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Enforcement Actions Types

Banks (includes national banks, Federally chartered savings associations and their subsidiaries, Federal branches and agency offices regulated by the OCC)

  • Cease & Desist Orders (C&D): Banking organizations subject to cease and desist orders are required to take actions or follow proscriptions in the orders. 12 U.S.C. § 1818(b).

  • Civil Money Penalty Orders (BCMP): Banking organizations subject to civil money penalties must pay fines. 12 U.S.C. § 1818(i)(2)

  • Formal Agreements (FA): Banking organizations that are subject to formal agreements agree to take actions or follow proscriptions in the written agreement. 12 U.S.C. § 1818(b).

  • Notices Filed (NFB): Banking organizations against whom an "OCC Complaint" (in the form of a Notice of Charges and/or Notice of Civil Money Penalty Assessment) is filed have an opportunity to litigate the matter before an Administrative Law Judge. 12 USC § 1818(b) (Notice of Charges) and 12 USC 1818(i) (Notice of Civil Money Penalty Assessment).

  • Prompt Corrective Action Directives (PCAD): Banking organizations that are subject to prompt corrective action directives are required to take actions or to follow proscriptions that are required or imposed by the OCC, under section 38 of the FDI Act. 12 U.S.C. §1831o.

  • Safety & Soundness Orders (SASO): Banking organizations that are subject to safety and soundness orders are required to take actions or to follow proscriptions that are imposed by the OCC under section 39 of the FDI Act. 12 U.S.C. §1831p-1.

  • Securities Enforcement Actions (SEB): Banking organizations that are engaged in securities activities, such as municipal securities dealers, government securities dealers, or transfer agents, can be subject to various OCC sanctions, including censures, suspensions, bars and/or restitution, pursuant to the federal securities laws.
 

Institution Affiliated Parties (IAPs)(includes individuals and entities as defined in 12 U.S.C. § 1813(u))

  • 1829 Notifications (1829): IAPs who have been convicted of, or entered into a pretrial diversion or similar program for certain criminal offenses are notified by letter that they are prohibited from participating in the affairs of any insured depository institution without prior regulatory or judicial approval by operation of law. 12 U.S.C. § 1829.

  • Cease & Desist Orders against Individuals (PC&D): IAPs who are subject to cease and desist orders are required to take actions or follow proscriptions in the orders. 12 U.S.C. § 1818(b).

  • Civil Money Penalty Orders against Individuals (CMP): IAPs who are subject to civil money penalties must pay fines. 12 U.S.C. § 1818(i)(2).

  • Formal Agreements (FA): IAPs that are subject to formal agreements agree to take actions or follow proscriptions in the written agreement. 12 U.S.C. § 1818(b).

  • Notices Filed (NFI): IAPs against whom an "OCC Complaint" (in the form of a Notice of Charges, Notice of Intent to Prohibit/Remove, and/or Notice of Civil Money Penalty Assessment) is filed have an opportunity to litigate the matter before an Administrative Law Judge. 12 USC 1818(b) (Notice of Charges); 12 USC 1818(e) (Notice of intent to Prohibit/Remove); and 12 USC § 1818(i) (Notice of Civil Money Penalty Assessment).

  • Removal/Prohibition Orders (REM): IAPs who are subject to prohibition orders are prohibited from participating in the affairs of any insured depository institution without prior regulatory approval. 12 U.S.C. §§ 1818(e) or 1818(g).

  • Restitution Orders (REST): IAPs who are subject to restitution orders are required to reimburse banking organizations or the Federal Deposit Insurance Corporation for losses caused or for unjust enrichment. 12 U.S.C. §1818(b).

  • Securities Enforcement Actions against Individuals (SEI): IAPs who are affiliated with banking organizations engaged in securities activities, such as municipal securities dealers, government securities dealers or transfer agents, can be subject to various OCC sanctions, including censures, suspensions, bars and/or restitution, pursuant to the federal securities laws.

For more information on the OCC's enforcement action policy, please see PPM 5310-3, Enforcement Action Policy (PDF 284 KB).