Notice2025-11691
Guidance on Referrals for Potential Criminal Enforcement
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 25, 2025
Issuing agencies
Federal Deposit Insurance Corporation
Abstract
This document describes the Federal Deposit Insurance Corporation's (FDIC) plans to address criminally liable regulatory offenses under the recent executive order on fighting overcriminalization in Federal regulations.
Full Text
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<title>Federal Register, Volume 90 Issue 120 (Wednesday, June 25, 2025)</title>
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[Federal Register Volume 90, Number 120 (Wednesday, June 25, 2025)]
[Notices]
[Page 27017]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11691]
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FEDERAL DEPOSIT INSURANCE CORPORATION
Guidance on Referrals for Potential Criminal Enforcement
AGENCY: Federal Deposit Insurance Corporation.
ACTION: Notice of general policy.
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SUMMARY: This document describes the Federal Deposit Insurance
Corporation's (FDIC) plans to address criminally liable regulatory
offenses under the recent executive order on fighting
overcriminalization in Federal regulations.
FOR FURTHER INFORMATION CONTACT: Andrew Kim, Senior Attorney, 1776 F
St. NW, F-2016, Washington, DC 20429.
SUPPLEMENTARY INFORMATION: On May 9, 2025, the President issued
Executive Order (E.O.) 14294, Fighting Overcriminalization in Federal
Regulations (90 FR 20363; May 14, 2025). Section 7 of E.O. 14294
provides that within 45 days of the order, and in consultation with the
Attorney General, each agency should publish guidance in the Federal
Register describing its plan to address criminally liable regulatory
offenses.
Consistent with that requirement, the FDIC advises the public that
by May 9, 2026, the agency, in consultation with the Attorney General,
will provide to the Director of the Office of Management and Budget
(OMB) a report containing (1) a list of all criminal regulatory
offenses \1\ enforceable by the FDIC or the Department of Justice
(DOJ); and (2) for each such criminal regulatory offense, the range of
potential criminal penalties for a violation and the applicable mens
rea standard \2\ for the criminal regulatory offense.
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\1\ ``Criminal regulatory offense'' means a Federal regulation
that is enforceable by a criminal penalty. E.O. 14294, sec. 3(b).
\2\ ``Mens rea'' means the state of mind that by law must be
proven to convict a particular defendant of a particular crime. E.O.
14294, sec. 3(c).
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As a practical matter, the FDIC does not generally make referrals
of criminal regulatory offenses to the DOJ. To the extent that
information is uncovered during the agency's supervisory activities
that could suggest potential violations of criminal laws, the FDIC's
practice is to refer such information to the Office of the Inspector
General for the FDIC (FDIC-OIG). The FDIC-OIG then evaluates the
information and determines whether a criminal referral to DOJ may be
warranted. Where warranted, the FDIC-OIG's office makes referrals to
DOJ based upon violations of Federal criminal statutes; the FDIC is not
aware of the FDIC-OIG having made any referral to DOJ based upon a
criminal regulatory offense in the past 10 years. Nonetheless, the FDIC
commits to establishing procedures consistent with the E.O. for any
future referral to DOJ involving a potential criminal regulatory
offense.
This document announces a general policy, subject to appropriate
exceptions and to the extent consistent with law, that when the FDIC is
deciding whether to refer alleged violations of criminal regulatory
offenses to DOJ, officers and employees of the FDIC should consider the
following factors:
<bullet> the harm or risk of harm, pecuniary or otherwise, caused
by the alleged offense;
<bullet> the potential gain to the putative defendant that could
result from the offense;
<bullet> whether the putative defendant held specialized knowledge
or expertise, or was licensed in an industry related to the rule or
regulation at issue; and
<bullet> evidence, if any is available, of the putative defendant's
general awareness of the unlawfulness of his conduct as well as his
knowledge or lack thereof of the regulation at issue.
This general policy is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on June 23, 2025.
Matthew P. Reed,
Acting General Counsel.
[FR Doc. 2025-11691 Filed 6-24-25; 8:45 am]
BILLING CODE 6714-01-P
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</html>Indexed from Federal Register on June 25, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.