Notice2025-11749
Guidance on Referrals for Potential Criminal Enforcement
Primary source
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Published
June 26, 2025
Issuing agencies
Federal Financial Institutions Examination Council
Abstract
This notice describes the plans of the Appraisal Subcommittee of the Federal Financial Institutions Examination Council ("ASC") 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 121 (Thursday, June 26, 2025)</title>
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[Federal Register Volume 90, Number 121 (Thursday, June 26, 2025)]
[Notices]
[Page 27303]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11749]
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FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL
[Docket No. AS25-07]
Guidance on Referrals for Potential Criminal Enforcement
AGENCY: Appraisal Subcommittee, Federal Financial Institutions
Examination Council.
ACTION: Notice.
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SUMMARY: This notice describes the plans of the Appraisal Subcommittee
of the Federal Financial Institutions Examination Council (``ASC'') to
address criminally liable regulatory offenses under the recent
executive order on Fighting Overcriminalization in Federal Regulations.
DATES: June 23, 2025.
FOR FURTHER INFORMATION CONTACT: Natalie Lutz, Attorney Advisor, 202-
792-1217 or <a href="/cdn-cgi/l/email-protection#056b647164696c60456476662b626a73"><span class="__cf_email__" data-cfemail="b5dbd4c1d4d9dcd0f5d4c6d69bd2dac3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On May 9, 2025, the President issued
Executive Order (``E.O.'') 14294, Fighting Overcriminalization in
Federal Regulations. 90 FR 20363 (published 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 ASC advises the public that
by May 9, 2026, the ASC, 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 ASC 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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This notice also announces a general policy, subject to appropriate
exceptions and to the extent consistent with law, that when the ASC is
deciding whether to refer alleged violations of criminal regulatory
offenses to DOJ, officers and employees of the ASC should consider,
among other 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,
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.
Mathew Ponzar,
Acting Executive Director.
[FR Doc. 2025-11749 Filed 6-25-25; 8:45 am]
BILLING CODE 6700-01-P
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