Notice2025-12330
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
July 2, 2025
Issuing agencies
National Credit Union Administration
Abstract
This notice describes the NCUA's 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 125 (Wednesday, July 2, 2025)</title>
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[Federal Register Volume 90, Number 125 (Wednesday, July 2, 2025)]
[Notices]
[Page 29049]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12330]
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NATIONAL CREDIT UNION ADMINISTRATION
Guidance on Referrals for Potential Criminal Enforcement
AGENCY: National Credit Union Administration (NCUA).
ACTION: Notice.
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SUMMARY: This notice describes the NCUA's plans to address criminally
liable regulatory offenses under the recent executive order on Fighting
Overcriminalization in Federal Regulations.
FOR FURTHER INFORMATION CONTACT: John H. Brolin, Senior Staff Attorney,
Division of Regulations and Legislation, Office of General Counsel, at
1775 Duke Street, Alexandria, VA 22314 or by telephone at (703) 518-
6540.
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 NCUA Board advises the public
that by May 9, 2026, the NCUA, in consultation with the Attorney
General, will provide to the Director of the Office of Management and
Budget a report containing: (1) a list of all criminal regulatory
offenses \1\ enforceable by the NCUA 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 NCUA is
deciding whether to refer alleged violations of criminal regulatory
offenses to DOJ, officers and employees of the NCUA 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.
By the National Credit Union Administration Board on June 26,
2025.
Melane Conyers-Ausbrooks,
Secretary of the Board.
[FR Doc. 2025-12330 Filed 7-1-25; 8:45 am]
BILLING CODE 7535-01-P
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</html>Indexed from Federal Register on July 2, 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.