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August 09, 2019

Compliance Blog breaks down NCUA 'second chance' guidance

Compliance BlogWhat does the NCUA's proposed Interpretive Ruling and Policy Statement (IRPS) related to a section of the Federal Credit Union Act regarding convicted criminals mean for credit unions? Read today's Compliance Blog post for a breakdown of the "second chance" proposal's impact on credit unions and individuals.

NAFCU Regulatory Compliance Specialist Alma Calcano provides the legal and regulatory background on employing a person who has been convicted of any criminal offense involving dishonesty or breach of trust. She references a previous IRPS from 2008 in which the NCUA Board provided direction and guidance on applying for board consent to hire a convicted criminal on a case-by-case basis.

Calcano explains how the proposed IRPS would, among other things:

  • expand the current de minimis exception to include additional offenses;
  • clarify that all of the sentencing requirements associated with a conviction or conditions imposed by the pretrial diversion or similar program, including, but not limited to, imprisonment, fines, condition of rehabilitation, and probation requirements, must be completed before the board will deliberate a consent application;
  • implement a new age-based exception to the filing requirement; and
  • expand the exception to include convictions or program entries for insufficient funds checks of aggregate moderate value, small dollar simple theft, false identification, and simple misdemeanor drug possession

These changes, Calcano notes, would "reduce the number of offenses that would require an application to the Board…and expand the pool of applicants credit unions can consider for employment."

The proposal's impact on credit unions' bond coverage against dishonesty or fraud by employees is also explained in the blog post. Read the full post here.

Earlier this week, NAFCU issued a Regulatory Alert – using its new template – on the NCUA's proposal. Review the alert and provide comments to NAFCU here.