[Code of Federal Regulations]

[Title 12, Volume 6]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 12CFR612.2300]



[Page 93-94]

 

                       TITLE 12--BANKS AND BANKING

 

                 CHAPTER VI--FARM CREDIT ADMINISTRATION

 

PART 612_STANDARDS OF CONDUCT AND REFERRAL OF KNOWN OR SUSPECTED CRIMINAL 

VIOLATIONS--Table of Contents

 

      Subpart B_Referral of Known or Suspected Criminal Violations

 

Sec. 612.2300  Purpose and scope.



    Source: 62 FR 24566, May 6, 1997, unless otherwise noted. 

Redesignated at 69 FR 10907, Mar. 9, 2004.





    (a) This part applies to all institutions of the Farm Credit System 

as defined in section 1.2(a) of the Farm Credit Act of 1971, as amended, 

(Act) (12 U.S.C. 2002(a)) including, but not limited to, associations, 

banks, service corporations chartered under section 4.25 of the Act, the 

Federal Farm Credit Banks Funding Corporation, the Farm Credit System 

Financial Assistance Corporation, the Farm Credit Leasing Services 

Corporation, and the Federal Agricultural Mortgage Corporation 

(hereinafter, institutions). The purposes of this part are to ensure 

public confidence in the Farm Credit System, to ensure the reporting of 

known or suspected criminal activity, to reduce potential losses to 

institutions, and to ensure the safety and soundness of institutions. 

This part requires that institutions use the Farm Credit Administration 

Criminal Referral Form (hereinafter FCA Referral Form) to notify the 

appropriate Federal authorities when any known or suspected Federal 

criminal violations of the type described in Sec. 612.2301 are 

discovered by institutions.

    (b) The specific referral requirements of this part apply to known 

or suspected criminal violations of the United States Code involving the 

assets, operations, or affairs of an institution. This part prescribes 

procedures for referring those violations to the proper Federal 

authorities and the Farm Credit Administration. No specific procedural 

requirements apply to the referral of violations of State or local laws.

    (c) Nothing in this part should be construed as reducing in any way 

an institution's ability to report known or



[[Page 94]]



suspected criminal activities to the appropriate investigatory or 

prosecuting authorities, whether Federal, State, or local, even when the 

circumstances in which a report is required under Sec. 612.2301 are not 

present.

    (d) It shall be the responsibility of each System institution to 

determine whether there appears to be a reasonable basis to conclude 

that a criminal violation has been committed and, if so, to report the 

matter to the proper law enforcement authorities for consideration of 

prosecution.

    (e) Each referral required by Sec. 612.2301(a) shall be made on the 

FCA Referral Form in accordance with the FCA Referral Form instructions 

relating to its filing and distribution.



[62 FR 24566, May 6, 1997. Redesignated and amended at 69 FR 10907, Mar. 

9, 2004]