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1. Purpose. To establish guidelines for providing examiner assistance to federal law enforcement authorities.
2. Background. From time to time the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), U.S. Attorney's Offices, Department of Justice and the various organized crime strike forces have requested the assistance of an FDIC examiner to help develop criminal cases involving insured nonmember banks. Such requests have become more frequent in recent months.
Requests for examiner assistance may arise from investigations of bank fraud and embezzlement cases referred to the U.S. Attorney by the FDIC or by the banks themselves. Other cases are developed from information gathered by organized crime strike forces or similar multi-agency investigative groups. The IRS often requests assistance in developing criminal cases under 31 C.F.R. 103, the financial recordkeeping and reporting of currency and foreign transactions regulations.
Usually, an examiner is requested to provide expertise to aid law enforcement agents in building a case. The examiner may be asked to interpret documents subpoenaed from the bank; explain how the documents flow through the system; and determine whether they are relied upon at some point by FDIC examiners, bank auditors or managers to formulate business decisions or opinions as to the condition of the bank. At other times, more specific assistance is desired. In several cases, the initial request for assistance has led to a later request for the examiner to provide testimony at trial or before a Federal Grand Jury.
Transmittal No. 182