legislation: 101-s-2786
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 101-s-2786 | 101 | s | 2786 | Comprehensive Thrift and Bank Fraud Prosecution Act of 1990 | Crime and Law Enforcement | 1990-06-26 | 1990-06-26 | Read twice and referred to the Committee on Judiciary. | Senate | Sen. Biden, Joseph R., Jr. [D-DE] | DE | D | B000444 | 24 | Comprehensive Thrift and Bank Fraud Prosecution Act of 1990 - Title I: Bank Fraud and Embezzlement Penalties - Amends the Federal criminal code to increase the maximum imprisonment penalty for specified bank fraud and embezzlement crimes from 20 to 30 years. Prescribes monetary penalties and up to life imprisonment for engaging in a continuing financial crime enterprise. Deems a person to be engaging in a continuing financial crime enterprise if such person: (1) violates specified criminal code provisions; (2) violates laws in concert with at least three persons with respect to whom such person occupies a supervisory position; and (3) receives at least $5,000,000 in gross receipts during a 24-month period. Includes within the definition of "racketeering activity" under the Racketeer Influenced and Corrupt Organizations Act (RICO) predicate offenses relating to: (1) the receipt of gifts or commissions for procuring loans; (2) financial institution embezzlement; and (3) fraud and false statements. Directs the U.S. Sentencing Commission to provide that in major bank crime cases where the offender derives more than $1,000,000 from the offense, such offender shall be assigned an offense level that is: (1) four times greater than the level that would have been assigned if the offense had not been committed under such circumstances; and (2) at least 24. Title II: Broadening Investigative Authority in Bank Crime Cases - Authorizes the Federal Bureau of Investigation to issue administrative subpoenas to compel the production of documents relevant to specified bank crimes. Permits the Secret Service to arrest persons violating specified provisions with respect to financial institutions and the Resolution Trust Corporation (RTC). Requires the Secret Service to exercise such jurisdiction through the Financial Institutions Crime Strike Forces. Authorizes the interception of wire, oral, or electronic communications in connection with specified bank fraud and bribery offenses. Removes from the list of offenses for which such interception is authorized offenses relating to the destruction of energy facilities. Title III: Restructuring the Federal Attack on Bank Crimes - Establishes: (1) the Financial Services Crime Division within the Department of Justice; and (2) ten Division field offices in the Federal judicial districts experiencing the greatest number of offenses relating to the financial services industry. Designates such offices as Financial Services Crime Strike Forces. Sets forth Division reporting requirements. Authorizes appropriations. Title IV: Expanding Federal Forfeiture and Money Laundering Laws - Subjects to forfeiture property derived from specified offenses affecting insured depository institutions. Provides for the restoration of such property to victims of the offenses. Authorizes the seizure of property subject to forfeiture. Adds specified bank fraud offenses to the list of predicates under money laundering provisions. Amends the Federal Deposit Insurance Act to prohibit liability incurred as a result of a breach of fiduciary duty from being discharged through bankruptcy. Amends Federal bankruptcy law to disallow the use of bankruptcy to discharge a debtor from commitments to maintain the capital of an insured depository institution. Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to expand requirements for the disclosure of administrative enforcement proceedings by Federal banking agencies and the National Credit Union Administration Board. Title V: Increasing Investigators and Prosecutors for Bank Fraud and Embezzlement Cases - Authorizes and allocates appropriations for salaries and expenses of the Financial Services Crime Strike Forces. Title VI: Preventing and Prosecuting Fraud in the Sale of Assets by the Resolution Trust Corporation - Prescribes monetary and/or criminal penalties for the knowing concealment of assets from the Federal Deposit Insurance Corporation (FDIC) or the RTC in such Corporation's capacity as conservator or receiver for an insured depository institution. Subjects to civil and criminal forfeiture property derived from specified violations relating to the sale of assets by the RTC. Authorizes the FDIC or the RTC to institute civil proceedings under RICO for violations affecting insured depository institutions. Amends the Federal Deposit Insurance Act to grant the FDIC and the RTC subpoena authority when acting as conservators or receivers. Authorizes courts, at the request of the FDIC or RTC, to place assets of any person under the control of a trustee if: (1) such person is an institution-related party who may be required to pay restitution to the institution or is a debtor of the institution; or (2) such person's assets will be dissipated or placed beyond the jurisdiction of the court or the FDIC or RTC before any recovery may be completed, unless a trustee is appointed. Permits the FDIC or the RTC, as conservators or receivers, to avoid any fraudulent transfer of interest made by an institution-affiliated person or debtor within five years of the date on which the FDIC or RTC was appointed conservator or receiver. Sets forth recovery rights with respect to transferred property. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to grant injunctive relief in actions brought by the FDIC, RTC, or National Credit Union Administration that involve fraud affecting financial institutions. Amends the Federal Home Loan Bank Act to require the RTC to maintain a Fraud and Enforcement Review Division. Title VII: Strengthening the Judicial System in the Prosecution of Bank Fraud and Embezzlement Cases - Authorizes appropriations to the Federal courts for salaries and expenses of the Court of Appeals, District Courts, and other judicial services. Allocates such funds among the judicial districts with the highest financial institutions crime case loads. Grants U.S. magistrates the power to accept guilty pleas for specified offenses affecting insured depository institutions. Title VIII: Private Actions Against Persons Committing Bank Fraud and Embezzlement Crimes - Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to authorize private persons to bring civil actions for specified bank fraud crimes, subject to certain conditions. | 2025-08-26T17:24:54Z |