12 CFR §1233.3
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Timeframe for reporting.
- (1)A regulated entity shall submit to the Director a timely written report upon discovery by the regulated entity that it has purchased or sold a fraudulent loan or financial instrument, or suspects a possible fraud relating to the purchase or sale of any loan or financial instrument.
- (2)In addition to submitting a report in accordance with paragraph (a)(1) of this section, in any situation that would have a significant impact on the regulated entity, the regulated entity shall immediately report any fraud or possible fraud to the Director by telephone or electronic communication.
- (b)Format for reporting.
- (1)The report shall be in such format and shall be filed in accordance with such procedures that the Director may prescribe.
- (2)The Director may require a regulated entity to provide such additional or continuing information relating to such fraud or possible fraud that the Director deems appropriate.
- (3)A regulated entity may satisfy the reporting requirements of this section by submitting the required information on a form or in another format used by any other regulatory agency, provided it has first obtained the prior written approval of the Director.
- (c)Retention of records. A regulated entity or entity-affiliated party shall maintain a copy of any report submitted to the Director and the original or business record equivalent of any supporting documentation for a period of five years from the date of submission.
- (d)Nondisclosure.
- (1)A regulated entity or entity-affiliated party may not disclose to any person that it has submitted a report to the Director pursuant to this section, unless it has first obtained the prior written approval of the Director.
- (2)The restriction in paragraph (d)(1) of this section does not prohibit a regulated entity from—
- (i)Disclosing or reporting such fraud or possible fraud pursuant to legal requirements, including reporting to appropriate law enforcement or other governmental authorities; or
- (ii)Taking any legal or business action it may deem appropriate, including any action involving the party or parties connected with the fraud or possible fraud.
- (e)No waiver of privilege. A regulated entity does not waive any privilege it may possess under any applicable law as a consequence of reporting fraud or possible fraud under this part.