12 CFR §349.15

1. (a)Fraudulent conduct prohibited. No FDIC-supervised insured depository institution or its IAPs may, directly or indirectly, in or in connection with any retail forex transaction:
   1. (1)Cheat or defraud or attempt to cheat or defraud any person;
   2. (2)Willfully make or cause to be made to any person any false report or statement or cause to be entered for any person any false record; or
   3. (3)Willfully deceive or attempt to deceive any person by any means whatsoever.
2. (b)Acting as counterparty and exercising discretion prohibited. If an FDIC-supervised insured depository institution can cause retail forex transactions to be effected for a retail forex customer without the retail forex customer's specific authorization, then neither the FDIC-supervised insured depository institution nor its affiliates may act as the counterparty for any retail forex transaction with that retail forex customer.