Bank insiders (directors, officers and principal shareholders) oftentimes must complete biographical and financial reports, whether in banking or in their private affairs.  Such reports typically request information about any
enforcement actions in any other context.  These disclosure obligations not only concern actions against the individuals themselves, but enforcement matters against entities for which those people were insiders.  The
failure to provide such information can represent a breach of integrity issue.  Moreover, other areas are giving effect to banking enforcement actions.  For instance, individuals who have been subject to banking enforcement actions may be prohibited from using the private placement exemption under the securities laws.  This presentation will discuss disclosure obligations, the impact of enforcement actions on those obligations, the ticky-tack gotcha’s from the regulators under flood, etc. that can lead to enforcement actions, why bankers should consider pushing back on those actions, and how to do so.  Given the significant reputational and reporting obligations that can be caused by enforcement actions, not all such enforcement actions should be settled.