Impact Of Chapter 2 Regulations And Prudential Supervision On Commercial Banks

The banking industry consists of almost sixty-five hundred banks that are insured by the Federal Deposit Insurance Corporation (FDIC). Out of these, there are eighty-one substantially large banks in the United States that are publically traded, which is where the market structure and industry information will be based. However, as with the rest of the country, these banks are very concentrated, with the largest banks accounting for over half of the market as well as accounting for the largest amounts of revenue.

Dodd–Frank Wall Street and Consumer Protection Act was passed by the Obama administration in 2010. The Act aims to prevent another financial crisis like the one that happened in 2008. The law is named after US Senator Christopher J. Dodd and Representative Barney Frank for their involvement in the creation and passage of the bill.

In “Wells Fargo Pays $1 Billion to Federal Regulators” article, the author wanted to tell that the bank Wells Fargo forced to the customers to pay the mortgage interest and they also forced customers to buy the unnecessary auto insurance policy. Moreover, Wells Fargo also creates fake accounts in customers’ name. For these several unlawful acts, this bank has been charged multiple times by Federal Regulators. There are 100 open investigations under this bank name.

Fraud is an issue that causes major scandals, although it is a very ancient scheme. Recent fraud events gave light to gaps that facilitated its events. Its extent was drastic by affecting financial markets that eventually trickled into global markets. Major organizations and countries worked cohesively and continue to address the gaps and, in effect, implemented strict compliance regulations to diminish and refrain fraudulent activities. Strict compliance regulations are examples of a fraud response plan the small family business could have implemented to refrain the perpetrators from fraudulent incidents, protect organizational assets and the organization’s going concern.

AICPA Code of Professional Conduct principles prevents vises such as fraud that are experienced in accountancy field. Audit is the best measure of the effect of the fraud that are imposed to investors by accountants. The relationship of the investors and account holders are supposed to be affirmed through auditing to ensure accounting principles are upheld(Weirich, Pearson, & Churyk, 2010). Improper loss of the funds through propagation of the accountant officer should be treated as fraud and criminal activity that should lead to prosecution. Therefore, the paper seeks to relate two fraud cases that have been audited and presenting AICPA Code of

The Fraud Act 2006 was introduced for the purpose of broadening the fraud offences that resided under the Theft Act 1968 and 1978. The implications of the offences within the Theft Act and Fraud Act will be critically discussed throughout the essay with the addition on how the changes in the law has made prosecuting offenders simpler. It is imperative to compare the two Acts, to allow a greater understanding from an investigators perspective if the enactment has had a positive impact. To support the points discussed, case law and legislation will be utilised appropriately.

The Commonwealth Bank was created in 1911 under the Commonwealth Bank Act. It was empowered to conduct both savings and general banking business supported by a Federal government guarantee. The Commonwealth Bank became the first bank involved in both trading and savings bank activities (Peat Marwick 1985:2). The Commonwealth Bank did not specifically have a central banking remit and it was not responsible for note issue, instead it was established as a vehicle to provide competition for commercial banks and to keep accounts of the Commonwealth government.

Wells Fargo, the world’s most valuable retail bank, has been fined to pay $185 million dollars after the exposure of schemes that defrauded customers in line with a business model, organized from the highest levels of the company, to boost its profits and growth (Beams). According to the US Consumer Financial Protection Bureau (CFPB), the bank opened 1.5 million store records and more than a large portion of a million accounts without clients ' authorization. Bankers moved assets from clients ' records into newly made accounts without their insight. The CFPB said that it resulted in customers being charged for insufficient funds or overdraft fees because the amounts that they were charged were not in their accounts. The bank also created more than 565,000 credit card accounts, of which 14,000 credit cards totaled more than $400,000 in fees and interest charges (Beams).

As part of the Financial Services and Markets Act 2000, the FSAs sole purpose are to meet their four objectives: maintain market confidence, enhance financial stability, protect the consumer and reduce financial crime. By not implementing rules, doing enough investigations and enforcing power, the FSA has failed to meet all these objectives. Trust was lost in the UK Financial system when the LIBOR scandal went public, banks revealed themselves to not be as financially stable as what they portrayed to be, a number of consumers got scalped by the manipulation and the LIBOR scandal occurred as one of the biggest financial crime that has yet to send individuals to jail. As a regulator that failed to meet all of its objectives, the FSA had a responsibility in the LIBOR scandal. Being the UK’s central bank, the BoE’s mandates were to provide monetary stability and financial stability. Even if this body does not oversee banks’ compliance with regulations, the scandal led to monetary and financial instability, which should concern the BoE. In fact, Diamond testifies against Paul Tucker, the deputy governor in charge of financial stability for the BoE. Diamond claims Tucker implied the LIBOR rate is high and should be lowered.

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) is the recent federal legislation that was enacted following the 2008-2009 global financial crisis that some have deemed as “the worst financial crisis since the Great Depression”. Regulatory reform of the financial system is an urgent priority as the recent financial crisis exposed some of the fundamental weaknesses in the financial regulatory system of the United States (Wilmarth, 2011). The response of

There are various external forces that have the potential of impacting the services offered by the financial institution. Amongst these external forces, government regulation is among the most potent. In the event of new government regulation, Westpac is compelled to adhere to the new directives. Failure of which, the integrity and overall legibility of the firm will be compromised. Concerns raised by any of the regulatory bodies have to be treated with the high regard that they command. In the recent times, the firm has been compelled to implement drastic measures in accordance to directives from ASIC (Australian Securities and Investment Commission). Westpac had to remove one of its advertisements, which the ASIC had found inappropriate.

The Australian Security and Investments Commission (ASIC), is an independent government body that acts as Australia’s corporate regulator. The organisation is responsible for regulating Australian companies, financial markets, financial services organisations, and professionals working in investment, superannuation, insurance, deposit taking, and credit . ASIC administers a number of laws, most notably the Australian Securities and Investments Commission Act and the Corporations Act , from which it derives the majority of its powers. According to the ASIC Act the organisation should strive to improve the performance of the financial system, promote the confident participation of investors and consumers within that system, and administers the laws that authorise its functions and powers effectively and with the least possible procedural requirements . However ASIC achieves only partial success in fulfilling its organisational goals, and thus only fulfils its role in society to a limited extent. For example, ASIC was slow and unproductive in handling allegations of fraud and incompetence amongst financial planning advisers working for the Commonwealth (CBA). Although ASIC was able to identify negligent parties, the processes of ASIC’s investigation were long-drawn-out and enforcement action did not adequately account for the scope of misconduct suggested by their investigation. Situations such as this indicate ASIC’s inability to work effectively as a corporate regulator.

A banking fraud is the use of illegal means to gain money, assets from depositors or clients fraudulently while posing as a bank, agent or any other financial institution. In many countries and especially the United States, bank fraud is a criminal offense even though experts refer to it as a white collar crime due to the manner in which it is carried out. The paper below will look at the vulnerabilities that face the banking industry while using the example of Stanford Financial Group Company to show how the banking fraud can be committed. Moreover, the paper will also look at the different frauds that can be committed in the banking sector and how the vulnerabilities can be avoided. A fraud prevention program will also be created meant to help companies in the banking industry prevent and detect crimes and frauds before they occur (Riggs, 2007).

Comparing to Basel 2 , the Basel 3 requirement of common equity Tier 1 capital ratio has risen up to 4.5%, which is 2.5% larger than before. Also , Tier 1 capital ratio increased to 6% under Basel 3 regulation

Financial institutions provide different kind of services. Depository institutions like banks, savings, loans and credit unions transform liquid liabilities like checking accounts, current accounts, and certificates of deposit that can be cashed in prior to maturity into relatively illiquid assets, such as home mortgages, house loans, loans to finance business inventories and accounts receivable, and credit card balances. These institutions also operate the payments system where bank balances are shifted between the set parties through checks, wire transfers, and credit and debit card transactions. INSURANCE companies fall into two broad categories which are life and health insurers, whose policies provide financial protection against different conditions like death, disability, and medical bills and property and casualty insurers, whose policies protect policyholders against losses arising from certain accidents like fire, natural disasters, accidents, fraud, and other calamities. Financial institutions which are having fixed-amount creditors include institutes with respect to banks, credit unions, insurance companies which are life or instrument, stockbrokers, and money-market mutual funds (MMMF).