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10
•
BOARD OF GOVERNORS
CF" THE
FEDERAL RESERVE SYSTEM
•
S-527
WASHINGTON
ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD
•
July 6, 1942
•
Dear Sir:
This refers to the Board's letter of May 28,
1942 (S-496) with regard to the program for enforce-ment of Regulation W.
In this connection, the Board
has been advised by the Federal Deposit Insurance Corporation and the Comptroller under dates of June 29
•
and
JO, 1942, respectively, that the two agencies will
cooperate in the enforcement program along the lines
suggested in the Board's letters to these two agencies
dated June 12, 1942, of which copies are enclosed.
.
Very truly yours,
•
..
Chester Morrill,
Secretary.
Enclosures 2
TO THE
PR.ESILl&~TS
OF ALL FEDERAL RESERVE BANKS.
11
•
S-527-a
June 12,
l9L~
Honorable Leo T. Crowley, Chairman,
Federal Deposit Insurance Corporation,
V:ashingtou, D. C.
Attention I'Jb:'. Francis C. Brovm
•
•
•
Dear Mr. Crowley:
The Board has recently adopted a comprehensive program for
the enforcement of Regulation VI uhich it issued pursuant to +.he authority contained in the Executi've Order issued by the President on
August 9, 194.1 (Federal Register, August 13, 1941, page 4035). For
your informatiop in this connection, there is enclosed a copy of a
letter dated i/1ay 28, 1942 v:hich the Board has forv;arded to the Presidents of all the Federal Reserve Banks, together with w_1 outline of
the enforcement program. In viev: of the interest of the Department
of Justice in matter::; of this kind, this program has been cleared by
the Board with that Department. In this connection~ there is enclosed
a copy of a lettar the Board. has received frow the Department of
,Justice, together with a copy of a circular rrhich that Department
has sent to all of its United Sto.tes Attorneys.
In order to avoid duplication of steps to discoV•3r violations of the regulation, the Board wot'-ld like to have the cooperation
of your Corporation with respoct to a..ty violations v<h:ich ma;r occur
in nonmember insured banks and Federal Credit Unions. SjJecifically,
we would like to have the coopor:::,tion of your Corporation along the
following lines~
•
•
l.
Take such steps as you deem appropriate in v.-w examination of such institutions ceo determine whether violations of Re~1lation W exist;
2.
If violations are discovered which in the oplnlon of
representatives of your Corporation are inadvertent,
take steps to obtain correction of the violations along
the lines nhich it is contemplated will be taken 1:lf the
Federal Reserve Banks in similar circumstances under
section IIA of the enclosed outline of enforcement program; and
3.
If violatibnS arc-. discovered w:ncn in the op1.n~on of
representatives of your Cor;)oration are apparentJ~y
willful and steps should be taken to determine v'ihether
•
•
12
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S-527-a
-2-
•
penaltiEJs should be prescribed, report the facts in
the case to the Federal Reserve Bank of the district
in ~:hich the apparently willful violation occu:r·s.
•
In carrying out the abbve program, we would like to have
representatives of your Corporation and appropriate representatives
at the various Federal Reserve Banks maintain close informal contacts
in order that the Federal Reserve Bank representatives may be of all
possible assistance to you in your cooperation with us in this matter.
•
•
For your information, the Comptroller of the Currenc.,·y has
been requested to cooperate with the Board in the enforcenent of
Regulation V,J in so far a::> national bankn and Credit Unions subject
to his supervision are concerned. iiJe understand jnformally that the
Comptroller's cooperation will be along the lines of the above and
expect, to receive formal advice to that effect from the Comptroller •
•
Very
(Signed)
trul~r
you:r3,
CheGter Morrill
Chester Ivlorrill~
Secretary •
•
..
Enclosures
•
..
•
13
BOARD OF GOVERNORS
Of" THE
.
FEDERAL RESERVE SYSTEM
S-496
WASHINGTON
ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD
May 28, 1942
•
Dear Sir:
•
Unci.er date of October 10, 1941 {S-368), the Board wrote you
with regard to obtaining C')rrections of apparent violations of Regulation W. It was asswned that most violations were the result of inadvertence or misunderstanding as to the meaning of the provisions of the
regulation.
Since that tirne.rnan.v Registrants have ha.d an opportunity to
familiarize themselves vrith the regulation e.nd there may be instances
where violations are willful rather than the result of inadvertence or
ignorance. The Board feels that it has a responsibility to provide
such a program of enforcement ~s ~ill bring'about general complicmce
with th0 requirements of the regulation a.nd in some degree prevent willful violations. To this end, the: Board has approved a program of enforcement, a copy of an outline of ·which is onclosed. Certain parts
of the program call for action by the various Federal Reserve Banks,
and it is requested that your Bank proceed in accordance with this program.
•
After consultation with representatives of the Department of
Justice it has been decided that, for the present at least and in the
absence of exceptional circumstances, violations will not be reported
to the Department of Justice in the first instance. However, in cases
where the circumstances warrant, proceedings will be instituted, as
set forth in the outline, to determine Vihether or not the Registrant 1 s
license should be susp<:mded. The Board mey wish to bring some of the
cases in the latter catego~ to the attention of the Department of
Justice for possible prosecution by that Department. At tho present
time, however, it is desirable that every effort be made to sacure compliance on the part of persons having obligctions under the regulation,
and it is contemplated that crirninal action will be taken only in cases
involving willful and aggravated violations.
•
In connection with subdivision II(B) of the enclosed program
YICTORYrelating to proceedings for suspensioi1 of license in tbe case of will. ~~!ful violations, it is contemplated, of course, that if any case should
STATES
WAR
BONDS
•
•
S-496
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"
•
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14
be discovered where the failure ;of a person subject to Regulation W to
comply with tho registration requirements of the regulation is apparently willful, you will make a ful+ report of the facts in such case to the
Board in order that it may bring the case to the attention of tht3 Department of Justice.
With respect to subdi~ision I(A)(3) of the enclosed program
relating to solicitation of the cooperation of local supervisor/ agencies, ·it is suggested that your Bank not take stops to work out a. program with such agencies until the Board has reached agreement with the
Federal Deposit Insurance Corporation, the Comptroller of the Currency,
etc., with respect to their cooperation as mentioned under subdivision
I(A)(2). In this connection, it may be mentioned that it is contemplated that in our contact with the National Associc.tion of Supervisors
of State Banks we will solicit their cooperation at this time only as
to banks. Howeve;r, it is believed that in a nu.-·nber of States the bank
supervisory agency also supervises and examines other classes of lenders subject to Regulation TI. We will advise you as soon as practicable
as to the agreements we have roached with the Federal Deposit Insurance
Corporation, the Comptroller of the Currenoy, etc., and in the meantime
you may wish to contact the bank supervisor/ agencies and any oth<3r similar agencies in your. district to det~rmine what lenders subject to Regulation W other than banks come under their jurisdiction.
The Board desires to emphasize that the enclosed program of
enforcement is not intonded to diminish in ru~ way the educational activities of your Bru1k with regard to the requirements of Regulation W
through trade associations, Better Business Bureaus, the press, b,y furnishing speakers to interested groups, or b,y any other appropriate means.
Very truly yours,
•
~hi~
•
Chester Morrill,
Secretary.
Enclosure
•
TO THE
PRESIDE~NTS
..
•
Oli' ALL FEDERAL RESERVE BANKS
S-496-a
OUTLINE OF ENFORCEMENT PROGRAM UNDER REGULATION VV
•
I.
..
Detection of Violations
A.
Lenders:
1.
It shall be the primary responsibility of the Federal Heserve Banks to detect violations by State member banks
throuch the usual process of examination of such banks
and through spot checks to detEct violations by other
lenders not periodically examir.ed by reco~-nized State or
Federal supervisory agencies. Such opot-checkin5· shall
be conducted as outlined under I-B below •
2.
The Board will undertake to obtain the cooperation of
supervisory agencies having authority of national scope
in detecting violations by institutions under thr~ir examination and supervision, such agencies including--
•
•
•
•
•
a.
Federal Deposit Insurance Corporation
b.
Comptroller of the Currency
c.
National Housing Agency
d.
Farm Credit Administration
The Board will also undertake to obtain the cooperation
of the National Association of Supervisors of State Banks.
Any such cooperation will be solicited along the lines of
that which has been obtained with respect to violations
of the Board's Regulation U, with such modifications of
procedure as may be appropriate to conform to this program.
"'
•
3.
B.
The Federal Reserve Banks will solicit the cooperation of
supervisory agencies having authority of local scope in
detecting violations by institutions under their examination and supervision. Each Federal Reserve Bank, with
the assistance of its counsel, will ascertain the local
supervisOFJ agencies regularly exa~ining and supervising
those lenders subject to Regulation W•
Vendors:
l.
•
The various FE;!deral Reserve Banks will for the present
spot check extensions of credit by vendors, each Federal
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S-496-a
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Reserve Bank exerc1s1ng its ovm discretion as to the
number of checkers or investigators it will engage,
their qualifications and training, the size of sample
of vendors to be investigated, and the methods and
scope of investigation. The Board suggests, 'however,
that each Federal Reserve Bank make a real effort to
spot check a representative number of vendors that
may be subject to Regulation W. Any such investigator should be furnished with appropriate creden•
tials ~y the Federal Reserve Bank he represents. The
investigator's report should follovr such form as is
suggested by the following outline:
•
a • Name of the Federal Reserve Bank.
•
b.
Name, address, and character of the business investigated and whether registered.
c.
Date of investigation.
d.
Name of investigator.
e.
Scope of investigation (including procedure in
spot-checking, num'Qer and types of transactions
reviewed and for what calendar period, whether
there was a review of Statements of Borrower,
Statements of Transaction, and Statements of
Necessity, etc.).
f.
List of violations disclosed and as to each whether
in the investigator's opinion it was apparently
willful or inadvertent.
g.
A complete detailed statement of facts of each violation •
h.
Corrections, i f any, obtained as a result of the
investigation.
i.
The attitude of the business executives toward the
regulation in general and toward the alleged violation in particular.
j.
Other comments of the investigator.
•
•
•
II. Treatment 9f Vio1ations
•
aft~t
Detection
I
Consideration will be given in this section only to violations
discovered by the Federal Reserve Banks. In negotiations with
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S-496--a
other supervisory agencies, an attempt will be ma.de to have
their treatment of violations conform genera.Uy to the treatment of violations discovered by the Federal Reserve Banks.
•
A.
Inadvertent violations:
1.
•
B.
•
1.
•
2.
•
a.
Take appropriate steps to bring about, if 9racti~
cable under all the circmnstances, a correction
of the contract in accordance V!ith the regulation;
b.
If the circumstances warrant, make further investigations from time to time to determine whether
other violations occur; and
c.
Furnish the Bc:>ard, ~·vhen requested to do .so, with
reports showing inadvertent violations and the corrections obtained.
Willful violations:
•
•
If in the opinion of the Federal Heserve Bank the violation was inadvertent, the Heserve Ba.nl:<: will--
If, in the opinion of the Federal Reserve r3c:nk, a violation was a.pparently ·NillfuJ. and proceedings should be
instituted to determinG whether the Registrant 1 s license
should be suspended., the Federel Reserve Bank will-a.
Prepare a full report ::>f the facts disclosed by its
investigation;
b.
Forward one copy of such report to the Board with
its recorrunendations; <'md
c.
Take no further action against the apparent violator until directed to do so by the Board •
If' the circumstance.s warrant, the Board of Governors will
direct that a hearing be held at the Federal Reserve; .dank
to determine whether or not the Hegistr::cnt 1 s liccmse
should be suspended. In connection wi tb any such direction, the Federal hesf.;rve Bank will be furnished with
full instructions as to the conduct of tha bea.ring. In
general, it is contemplated the.t the hearing will bo conducted by a trial examiner sel(c;cted for tiJ.l3 purpose but
independent of the Federal Heserve Bank anct that the evidence of the violation will be presented by counsel and
other representatives of the Federal Reserve Bank.
17
18
S-527-b
DEPARTM.i£NT OF JUSTICE
Washington, D. C.
M~r
27, 1942
Mr. Chester Morri]).,
Secretary, Board of Governors,
Federal Reserve System,
Washington, D. c.
Dear Mr. Morrill:
This will acknowledge your letter dated ~1ay 22, 1942~
with the enclosed documents, in which you ask to be advised
whether this Department has any objection to the proposed outline of enforcement of Regulation W, relating to Consumer Credit,
as set forth therein.
The Criminal Division is in accord with the proposals
set forth in your letter, and assures you of its cooperation in
your progr~~ to secure compliance from persons having obligations under the Regulation whenever possible without the institution of criminal proceedings.
A circular letter is being sent to all United States
Attorneys requesting that no proceedings should be instituted
i:.J cases involving violations of Regulation Vif without prior authority from the Department. In this connection, it is request~d
that there be furnished to the Criminal Division four hundred
copies of Regulation W, as revised effective M~ 6, 1942, for
distribution to the United States Attorneys and a similar number
of the Federal Reserve circular outlining the Board's proposed
policy with reference to the administration and enforcement of
the Regulation.
Respectfully,
For the Attorney General,
(Signed)
Wendell Berge
WENDELL BERGE~
Assistant Attorney General.
19
S·-52'7-·C
DEPART!Vl_EH'I' OF JUSTICE
•
\"ia.shington, D. C.
Mey
29, 1942
CIRCULAR .NO. 3567
Supplement No. 1
TO ALL UNITED STATES AT'l'ORNTI.'YS:
Subject:
Violations of the Regulations pertaining to Cons1.11ner Credit.
Section 95(a) 1 Title 12; United States Code (Section 5(b)
Act of October 6, 1917).
There are transmi ttec:
here~vi th
copies of Regulation W of the
Board of Governors of the Federal Reserve System, as revised effective
Ma.y 6, 1942, entitled "Consumer Credit" and promulgated in accordance
with Executive Order No. 8843 dated August 13, 1941 (Fed. Reg. August
13, 1941 p. 4035).
In view of the policy of the Federal Heserve Board as stated
in its "Outline of Enforcement under Regulation W" a copy of which is
enclosed herewith, it is requested that any
~tpparent
violations of Reg-
ulation Vi nhich come to your attentiou be submi ttcd to the Federal
Reserve Bank or branch in the district in which the a .lmarent
violation
J
occurs for disposition in accordance with the above program, and tha.t
no prosecutions for violations of these Regulations be instituted vlithout the pr :i.or au thor i ty of the Department •
•
FRANCIS BIDDLE
Attorney General
20
S-527-d
June 12, 1942
Honorable Preston Delano,
Comptroller of the Currency,
Washington, D. C.
Attention Mr. J. Louis Robertson
Dear Mr. Delano:
The Board has recent~ adopted a comprehensive program for
the enforcement of Regulation W which it issued pursuant to the authority contained in the Executive Order issued ~~ the President on
August 9, 1941 (Federal Register, August lJ, 19~1, page 4035). For
your information in this connection, there is enclosed a copy of a
letter dated May 28, 1942 which the Board has forwarded to the Presidents of all the Federal Reserve Banks, together with an outline of'
the enforcement program. In view of the interest of the Department
of Justice in matters of this kind, this program has been cleared qy
the Board with that Department. In this connection, there is enclosed a copy of a letter the Board has received from the Department
of Justice, together with a copy of a circular which that Department
has sent to all of its United States Attorneys.
In order to avoid duplication of steps to discover violations of the regulation, the Board would like to have the cooperation
of your office with respect to any violations which may occur in national banks and Credit Unions subject to your supervision. Specifically, we would like to have the cooperation of your office along the
following lines:
l.
Take such steps as you deem appropriate in the examination of such institutions to determine whether violations of Regulation W exist;
2.
If violations are discovered which in the opinion of
representatives of your office are inadvertent, take
steps to obtain correction of the violations along
'the lines which it is contemplated will be taken qy
the Federal Reserve Banks in similar circumstances
under section IIA of the enclosed outline of enforcement program; and
3.
If violations are discovered which in the opinion of
representatives of your office are apparent~y willful
"
2:1
S-527-d
-2;.;
and steps should be taken to determine whether penalties should be prescribed, report the facts in the
case to the Federal Reserve Bank of the district in
which the apparently willful violation occurs.
.
I
In carrying out the above progra~, we would like to have
representatives of your office' and. appropriate representatives at
the various Federal Reserve Banks maintain close informal contacts
in order that the Federal Reserve Bank representatives may be of all
possible assistance to you in your cooperation with us in this matter.
For your information, the Federal Deposit Insurance Corporation has been requested to cooperate with the Board in the enforcement of Regulation Win so far as nonmember-insured banks and Federal
Credit Unions are concerned. We understand informally that the Corporation's cooperation will be along the lines of the above and expect
to receive formal advice to that effect from the Corporation.
Very truly yours,
(Signed)
Chester Morrill
Che8ter Morrill,
Secretary.
Enclosures
(NOTE: The enclosures with this letter v1ere identical to those with
the letter to the Federal Deposit Insurance Corporation.)
@FedFRASER