Suspected Employee Involvement in Mortgage Loan Fraud | ACAMS Exam Preparation

What to Do If a Bank Suspects Employee Involvement in Mortgage Loan Fraud

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Question

What should a bank do if it suspects one of its employees may be involved in mortgage loan fraud?

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A. B. C. D.

C

If a bank suspects that one of its employees may be involved in mortgage loan fraud, the bank should conduct an investigation by gathering and analyzing information on the employee (Option A). The purpose of the investigation is to determine whether the employee is actually involved in mortgage loan fraud, the extent of the employee's involvement, and the potential impact of the employee's actions on the bank and its customers.

The investigation should be conducted in a thorough and objective manner, with appropriate procedures in place to ensure that the employee's rights are respected. The bank should consider involving legal counsel and/or an independent third-party investigator to conduct the investigation.

Filing a police report automatically about the employee's potential misconduct (Option B) is not appropriate unless the bank has concrete evidence that a crime has been committed. A report to the police should be made only after the bank has completed its own investigation and determined that there is sufficient evidence to support a criminal complaint.

Initiating civil litigation against the employee to recover damages for losses incurred (Option C) may be an option if the bank has suffered financial losses as a result of the employee's actions. However, this should be considered only after the investigation is complete and the bank has determined that the employee's actions are in fact responsible for the losses.

Filing a SAR/STR on the employee's activities if management thinks it is suspicious (Option D) may be necessary if the bank has identified suspicious activity related to the employee's actions. However, this should also be done only after the investigation is complete and the bank has determined that there is a reasonable suspicion of money laundering or other financial crimes.

In summary, the appropriate response for a bank that suspects one of its employees may be involved in mortgage loan fraud is to conduct a thorough investigation to determine the facts of the situation. Depending on the outcome of the investigation, the bank may need to consider filing a police report, initiating civil litigation, or filing a SAR/STR, but these actions should be taken only after the investigation is complete and the bank has a clear understanding of the situation.