Detecting Red Flags In Board Reports

Good decisions begin with good information. A bank's board of directors needs concise, accurate, and timely reports to help it perform its fiduciary responsibilities. This booklet describes information generally found in board reports, and it highlights “red flags”—ratios or trends that may signal existing or potential problems. An effective board is alert for the appearance of red flags that give rise to further inquiry. By making further inquiry, the directors can determine if a substantial problem exists or may be forming.

Lessons can be learned from major fraud cases. Whether the victim is a company, public agency, nonprofit, foundation, or charity, there is a high likelihood that many of these frauds could have been prevented or detected sooner if early Red Flag warning signs had been identified and acted upon. Fraud Prevention and Detection: Warning Signs and the

Bank Directors', Officers', and Lawyers' Civil Liabilities, Third Edition is an essential resource for any attorney who is litigating or attempting to settle cases brought by the federal and state banking regulators against directors, officers, and legal counsel of financial institutions. It provides current analysis of the new law emerging from the courts, the Supreme Court's landmark decision in O'Melveny & Myers v. FDIC and the demise of the federal common law regarding failed financial institutions. Directors' and officers' liability insurance and bank fidelity bonds are also covered in detail. John K. Villa guides you through the complexities of litigating an action - and discusses ways to reduce the chances of litigation - with strategic recommendations for all key players. This authoritative treatise answers essential questions such as: When is a bank director indemnified? How is the statute of limitations applied? What added responsibilities does a lawyer assume by becoming a bank director; does federal or state law control? What are acceptable courses of conduct for the bank? What must agencies prove before a court will enforce an administrative subpoena for financial data? How does the Sarbanes-Oxley Act of 2002 affect those banks that constitute a public company? New developments analyzed in the Third Edition include: Updated guidance from the banking regulatory agencies on implementing effective Bank Secrecy Act/Anti-Money Laundering compliance programs. Updated regulations on the application of the Volcker Rule. Recent ethics opinions addressing the nature and extent of a lawyer's duty with respect to the return of a client's files. An attorney's liability as a joint tortfeasor for participating in another's breach of fiduciary duty. Updated guidance on the imposition of firm-wide penalties in enforcement actions and on capital requirements for community banking entities. New case law addressing issues under the Delaware indemnification statute. Note: Online subscriptions are for three-month periods.

Bank Directors', Officers', and Lawyers' Civil Liabilities, Second Edition is an essential resource for any attorney who is litigating or attempting to settle cases brought by the federal and state banking regulators against directors, officers, and legal counsel of financial institutions. It provides current analysis of the new law emerging from the courts, the Supreme Court's landmark decision in O'Melveny and& Myers v. FDIC and the demise of the federal common law regarding failed financial institutions. Directors' and officers' liability insurance and bank fidelity bonds are also covered in detail. John K. Villa guides you through the complexities of litigating an action - and discusses ways to reduce the chances of litigation - with strategic recommendations for all key players. This authoritative treatise answers essential questions such as: When is a bank director indemnified? How is the statute of limitations applied? What added responsibilities does a lawyer assume by becoming a bank director; does federal or state law control? What are acceptable courses of conduct for the bank? What must agencies prove before a court will enforce an administrative subpoena for financial data? How does the Sarbanes-Oxley Act of 2002 affect those banks that constitute a public company?

Regulation AB has made a tremendous impact on the asset-backed securities markets. Where only imprecise, interpretive regulation previously existed, the new Regulation and related rules changes have imposed an extensive array of disclosure requirements. presents the only detailed guidance on the recently adopted securities offering reform rules and their effect on asset-backed securities offerings. It is the first genuine practice manual for this area of the law, covering the critical issues that arise in all relevant areas, including: securities law, tax, bankruptcy, accounting, and more. Offerings of Asset-Backed Securities, Fourth Edition tells you how to do asset-backed deals from a very practical perspective. It does not concern itself with legal theory. Instead, this unique resource focuses on real-world know-how, delivering: A step-by-step approach to spotting issues and solving problems Practical, transaction-oriented advice from the perspective of experienced practitioners Insights into specific issues that frequently arise in transactions Solutions to common problems Includes "issue-spotting" checklists and other formatting tools to ensure that this resource serves as a reliable, quick reference. Offerings of Asset-Backed Securities, Fourth Edition is the only practical, accessible, easy-to-use guide to the new SEC rules and the key issues associated with structuring and executing securitization transactions. Previous Edition: Offerings of Asset-Backed Securities, Third Edition, ISBN 9781454874201