Savings and Loan Fraud Money Recovery Act of 1990

Summary

Savings and Loan Fraud Money Recovery Act of 1990 - Amends the Federal criminal code to provide for civil forfeiture of property traceable to: (1) fraudulent activities involving financial institutions; and (2) concealment of assets from the Federal conservator or receiver of an insured financial institution. Increases from 20 years to 40 years the maximum prison term for certain bank fraud and embezzlement convictions. Establishes as a Federal criminal offense the concealment of assets from a Federal conservator or receiver of an insured financial institution. Amends the Federal Deposit Insurance Act to grant the Federal Deposit Insurance Corporation (FDIC) (acting as receiver or conservator) subpoena powers. Restricts the exercise of such powers to the Board of Directors. Requires the Resolution Trust Corporation to obtain written approval of the FDIC Board before exercising any of its subpoena powers. Amends the Federal Home Loan Bank Act to direct the Resolution Trust Corporation to maintain a Fraud and Enforcement Review Division to: (1) advise it with respect to actions against institution-affiliated parties; and (2) report semiannually to certain congressional committees regarding the coordinated pursuit of claims. Amends the Federal Deposit Insurance Act to require the FDIC to maintain a Fraud and Enforcement Review Division to: (1) advise it with respect to actions against institution-affiliated parties of insured depository institutions for which it has been appointed conservator or receiver; and (2) report semiannually to certain congressional committees regarding the coordinated pursuit of Federal claims. Grants priority over all non-Federal claims to claims brought by the FDIC against an institution-affiliated party of an insured depository institution after the date of enactment of the Financial Crimes Prosecution and Recovery Act of 1990. Sets forth an expedited procedures schedule for appeals of FDIC orders. Amends Federal criminal law to provide for civil and criminal forfeiture of property that is traceable to certain fraudulent activities relating to the sale of assets by the Resolution Trust Corporation or the FDIC. Amends the Federal bankruptcy code to preclude from a discharge in bankruptcy: (1) a debtor's responsibility to maintain the capital of an insured depository institution; (2) court-ordered restitution in any criminal proceeding arising from any act that caused loss to a financial institution; and (3) any order issued by a court or Federal financial institutions regulatory agency arising from breach of fiduciary duty to a financial institution. Precludes rejection by the debtor of any commitment to a Federal regulatory agency to maintain the capital of an insured depository institution. Amends Federal criminal law to include within the scope of money laundering specified fraudulent activities relating to financial institutions. Amends the Federal Deposit Insurance Act to authorize the FDIC to prohibit an insured depository institution from making: (1) golden parachute or indemnification payments; and (2) certain payments (including salary or legal expenses) in anticipation of such institution's insolvency. Amends the Federal Deposit Insurance Act and the Federal Home Loan Bank Act to prohibit certain institution-affiliated parties from purchasing the assets of an institution in conservatorship or receivership if such institution-affiliated party caused a substantial loss to either the institution, the FDIC, or the Resolution Trust Corporation.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 30 July 1990

   Introduced

   Referred to the House Committee on Banking, Finance + Urban Affrs.

   Source: IntroReferral

2. 30 July 1990

   Introduced

   Introduced in House

   Source: IntroReferral

3. 30 July 1990

   Introduced

   Introduced in House

   Source: IntroReferral

4. 10 August 1990

   Referred

   Referred to the Subcommittee on Criminal Justice.

   Source: Committee

5. 15 August 1990

   Referred

   Referred to the Subcommittee on Financial Institutions Supervision, Regulation and Insurance.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Introduced in House · undated · Official file

Documents

2 official files

• Introduced in House (text)

  Introduced in House · EN

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 30 July 1990

  Open at official source

Sponsors

• Rep. Oakar, Mary Rose [D-OH-20] · D · Sponsor
• Rep. Clay, William (Bill) [D-MO-1] · D · Cosponsor
• Rep. Bates, Jim [D-CA-44] · D · Cosponsor
• Rep. Owens, Major R. [D-NY-12] · D · Cosponsor
• Rep. Dellums, Ronald V. [D-CA-8] · D · Cosponsor
• Rep. Boxer, Barbara [D-CA-6] · D · Cosponsor
• Rep. Swift, Al [D-WA-2] · D · Cosponsor
• Rep. Kanjorski, Paul E. [D-PA-11] · D · Cosponsor
• Rep. Collins, Cardiss [D-IL-7] · D · Cosponsor
• Rep. Unsoeld, Jolene [D-WA-3] · D · Cosponsor
• Rep. Dicks, Norman D. [D-WA-6] · D · Cosponsor
• Rep. McDermott, Jim [D-WA-7] · D · Cosponsor
• · hsba00 · Standing
• · hsju00 · Standing

Related records

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