All in Regulatory Update

On September 2, 2026, FinCEN, together with the Federal Reserve, FDIC, NCUA, and OCC, issued a joint statement to clarify that confidentiality requirements related to Suspicious Activity Reports (SARs) do not preclude banks from communicating with their customers regarding potentially fraudulent transactions and other suspicious activity or account closures. The statement does not alter existing Bank Secrecy Act (BSA) legal or regulatory requirements or establish new supervisory expectations.

On September 1, 2026, the ABA Banking Journal reported that Republicans on the House Financial Services Committee had introduced legislation that could significantly change the CFPB’s funding structure, supervisory authority, and enforcement powers. The Consumer Financial Protection Accountability and Reform Act (H.R. 10184) follows a discussion draft previously circulated by the committee.

On August 27, 2026, the OCC and FDIC issued a final rule that continues their effort to focus examiners’ and institutions’ attention on material financial risks and compliance with banking and banking-related laws and regulations. The final rule establishes a uniform definition for the term “unsafe or unsound practice” for the purposes of the agencies’ enforcement actions and supervisory activities.

On August 17, 2026, FinCEN held an outreach event bringing together law enforcement and financial sectors to address health care benefits fraud, specifically focusing on the exploitation of hospice care services. Participants discussed new and emerging health care fraud schemes targeting federal and state health insurance programs, associated financial typologies and red flag indicators, and opportunities to boost awareness around hospice care fraud.