2015 Vol. 99 No. 5

17 Hoosier Banker May 2015 1 The Financial Services Modernization Act of 1999, Pub. L. No. 106-102, 113 Stat. 1338. 2 What is Elder Abuse?, U.S. Department of Health and Human Services Admin. on Aging, www.aoa. acl.gov/AoA_Programs/Elder_Rights/EA_Prevention/whatIsEA.aspx (last visited April 10, 2015). 3 Ind. Code § 12-10-3-10(a) (2014) (Toll-free hotline 800-992-6978). 4 Id. § 12-10-3-2(a). 5 Id. § 12-10-3-6. This information is provided for general education purposes and is not intended to be legal advice. Please consult legal counsel for specific guidance as to how this information applies to your institution’s circumstances or situation. Similarly Title 35 provides that any person who believes or has reason to believe that an endangered adult is the victim of battery, neglect or other exploitation, and knowingly fails to report those facts, commits a Class B misdemeanor.8 Class B misdemeanors may be punished by imprisonment for up to 180 days and a fine of up to $1,000.9 The GLBA “establishes a general rule that a financial institution may not disclose any nonpublic personal information about a consumer to any nonaffiliated third party unless the financial institution first provides the consumer with a notice that describes the disclosure … and a reasonable opportunity to opt out of the disclosure, and the consumer does not opt out.”10 However the GLBA also contains exceptions for disclosures necessary “to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability.”11 The foregoing is a brief summary of your obligations to report suspected elder abuse and the protections from civil and criminal liability provided to you under law. If you have any question as to whether reporting is required in your circumstances, it is recommended to seek the advice of counsel. t aBout CoMplianCe ConneCtion In order to address compliance inquiries from members, IBA provides Compliance Connection, an assistance program offering advice on Indiana-specific compliance questions. If the matter requires legal advice, IBA Compliance Connection will refer the bank to a law firm. The material in this issue was prepared by Larry C. Tomlin, partner with Krieg DeVault LLP, Indianapolis, and IBA compliance consultant. Submit Compliance Connection questions to IBA’s Amber R. Van Til at avantil@indianabankers.org. 6 Id. § 12-10-3-11. 7 Id. § 12-10-11-3-11. 8 Id. § 35-46-1-13(a). 9 Id. § 35-50-3-3. 10 Board of Governors of the Federal Reserve System et al., Interagency Guidance on Privacy Laws and Reporting Financial Abuse of Older Adults 3 (2013), available at www.fdic.gov/news/news/ press/2013/Interagency-Guidance-on-PrivacyLaws-and-Reporting-Financial-Abuse-of-OlderAdults.pdf?source=govdelivery. 11 15 U.S.C. § 6802(e)(3)(B) (2014). Christina Daulton, employee benefits administrative assistant, Horizon Bank, NA, Michigan City, has been recognized as a semi-finalist in the 2015 Employee Stock Ownership Plan (ESOP) Association’s employee of the year competition at the association’s annual awards event. She joined the bank in 2000 as a customer service representative before working in the trust department. Daulton earned the award as a result of exceptional work and volunteerism, recently achieving the top local fundraiser for the Relay for Life. Old National Bancorp, Evansville, has been recognized as one of the 2015 World’s Most Ethical Companies by Ethisphere Institute. The bank earned the recognition based on its promotion of ethical business standards and practices, excellence at compliance minimums and its shaping of future industry standards by introducing best practices in the current environment. The recognition was given to 132 companies throughout 21 countries. Honorable MentIons Christina Daulton, Horizon Bank, NA, Michigan City, receives the 2015 ESOP Association’s employee of the year semifinalist award. Todd R. Yarbrough, investment program manager, MutualFinancial Investment Services and Mutual-Bank, Muncie, has been recognized as one of LPL Financial’s 2015 Program Managers of the Year at the LPL Financial Institution Services Program Leadership Conference. He was selected from more than 700 program managers. Yarbrough received the top platform program award. t

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