ISSUE 2 2024 PRESIDENT’S MESSAGE Fall, Football and Fraud Prevention OFFICIAL PUBLICATION OF THE NEBRASKA BANKERS ASSOCIATION
233 S. 13th St., Ste. 700 Lincoln, NE 68508 Phone: (402) 474-1555 • Fax: (402) 474-2946 www.nebankers.org NBA BOARD OF DIRECTORS RICHARD BAIER President and CEO richard.baier@nebankers.org KARA HEIDEMAN Director of Communications and Marketing kara.heideman@nebankers.org NBA EDITORIAL STAFF BRAD KOEHN NBA Chair Midwest Bank, Lincoln MARK LINVILLE NBA Chair-Elect First State Bank, Randolph LYDELL WOODBURY NBA Past Chair First Nebraska Bank, Valley KRISTY BARTAK Nebraska State Bank & Trust Co. Broken Bow NICK BAXTER FNBO Omaha CORY BERGT Wells Fargo Bank, N.A. Lincoln KRYSTI CUNNINGHAM Security National Bank of Omaha Omaha CURTIS HEAPY Western Nebraska Bank Curtis ZAC HOLOCH Cornerstone Bank York JEFF KANGER First State Bank Nebraska Lincoln ZAC KARPF Platte Valley Bank Scottsbluff JOHN KOTOUC American National Bank Omaha KRISTEN MARSHALL-MASER Five Points Bank Grand Island JEREMY McHUGH Corn Growers State Bank Murdock AARON OTTEN Elkhorn Valley Bank & Trust Norfolk KEVIN POSTIER Henderson State Bank Henderson JAY PRESTIPINO First Interstate Bank Omaha LUKE RICKERTSEN Flatwater Bank Gothenburg BRIAN SCHWEIGER U.S. Bank, N.A. Lincoln RYNE SEAMAN Cattle Bank & Trust Seward TRAVIS SEARS Union Bank & Trust Co. Lincoln RYAN STEFFENSMEIER First Community Bank Beemer KELLY TRAMBLY South Central State Bank Campbell NICK VRBA RVR Bank Fremont ANDREW WITT Dundee Bank Omaha 4 NEBRASKA BANKER
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EDITORIAL: Nebraska Banker seeks to provide news and information relevant to Nebraska and other news and information of direct interest to members of the Nebraska Bankers Association. Statement of fact and opinion are made on the responsibility of the authors alone and do not represent the opinion or endorsement of the NBA. Articles may be reproduced with written permission only. ADVERTISEMENTS: The publication of advertisements does not necessarily represent endorsement of those products or services by the NBA. The editor reserves the right to refuse any advertisement. SUBSCRIPTION: Subscription to the magazine, which began bimonthly publication in May 2006, is included in membership fees to the NBA. ©2024 NBA | The newsLINK Group LLC. All rights reserved. Nebraska Banker is published six times each year by The newsLINK Group LLC for the NBA and is the official publication for this association. The information contained in this publication is intended to provide general information for review, consideration and education. The contents do not constitute legal advice and should not be relied on as such. If you need legal advice or assistance, it is strongly recommended that you contact an attorney as to your circumstances. The statements and opinions expressed in this publication are those of the individual authors and do not necessarily represent the views of the NBA, its board of directors or the publisher. Likewise, the appearance of advertisements within this publication does not constitute an endorsement or recommendation of any product or service advertised. Nebraska Banker is a collective work, and as such, some articles are submitted by authors who are independent of the NBA. While Nebraska Banker encourages a first-print policy, in cases where this is not possible, every effort has been made to comply with any known reprint guidelines or restrictions. Content may not be reproduced or reprinted without prior written permission. For further information, please contact the publisher at (855) 747-4003. 8 PRESIDENT’S MESSAGE FALL, FOOTBALL AND FRAUD PREVENTION Richard J. Baier, President and CEO Nebraska Bankers Association 12 WASHINGTON UPDATE DEFEND THE DUAL BANKING SYSTEM Rob Nichols, President and CEO American Bankers Association 15 LOOKING AT THE BIG PICTURE Fair Lending Concerns on Valuations Jessica D. Lamoreux, Associate General Counsel, Compliance Alliance 18 COUNSELOR’S CORNER UNDERSTANDING THE PROPOSED OFAC 10‑YEAR RECORD‑KEEPING REQUIREMENT FOR BANKS Robert L. Kardell, Attorney, Baird Holm LLP 22 TECH TALK BEYOND TRANSACTIONS A Personal Perspective on Community Banking from a Cyber Expert Shane Daniel, CPA, CISA, CIA, Cybersecurity Consultant, SBS CyberSecurity 26 WORDS OF WISDOM Investing for the Next Rate Cycle Dale Sheller, Associate Partner and Director of Financial Strategies Group, The Baker Group 31 2024-2025 EDUCATION CALENDAR CONTENTS 15 26 6 NEBRASKA BANKER
WHY ? Tim Burns with customer Jami Schmidt Bank Stock Loans — Acquisition, Capital Injection, and Shareholder Buy Back/Treasury Stock Purchase Officer/Director/Shareholder Loans ( Reg-O) Participation Loans Purchased/Sold — Commercial, Commercial Real Estate, Agricultural, and Special Purpose Loans Leases Midwest Image Exchange – MIE.net™ Electronic Check Clearing Products Information Reporting – CONTROL Electronic Funds Cash Management and Settlement Federal Funds and EBA Certificates of Deposit International Services/Foreign Exchange Safekeeping FedNow Service Directors’ Exams Loan Review Compliance Audits IT Audits Lending Services Operational Services Audit Services mibanc.com MEMBER FDIC Contact Tim Burns 402-480-0075 The customer service that MIB provides to our community bank is exceptional. Tim Burns, our relationship manager, listens to our needs and helps our bank meet our goals. Their website protal we use for reports is very user-friendly and easy to navigate. We appreciate the relationship we have with MIB today! Jami Schmidt/CFO Henderson State Bank Henderson, NE
PRESIDENT’S MESSAGE Fall, Football and Fraud Prevention Richard J. Baier, President and CEO Nebraska Bankers Association I always look forward to fall in Nebraska. Some people, like my wife, love fall because of cooler temperatures and changing leaves. Many of us love fall because of the return of football season. I’ve loved football since I was a young boy. It provides more than just entertainment; it can also be a welcome distraction from life’s daily challenges. 8 NEBRASKA BANKER
One challenge that has increased significantly for our member banks is the tidal wave of consumer and customer fraud. Since joining the NBA over 10 years ago, I’ve noticed that fraud has consistently been a top concern for our members. I suspect we receive more member calls and outreach related to fraud than any other topic. As our industry continues to evolve, driven by innovation and technology, it’s clear that our staff and strategies also need to evolve. To address this growing concern, I’ve compiled a list of fundamental “blocking and tackling” techniques for fraud prevention. While these ideas may not be new, they are crucial elements of a winning game plan: 1. Train and reinforce with all staff the importance of Nebraska’s bank transaction hold law. This law allows banks to stop or delay suspected fraudulent transactions against seniors and vulnerable adults for up to 30 days. Banks that actively implement transaction holds suggest they have less fraud than banks that do not. 2. Use marketing and social media to educate customers about fraud. Consider participating in the American Bankers Association’s #BanksNeverAskThat anti-phishing campaign. The ABA also recently launched a companion campaign, #PracticeSafeChecks, to raise awareness about check fraud. These campaigns include free brandable social media posts and videos. Both campaigns are open to all banks, regardless of ABA membership. 3. Develop promotions like hanging fraud prevention posters in your bank, creating a cute video (include kids and puppies if possible), hosting a free lunch for customers, presenting to local schools or organizations, or partnering with local enforcement on media outreach. 4. Make sure your bank is signed up for the ABA’s recently launched Fraud Contact Directory. This online tool helps banks find the appropriate contact for claim resolutions, including warranty breach claims for checks, unauthorized or fraudulent transfers for wires, ACH, real-time payments and FedNow. As our industry continues to evolve, driven by innovation and technology, it’s clear that our staff and strategies also need to evolve. 9 NEBRASKA BANKER
5. Regularly engage with your staff and IT partners to implement software patches, vulnerability tests and phishing simulations. 6. Confirm that pens distributed by your bank to customers are gel pens that are more resistant to check washing. 7. Encourage business customers to participate in positive pay. Several Nebraska banks now charge a fee to customers who do not use positive pay. 8. Remind customers of ways to take action to protect their mail, including using indoor drop-off locations, signing up for informed delivery at USPS.com and not leaving mail in their mailbox overnight. 9. Consider joining the more than 50 Nebraska banks that are members of ECCHO, a division of The Clearing House, which offers a method for addressing losses associated with forged or counterfeit checks. 10. Collaborate with nearby banks and local law enforcement to share information. By working together, you can enhance your collective knowledge and resources, making it easier to identify trends and develop effective prevention strategies. Your NBA is working with Gov. Jim Pillen and Attorney General Mike Hilgers to raise awareness about fraud prevention. The NBA legal team is also leading efforts with bank leaders, the Attorney General’s Office and law enforcement to review and modernize state statutes related to fraud and prosecution. Let’s make tackling fraud prevention a team effort. Learn more about these fraud prevention techniques at nebankers.org/tackle-fraud-prevention or by scanning the QR code. 10 NEBRASKA BANKER
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WASHINGTON UPDATE Defend the Dual Banking System Rob Nichols, President and CEO American Bankers Association Since the time of President Lincoln, American consumers have benefited from a dual banking system, made up of both state-chartered institutions and federally chartered national banks. This system — which can trace its roots back to the U.S. Constitution — allows consumers to have more choices. It offers them a robust marketplace of banks of different sizes and business models to meet their needs. And it enables the nation’s more than 750 national banks to operate safely, soundly and efficiently across multiple jurisdictions under the supervision of the OCC, while at the same time allowing state banks to serve their communities with local supervision. But this system, which has served our country well for more than 150 years, is now coming under threat, as lawmakers in both red states and blue states have begun to pass laws that will interfere with national bank operations, violate federal preemption and tread squarely on the OCC’s turf. Just look at the situation currently unfolding in Illinois, with the Interchange Fee Prohibition Act that was signed into law this summer as part of the state’s budget legislation. This misguided law bans banks, credit unions, payments networks and other entities from charging or receiving interchange fees in Illinois on taxes and tips charged as part of a credit or debit card transaction. This law — which will create unprecedented chaos and confusion for consumers and businesses if allowed to take effect — violates multiple federal statutes, including the National Bank Act and the Federal Credit Union Act, and cannot be enforced against national banks, federal savings institutions or state-chartered banks, as well as federally and state-chartered credit unions. It also runs afoul of the Electronic Fund Transfer Act, which directly addresses the permissible amount of interchange fees for debit card transactions and does not carve out taxes and gratuities. 12 NEBRASKA BANKER
We’ve been encouraged by comments from Acting Comptroller Michael Hsu, noting that his agency will continue to defend the dual banking system. The acting comptroller pointed out in recent remarks that “increasingly, banks are being asked by states to pick a side in service of performative politics rather than deliberative policy.” This simply shouldn’t be the case, and we will continue to urge the OCC to exercise its authority when states cross the line. Our dual banking system has served Americans well for decades. ABA will continue to push back against efforts to undermine that system, and we’ll keep pressure on regulators to do the same. Email Rob at nichols@aba.com. Our dual banking system has served Americans well for decades. ABA will continue to push back against efforts to undermine that system, and we’ll keep pressure on regulators to do the same. This law, a gift to corporate mega-retailers as part of a last-minute budget deal, is the first of its kind to pass in the nation. We can’t let it stand and run the risk of other states following, which is why ABA is fighting back. Together, with the Illinois Bankers Association, America’s Credit Unions and the Illinois Credit Union League, we filed a lawsuit challenging the law, and we are seeking a preliminary injunction pausing implementation until the court can rule on the merits of our case. With top outside lawyers assisting us, we have confidence we will prevail in this case, sending a strong message to other states looking to follow Illinois’ lead. We’ve seen a different kind of challenge to the dual banking system in other states. Florida and Tennessee have put in place their own safety and soundness tests, encroaching on the OCC’s federal oversight of national banks. Like ABA, the OCC has taken notice. LINCOLN BRUNING endacotttimmer.com 402-817-1000 Legal advice. Community banking experience. 13 NEBRASKA BANKER
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Looking at the Big Picture Fair Lending Concerns on Valuations Jessica D. Lamoreux, Associate General Counsel Compliance Alliance Recent actions by regulators indicate a growing concern about fair lending risk, specifically as it pertains to appraisals and valuations used to make credit decisions. Based on the increased interest in this area, banks may want to ensure that their management of fair lending risk includes a detailed look at their valuation process. The focus on this issue kicked off with the creation of the Interagency Task Force on Property Appraisal and Valuation Equity (PAVE) in 2021, but federal agencies are also taking independent actions. For example, in March 2023, the Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) filed a Statement of Interest in a case alleging that the appraised value of a black consumer’s home increased by nearly $300,000 after the owners “whitewashed” their home by removing photos of themselves from the home and being absent during the second appraisal. More recently, in July 2024, the U.S. Department of Housing and Urban Development (HUD) announced a lawsuit against an appraiser and a lender, alleging racial bias in the appraisal of another black consumer’s home. In that case, HUD alleges that the appraiser used comparable sales from a nearby majority-minority area rather than those from the predominantly white neighborhood where the property was located. The lender and the appraiser did not revise the appraisal when the consumer challenged the valuation. In July 2023, the agencies proposed guidance on Reconsiderations of Value (ROV) that was finalized in 15 NEBRASKA BANKER
July 2024. This broad guidance will apply to all situations where there may be concerns about the accuracy of an appraisal or valuation, but it specifically emphasizes fair lending concerns. “Prohibited discrimination” is the first item listed in the guidance as a possible cause of deficiencies in valuations. The guidance states that appraisal bias, if not remedied, would be considered a violation of the Equal Credit Opportunity Act (ECOA) and Regulation B. The ROV Guidance also reiterates, as the agencies have asserted in other contexts, that financial institutions are responsible for monitoring the compliance of third parties, including appraisers. The agencies also recently published a final rule on the use of automated valuation models (AVMs) in credit decisions, explicitly requiring that banks ensure that the AVMs they use “comply with applicable nondiscrimination laws.” While the AVM guidance expresses regulator concern about automation and artificial intelligence — another recent focus — it also is targeted at the issue of discrimination in valuations and builds on both the ROV guidance and the lawsuits in which federal agencies are participating. Taken together, these regulator actions demonstrate that bank reviews of appraisals and valuations should be calibrated to detect discriminatory bias, and the lawsuits suggest a few items that may be worth extra scrutiny. One of these is the selection of comparable properties or “comps,” as they are often called by appraisers and lenders. Lawsuits have alleged that the comps selected for an appraisal have reflected the race or ethnicity of the homeowner more than the specifics of the property itself. For banks, the takeaway is that when the selected comps are not the recently sold properties closest to the appraised property, the bank should examine the reason that more distant properties were used. 16 NEBRASKA BANKER
WALENTINE O’TOOLE, LLP When time is of the essence, experience counts. Walentine O’Toole blends confidence, experience and knowledge with the personal attention you can expect from a regional law firm. www.walentineotoole.com 402.330.6300 11240 Davenport St. • Omaha, NE 68154-0125 The general trajectory of property values in the area may also be worth a careful look. If area property values have generally increased since the subject property was last sold or appraised, a valuation that shows a smaller increase or a decrease in value as compared to the last sale or valuation may raise eyebrows. In the lawsuits alleging valuation discrimination, plaintiffs consistently argue that a valuation showing a change in value that is not in line with the general trend for area property is an indicator that the valuation is unfairly biased. When reviewing an appraisal, it may be useful for banks to look at the last appraisal or sale of the property and the general trend for area property values since that time, ensuring that there is a reasonable basis for any divergence from that trend. The reconsideration of the value process provides an additional opportunity for the bank to mitigate risk. In the immediate transaction, there is both fair lending and safety and soundness risk to the bank if it does not fully review the valuation and ensure that the value assigned to the property is accurate. Based on the conglomeration of guidance and lawsuits on this topic, however, resolving any issues with the valuation is only the first step. Because of the bank’s obligation to oversee third-party service providers and ensure that they also comply with fair lending rules and other requirements, a well-constructed ROV process should feed into the bank’s vendor management program. When an appraisal or valuation is determined to be inaccurate or unreliable, that information should be sent to those responsible for vendor management to ensure that the bank does not continue to use appraisers who are not consistently providing quality appraisals. Reviewers of vendors that provide valuations should monitor those vendors for quality, including any indicators of discriminatory bias. Finally, even where a challenged or disputed valuation is found to have been reliable and valid, the bank’s adherence to the ROV process, including a thorough (and thoroughly documented) objective review of valuations, as well as careful consideration of any issues raised about the valuation, demonstrate to regulators (and, in the event of litigation, to courts) that the bank is committed to ensuring accurate valuations. 17 NEBRASKA BANKER
COUNSELOR’S CORNER Understanding the Proposed OFAC 10‑Year Record‑Keeping Requirement for Banks Robert L. Kardell, Attorney Baird Holm LLP The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) tracks, monitors and enforces economic and trade sanctions. To comply with an extension to the statute of limitations recently signed into law, OFAC recently proposed a significant update to its regulatory framework, introducing a requirement for banks and other financial institutions to maintain records for up to 10 years.1 For bankers, this rule will require changes to existing compliance efforts, changes to preservation policies and may require investing in additional record-keeping systems to stay ahead of evolving regulatory demands. The Role of OFAC OFAC is responsible for administering and enforcing U.S. sanctions programs against countries, entities and individuals that pose a threat to national security, foreign policy or the economy. Sanctions often involve preventing transfers of money or property to or from countries such as Iran, Russia, Syria or North Korea. Sanctions programs are an essential tool in combating terrorism, narcotics trafficking, human rights violations and other illicit activities. Banks, as key players in the global financial system, are on the front lines of sanctions compliance. Sanctions programs are often complex, and banks must ensure they do not engage in prohibited transactions with sanctioned entities or individuals. Non-compliance can result in significant fines, legal ramifications and reputational damage. For years, banks have been required to maintain complete and accurate records of transactions and implement robust sanctions screening programs. However, the new proposed regulation is set to raise the bar by increasing the record-keeping requirements. The New 10-Year Record-Keeping Proposal Under the current regulatory framework, OFAC requires financial institutions to retain records for five (5) years2 from the date of a transaction. The proposed rule, however, extends this period to 10 years, doubling the existing requirement. While this may seem like a straightforward extension, the implications 18 NEBRASKA BANKER
MORE FACE TIME. LESS WAIT TIME. Visit NebraskaBlue.com/Telehealth to learn more. Health benefits that give you access to virtual visits with doctors and specialists, even if you’re out of state. So you can get the care you need — wherever you are, whenever you need it. An independent licensee of the Blue Cross and Blue Shield Association. for banks, particularly those with global operations and complex transaction volumes, are far-reaching. Why the Change? OFAC’s decision to propose this 10-year requirement is due to a change in the statute of limitations for the civil and criminal violations under the International Emergency Economic Powers Act3 (IEEPA), which was signed into law on April 24, 2024, by President Biden. The act, titled the 21st Century Peace through Strength Act, extended from five (5) years to 10 years the statute of limitations. The act applies to any “violation that was not time-barred at the time of its enactment.”4 The change in the statute of limitations is largely motivated by the increasing complexity and longevity of sanctions investigations. As the financial landscape grows more intricate, tracking cross-border transactions and identifying potential sanctions violations often takes longer than in the past. In many cases, the evidence needed to establish non-compliance may not surface until several years after the fact, prompting the need for a longer retention period. A longer record-keeping period ensures that OFAC and other regulatory bodies have access to historical transaction data, which can be critical in uncovering long-term or sophisticated sanctions evasion schemes. Impact on Banks: Compliance, Costs and Operational Challenges For banks, the extension of the record-keeping requirement presents both challenges and opportunities in terms of operational changes, technology investments and risk management: 1. Increased Compliance Burden The 10-year record-keeping requirement will add to the existing compliance workload for banks. Compliance officers will need to ensure that data storage systems are capable of securely retaining transaction records for a full decade. This includes not just basic transaction data but also customer due diligence records, sanctions screening logs and any other documentation related to sanctions compliance. Additionally, the extended timeframe could result in more requests from regulators and more audits and/or reviews of historical transfer records to ensure ongoing compliance with OFAC regulations. 2. Data Management and Technology Upgrades The proposed rule may very well require significant upgrades to a bank’s data management policies and potentially their infrastructure. Current systems are designed to store and manage records for five (5) years to seven (7) years and may not be equipped to handle this requirement. The sheer volume of data that must be stored securely for an additional five (5) years may strain existing systems, requiring new investments in cloud storage solutions, data encryption technologies and cybersecurity measures. 3. Cost Considerations The costs associated with extending the record-keeping period will likely vary depending on the size and complexity of the bank, but the potential for increased costs may stem from: • Expenses related to data storage, technology upgrades, and increased compliance efforts could be substantial. • In addition to the direct costs of upgrading technology and hiring additional compliance staff, banks must also consider the potential cost of non-compliance. 4. Risk Management and Legal Considerations The increase in the statute of limitations will expose banks to additional risks of investigations and audits, and potentially civil and criminal penalties. Banks will most likely need to consider whether transfers to risky 19 NEBRASKA BANKER
areas of the world are worth the expense of a potential investigation and fines. Strategic Considerations for Bankers As banks prepare for the potential implementation of the new record-keeping rule, there are several strategic considerations that bankers should keep in mind: 1. Proactive Planning Banks should begin reviewing their current data retention policies and systems to assess their ability to comply with the proposed rule. Engaging with legal advisors, technology vendors and compliance consultants early in the process can help banks identify potential gaps and develop a framework for compliance. 2. Investment in Technology Investing in advanced data management and compliance technologies will be critical to meeting the new requirements efficiently. Complying with the rule will require a data mapping exercise to identify any systems that may have transactional records subject to the retention requirement and ensure such systems are being maintained and backed up. A 10-year retention rule is outside of the normal lifespan for computers or operating systems, which is typically three (3) years to five (5) years for laptops and desktops. Thus, banks should consider preservation options that are readily transferable between 1. https://www.federalregister.gov/d/2024-20674 2. https://www.ecfr.gov/current/title-31/section-501.601 3. 50 U.S.C. 4301 et seq., https://www.govinfo.gov/content/pkg/USCODE-2023-title50/pdf/USCODE-2023-title50-chap53-sec4301.pdf 4. https://www.govinfo.gov/content/pkg/FR-2024-09-13/pdf/2024-20674.pdf, pg. 2 5. See: https://www.justice.gov/opa/pr/bnp-paribas-agrees-plead-guilty-and-pay-89-billion-illegally-processing-financial; https://www.justice.gov/opa/pr/standardchartered-bank-admits-illegally-processing-transactions-violation-iranian-sanctions; https://ofac.treasury.gov/system/files/2023-11/20231121_binance.pdf; and, https://www.justice.gov/opa/pr/bnp-paribas-agrees-plead-guilty-and-pay-89-billion-illegally-processing-financial. operating systems and hardware, such as an agnostic cloud-based data bucket. 3. Collaboration Across Departments Compliance is not the sole responsibility of the compliance department. Banks should foster collaboration between compliance, IT, legal and operational teams to ensure that all aspects of the record-keeping rule are addressed. 4. Employee Training As regulations evolve, so too must employee training programs. Banks should invest in continuous education for their staff, ensuring that they are aware of the latest sanctions lists, OFAC requirements and best practices for identifying and reporting suspicious transactions. Conclusion: A Compliance Extension The proposed 10-year record-keeping requirement from OFAC marks a significant change in regulations for banks. The rule presents increased compliance burdens, data management challenges, complexities and costs. Fines for OFAC violations can reach millions (and sometimes billions5) of dollars, and the reputational damage associated with sanctions breaches can have extensive effects. As such, while the upfront costs of complying with the 10-year rule may be significant, they are likely to be outweighed by the potential costs of failing to adhere to OFAC’s record-keeping requirements. By taking proactive steps to prepare for the new requirement, banks can position themselves not only to comply with the regulation but also to lead the industry in best practices for sanctions compliance and data security. Compliance will be key to maintaining trust with regulators, customers and the broader financial community. Robert L. Kardell (Bob) is an attorney whose practice focuses on cyber-breach incident response, legal and technology-based risk management solutions, technology and cyber-defense policy and protections, intrusion remediation, and fraud prevention and investigation. Bob has more than 22 years of experience working for the Federal Bureau of Investigation as a special agent and supervisory special agent, as well as a program coordinator for Public Corruption, Complex Financial Crime, Healthcare Fraud and Domestic Terrorism. The change in the statute of limitations is largely motivated by the increasing complexity and longevity of sanctions investigations. 20 NEBRASKA BANKER
800.228.2581 MHM.INC Now more than ever people want self-service options. With our core integrated ITMs we can make this a reality both in the lobby and in the drive-up of your branch. SELF-SERVICE BANKING 21 NEBRASKA BANKER
TECH TALK Beyond Transactions A Personal Perspective on Community Banking from a Cyber Expert Shane Daniel, CPA, CISA, CIA, Cybersecurity Consultant SBS CyberSecurity Growing up in a small town with four locally owned banks occupying the town square, you could always count on the bankers to lead and support local fundraisers, sports teams and community events. These local banks were more than just businesses; they were the roots of our small community, providing guidance and support to the first-time home buyer as well as the little leaguer who struck out. Bankers were community heroes whose actions reverberated through our community. After college, I joined a local bank and quickly learned that one of the most critical decisions was choosing the color of our baseball caps for the year. Should we go with camo or safety orange? The bank president took great pride in seeing the community wear our caps, a symbol of our connection and support. Over the years, bank names have changed, cap preferences have evolved beyond hunting or farming themes, and banking has evolved to include online transactions and cyber threats/fraud. Still, the community connection to the local bank remains. My 95-year-old mother recently called me with a touching story. Her banker had contacted her about a $40 check she had written. Noticing that she doesn’t write many checks, they wanted to ensure it was authorized. This simple act of care and vigilance reminded me of the deep-rooted connection and trust that local banks have fostered. She was thrilled that the banker had called, and she reminded me that there were a lot of scammers out there and that the people at the bank were looking out for her. My mother has never fully understood my role as a cybersecurity consultant at SBS CyberSecurity; she knows it has something to do with banking and computers, and I leave it at that. At SBS, we’re all about empowering you to make informed decisions regarding cybersecurity. So, I felt the hand of karma when she replayed her conversation with me. To the unknown cybersecurity superhero who contacted my mother, thank you for taking the time and resources to verify her $40 check. Most frauds start with a small amount to test the system, and your bank has trained you well. 22 NEBRASKA BANKER
For bankers who may not be as well-versed as our hero or would like additional information on elder financial abuse, we hope the following statistics underscore the critical need for vigilance and protective measures to safeguard older adults from financial exploitation: • Approximately 5.2% of seniors experience financial fraud or exploitation each year. • Older adults lose more than $36.5 billion annually to financial fraud. The average loss per incident is around $35,101. • Between June 2023 and January 2024, there were about 15,993 reports of elder financial exploitation per month. • Seniors with disabilities are nearly twice as likely to experience financial abuse. Additionally, nonwhite seniors are 200% more likely to be victims compared to white seniors. Today, bankers often find themselves becoming cybersecurity superheroes, providing cyber education to their customers via their website, social media and often over the phone for individuals who are victims of identity theft or email compromise. As trusted cybersecurity experts, bankers play a crucial role in preventing elder financial abuse by implementing effective strategies such as: • Training employees to recognize signs of financial abuse, such as unusual withdrawals, sudden changes in account activity or new authorized signers. • Encouraging customers to designate a trusted contact person who can be notified if suspicious activity is detected. • Working closely with local Adult Protective Services (APS) and law enforcement to report suspected abuse and expedite investigations. • Offering educational programs. Well-trained bankers are positioned to prevent and respond to elder financial abuse. They play a key role because they know 23 NEBRASKA BANKER
their customers, often have face-to-face interactions with older customers who make transactions and have the technology to detect when an elder account holder has been targeted or victimized. Proactive action steps to prepare for elder financial exploitation include, but are not limited to: • Tips on immediate steps for frontline staff, such as scripted questions to ask customers, calling 911 if the account holder appears to be in immediate danger and instructions for effectively documenting details. • Internal response sequences for alerting appropriate staff throughout the organizational hierarchy. • Action steps for reporting to law enforcement. Train cybersecurity superheroes on how to prevent potential elder abuse depending on the situation encountered by asking the customer to explain or verify the transaction, for example: Suspicious Transaction Proactive Action Question Large Cash Withdrawal This is an unusually large withdrawal. Are you sure you want cash? Wire Transfers Have you taken steps to be sure the recipient is trustworthy? Large Online Transactions I’m calling to confirm your recent online banking activity because the transfer is large. Third-Party Accompanies the Account Holder Can we talk privately for a moment? 24 NEBRASKA BANKER
On a compliance note, bankers are mandated reporters of suspected elder financial exploitation under many states’ laws and Federal BSA laws. In fact, FinCEN identified SARs as valuable avenues for financial institutions to report elder financial exploitation. Bankers wishing to assist their customers further may find the following resources helpful: • Call the Elder Fraud Hotline at (833) 372-8311, or visit the website by scanning the QR code. https://www.justice.gov/elderjustice/financial-exploitation • Consumer Financial Protection Bureau (CFPB): Offers a guide for reporting elder financial abuse and other resources for older adults. Check out their guide by scanning the QR code. https://www.consumerfinance.gov/consumer-tools/educator-tools/ resources-for-older-adults/reporting-elder-financial-abuse-guide/ • Eldercare Locator: A service from the U.S. Administration on Aging that helps connect older adults to local services, including Adult Protective Services. You can reach them by calling (800) 677-1116 or scanning the QR code. https://eldercare.acl.gov/Public/Index.aspx • Investopedia: This website provides information on financial elder abuse, its meaning, signs and prevention. For more details, scan the QR code. https://www.investopedia.com/terms/f/financial-elder-abuse.asp • AARP: Offers resources and information on protecting older adults from financial exploitation. Visit www.aarp.org for more details. Community bankers should be prepared to accept the superhero cape as an analysis of the Census Bureau’s National Population Projections estimates that the population aged 65 and over is expected to reach nearly 75 million, or one-fifth of the total population, by 2030. In the coming decade, there are projections that the number of rural older adults will continue to increase as baby boomers migrate from the big city to rural communities and small towns across America. We recommend reviewing the U.S. Department of Justice’s Elder Abuse Statistics for more insights. At SBS, we have a team of over 80 exceptional experts dedicated to delivering industry-leading, quality education that instills confidence and empowers you to take cybersecurity into your own hands. Our consistent training programs for your employees, board of directors and even your customers help establish trust that your organization takes cybersecurity seriously. Now, for the most important decision of your banking career: Do you prefer a camo cape or the safety orange cape? Today, bankers often find themselves becoming cybersecurity superheroes, providing cyber education to their customers via their website, social media and often over the phone for individuals who are victims of identity theft or email compromise. 25 NEBRASKA BANKER
Words of Wisdom Investing for the Next Rate Cycle Dale Sheller, Associate Partner and Director of Financial Strategies Group The Baker Group The last several years have been nothing but an ever-changing, dynamic environment for financial institutions to operate in. First, the pandemic induced the recession of 2020, followed by historic low interest rates across the entire yield curve. Second, the historically low interest environment quickly turned into the most aggressive tightening cycle from the Fed since the 1980s. Liquidity levels and interest rates have swung in many directions over the course of the last few years. As senior management and investment portfolio managers look back over the decisions (or indecision) they made regarding the investment portfolio, many wish they would have done a handful of things differently. Typically, most portfolio mistakes are made at or near the trough or peak during any given rate cycle. The following are words of wisdom for investing during the next cycle of falling rates: 1. A community financial institution’s bond portfolio is not a hedge fund. I’ll go ahead and use a baseball reference: We aren’t always trying to hit home runs with our bond purchases; rather, we are typically looking for singles and doubles. The portfolio doesn’t live in isolation as it is part of a broader balance sheet with loans and deposits. Excess return or earnings are always a goal of the investment portfolio but may not always be the primary objective. The portfolio must also satisfy the institution’s liquidity, interest rate risk and safety of principal, and pledging needs. The portfolio isn’t a vehicle for speculating and making large bets on the direction of interest rates. 2. There is no free lunch in the bond markets. When investing in bonds, you’re always making trade-offs between risk and reward. Yield and risk move hand in hand. Typically, if you are comparing two different bonds that 26 NEBRASKA BANKER
Yield and risk move hand in hand. look similar in risk, but one has a lower price and, therefore, higher yield, there is some difference in the amount of liquidity, credit or interest rate risk. Sometimes the difference in risk is clear, and sometimes, it can be hiding a little bit. 3. Interest rate risk is a two-sided coin. I teach several banking schools where I like to ask this trick question: Which has more interest rate risk, a three-month Treasury bill or a 10-year Treasury bond? Most of the students tend to pick the 10-year Treasury bond because it has a longer maturity and, therefore, longer duration than a three-month Treasury bill. They both have interest rate risk but different types. The reinvestment risk of a three-month Treasury bill is higher than a 10-year Treasury bond due to its maturing every three months with the investor subject to market rate movements over that three-month period. The 10-year has more long-term interest rate risk or price risk. If the 10-year Treasury bond is held for the entire 10-year period, the yield will not change. However, the unrealized gain or loss (value) will fluctuate based on the movement of market rates. Understanding this dynamic in fixed-income investing is important, especially in times when the inverted yield curve is tricking you into keeping a lot of your dollars in the shorter part of the curve. Late-cycle investing typically involves moving towards protecting the yield or income of the portfolio versus the value of the portfolio. 4. There are good ways and bad ways to extend duration. Traditional late-cycle fixed-income investment strategies typically involve some level of extension of duration to ensure the “locking” in of yield over a longer period. 27 NEBRASKA BANKER
The bonds that provide less call or prepayment protection are typically going to yield more than those that provide adequate call or prepayment protection. Extending duration needs to be done in a prudent manner with bonds that have some level of call or prepayment protection. Sacrificing structure for extra yield is not a strategy that typically ends well. The bonds that provide less call or prepayment protection are typically going to yield more than those that provide adequate call or prepayment protection. As portfolio managers look to extend duration to protect future yields, they must do so in a prudent manner. 5. Waiting for where rates used to be can cost you. Trying to buy bonds at or near the peak in the rate cycle is a challenging and usually impossible task. However, a better approach is to participate in the market as liquidity allows by deploying excess liquidity through a well-thought-out investment strategy. The investor should think about “time in the market” and not “timing the market.” It’s easy to think you missed the peak in rates and not take any action. Market interest rates, like the treasury markets, tend to lead the Fed Funds Rate both up and down. As we head towards an upcoming easing cycle from the Fed, we should be ever mindful that we do not have the crystal ball when it comes to predicting interest rates. Instead, we should stick to our written investment strategy of building a portfolio of bonds with stable and predictable cash flows to complement our entire balance sheet. Utilize the words of wisdom in this article to ensure we can build a higher-performing portfolio at the start of this next rate cycle. Dale Sheller is an associate partner and the director of Financial Strategies Group at The Baker Group. He joined the firm in 2015 after spending six years as a bank examiner with the Federal Deposit Insurance Corporation. Sheller holds a bachelor’s degree in finance and a master’s degree in business administration from Oklahoma State University. He works with clients on investment portfolio strategies, interest rate risk management, liquidity risk management and regulatory issues. Sheller regularly speaks at educational seminars nationwide and serves as a faculty member for multiple banking schools. Contact him at (800) 937-2257 or dsheller@gobaker.com. 28 NEBRASKA BANKER
CONGRATULATIONS 2024 GRADUATES FROM NEBRASKA We congratulate you on completing the rigorous 25-month program and joining the more than 23,000 alumni who have gone on to leadership positions in their organizations, associations and the financial services industry. Best wishes for continued success! Educating Professionals, Creating Leaders Sponsored by: Kelly Grefe Northwest Bank Omaha Ryan Groteluschen Flatwater Bank Gothenburg GSB.ORG GSB_GradAd_Nebraska_0924.indd 1 9/3/24 9:27 PM 29 NEBRASKA BANKER
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2024-2025 EDUCATION CALENDAR DECEMBER Section 1071 Rules Seminar December 3 Virtual Train the Bank Trainer Conference December 3-4 Lincoln, NE Ag & Beyond Workshop December 10 Kearney, NE Ag & Beyond Workshop December 11 Norfolk, NE JANUARY Women Bank President/CEO Retreat January 27-29 Fort Myers, FL State Government Relations Forum January 30 Lincoln, NE FEBRUARY Operations Conference February 4-5 Lincoln, NE Mid-Winter IRA Essentials Workshop February 10-11 Virtual CFO/Controllers Forum February 12 Lincoln, NE Mid-Winter Advanced IRA Workshop February 12-13 Virtual CEO Executive Forum February 13 Lincoln, NE Bank Executives and Directors Conference February 19-23 La Jolla, CA Business Financial Statements & Tax Returns Analysis Workshop February 25-26 Virtual For more information about these live and online education events and training tools, contact the NBA Education Center at (402) 474-1555 or nbaeducation@nebankers.org. You may also visit the NBA website at nebankers.org/education. 31 NEBRASKA BANKER
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