Posted by River City on September 30, 2005 at 06:26:28:
If the FBI wants information about your customers, they should properly subpoena you for that information. I especially would NOT give anyone information over the phone as you do not know the real identity of the person with whom you are speaking. You should not be sharing any personal information about your clients with anyone without the proper court documents.
CRE Criminals - Posted by Patrick S. Lawson
Posted by Patrick S. Lawson on September 29, 2005 at 15:43:32:
On two occasions now I have been contacted by CRE Online visitors who want me to help them fraudulently obtain a mortgage loan.
When I discover that someone is trying to manipulate the bank what should I do? Report to authorities or stay quiet.
In the most recent instance the IRS Fraud Division started asking me all kinds of questions about the borrower. As a Loan Officer am I breaking the law by giving government investigators information?
It seems that many people who are looking for “creative options” will also consider “criminal options”. With two contacts in such a short amount of time I expect more. I need to know how to handle these situations.
Re: CRE Criminals - Posted by John Merchant
Posted by John Merchant on September 30, 2005 at 10:26:40:
If a customer-to-be has given you private, confidential info, you probably should not be divulging or freely just handing it over to anybody, FBI, IRS, etc.
Just tell the agent that it’s your company policy and tell him a subpoena will be required. (Actually a subpoena duces tecum meaning “for documents and things” whereas a plain S is just for the person)
The agent is used to needing a S so he/she won’t be shocked or upset.
You don’t have the right to withhold ANY info in the face of a subpoena and only a practicing lawyer has any such privilege…and even that’s being whittled away by court decisions.