[House Hearing, 119 Congress]
[From the U.S. Government Publishing Office]


                   FIGHTING FRAUD ON THE FRONT LINES:
                      CHALLENGES AND OPPORTUNITIES
                       FOR FINANCIAL INSTITUTIONS
=======================================================================

                                HEARING

                               BEFORE THE

                 SUBCOMMITTEE ON FINANCIAL INSTITUTIONS

                                 OF THE

                    COMMITTEE ON FINANCIAL SERVICES
                     U.S. HOUSE OF REPRESENTATIVES

                    ONE HUNDRED NINETEENTH CONGRESS

                             SECOND SESSION

                               __________

                             MARCH 5, 2026

                               __________

                           Serial No. 119-60

       Printed for the use of the Committee on Financial Services
       
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]       

                            www.govinfo.gov
                               __________
                               
                    U.S. GOVERNMENT PUBLISHING OFFICE
63-967 PDF                 WASHINGTON : 2026
=======================================================================
                            
                 HOUSE COMMITTEE ON FINANCIAL SERVICES

                    FRENCH HILL, Arkansas, Chairman

BILL HUIZENGA, Michigan, Vice        MAXINE WATERS, California, Ranking 
    Chairman                             Member
FRANK D. LUCAS, Oklahoma             SYLVIA R. GARCIA, Texas, Vice 
PETE SESSIONS, Texas                     Ranking Member
ANN WAGNER, Missouri                 NYDIA M. VELAZQUEZ, New York
ANDY BARR, Kentucky                  BRAD SHERMAN, California
ROGER WILLIAMS, Texas                GREGORY W. MEEKS, New York
TOM EMMER, Minnesota                 DAVID SCOTT, Georgia
BARRY LOUDERMILK, Georgia            STEPHEN F. LYNCH, Massachusetts
WARREN DAVIDSON, Ohio                AL GREEN, Texas
JOHN W. ROSE, Tennessee              EMANUEL CLEAVER, Missouri
BRYAN STEIL, Wisconsin               JAMES A. HIMES, Connecticut
WILLIAM R. TIMMONS, IV, South        BILL FOSTER, Illinois
    Carolina                         JOYCE BEATTY, Ohio
MARLIN STUTZMAN, Indiana             JUAN VARGAS, California
RALPH NORMAN, South Carolina         JOSH GOTTHEIMER, New Jersey
DANIEL MEUSER, Pennsylvania          VICENTE GONZALEZ, Texas
YOUNG KIM, California                SEAN CASTEN, Illinois
BYRON DONALDS, Florida               AYANNA PRESSLEY, Massachusetts
ANDREW R. GARBARINO, New York        RASHIDA TLAIB, Michigan
SCOTT FITZGERALD, Wisconsin          RITCHIE TORRES, New York
MIKE FLOOD, Nebraska                 NIKEMA WILLIAMS, Georgia
MICHAEL LAWLER, New York             BRITTANY PETTERSEN, Colorado
MONICA DE LA CRUZ, Texas             CLEO FIELDS, Louisiana
ANDREW OGLES, Tennessee              JANELLE BYNUM, Oregon
ZACHARY NUNN, Iowa                   SAM LICCARDO, California
LISA McCLAIN, Michigan
MARIA SALAZAR, Florida
TROY DOWNING, Montana
MIKE HARIDOPOLOS, Florida
TIM MOORE, North Carolina

                      Ben Johnson, Staff Director

                                 ------                                

                 SUBCOMMITTEE ON FINANCIAL INSTITUTIONS

                     ANDY BARR, Kentucky, Chairman

BARRY LOUDERMILK, Georgia,           BILL FOSTER, Illinois, Ranking 
    Vice Chairman                        Member
BILL HUIZENGA, Michigan              NYDIA M. VELAZQUEZ, New York
ROGER WILLIAMS, Texas                GREGORY W. MEEKS, New York
JOHN W. ROSE, Tennessee              DAVID SCOTT, Georgia
WILLIAM R. TIMMONS IV, South         BRAD SHERMAN, California
    Carolina                         AL GREEN, Texas
RALPH NORMAN, South Carolina         JUAN VARGAS, California
DANIEL MEUSER, Pennsylvania          SEAN CASTEN, Illinois
YOUNG KIM, California                STEPHEN F. LYNCH, Massachusetts
BYRON DONALDS, Florida               JOYCE BEATTY, Ohio
SCOTT FITZGERALD, Wisconsin          CLEO FIELDS, Louisiana
MIKE FLOOD, Nebraska
MONICA DE LA CRUZ, Texas
TIM MOORE, North Carolina
                        
                        C  O  N  T  E  N  T  S

                              ----------                              

                        Thursday, March 5, 2026
                           OPENING STATEMENTS

                                                                   Page
Hon. Andy Barr, Chairman of the Subcommittee on Financial 
  Institutions, a U.S. Representative from Kentucky..............     1
Hon. Bill Foster, Ranking Member of the Subcommittee on Financial 
  Institutions, a U.S. Representative from Illinois..............     3

                               STATEMENTS

Hon. French Hill, Chairman of the Committee on Financial 
  Services, a U.S. Representative from Arkansas..................     4

                               WITNESSES

Mrs. Gay Dempsey, Chief Executive Officer, Bank of Lincoln 
  County, on behalf of The Independent Community Bankers Of 
  America (ICBA).................................................     5
    Prepared Statement...........................................     8
Mr. Patrick McDade, Senior Vice President for Fraud and 
  Technology Risk Management, Everbank, on behalf of The Consumer 
  Bankers Association (CBA)......................................    22
    Prepared Statement...........................................    24
Ms. Kate McKune, General Counsel, Park Community Credit Union, on 
  behalf of America's Credit Unions (ACU)........................    42
    Prepared Statement...........................................    44
Mr. Joseph J. Schuster, Partner, Ballard Spahr LLP...............    61
    Prepared Statement...........................................    63
Mr. Adam Rust, Director of Financial Services, Consumer 
  Federation of America (CFA)....................................    91
    Prepared Statement...........................................    93

                                APPENDIX

                   MATERIALS SUBMITTED FOR THE RECORD

Hon. Barry Loudermilk:
    American Securities Association..............................   146
Hon. Young Kim:
    American Financial Services Association......................   150
    SIFMA........................................................   152
Hon. Al Green:
    ``Melania Trump's meme coin architects accused of pump-and-
      dump fraud in lawsuit''....................................   155
    ``Trump meme coin down 96% as Bitcoin and meme coins slide''.   157
    ``Firm Tied to Kristi Noem Secretly Got Money From $220 
      Million DHS Ad Contracts''.................................   160
Hon. Hon. Andy Barr:
    Bank Policy Institute (BPI)..................................   169
    The Responsible Data Alliance (RDA)..........................   172
    American Land Title Association (ALTA).......................   175

                 RESPONSES TO QUESTIONS FOR THE RECORD

Written responses to questions for the record from Representative 
  Rose
    Mrs. Gay Dempsey.............................................   178
    Mr. Patrick McDade...........................................   182
    Ms. Kate McKune..............................................   184
    Mr. Joseph J. Schuster.......................................   185
Written responses to questions for the record from Representative 
  Fitzgerald
    Mrs. Gay Dempsey.............................................   189
    Ms. Kate McKune..............................................   190
    Mr. Joseph J. Schuster.......................................   192

                              LEGISLATION

H.R.----, the Transaction Risk Analytics and Collaborative 
  Exchange (TRACE) Act of 2026...................................   195
H.R.----, the Bank Fraud Technology Advancement Act of 2026......   201
H.R.----, the Scrutinizing Transactions for Overt Payment Fraud 
  (STOP Fraud) Act...............................................   210

 
                   FIGHTING FRAUD ON THE FRONT LINES:
                      CHALLENGES AND OPPORTUNITIES
                       FOR FINANCIAL INSTITUTIONS

                              ----------                              


                        Thursday, March 5, 2026

             U.S. House of Representatives,
            Subcommittee on Financial Institutions,
                           Committee on Financial Services,
                                                    Washington, DC.

    The subcommittee met, pursuant to notice, at 10:03 a.m., in 
room 2128, Rayburn House Office Building, Hon. Andy Barr 
[chairman of the subcommittee] presiding.
    Present: Representatives Barr, Hill, Huizenga, Williams, 
Loudermilk, Rose, Timmons, Meuser, Kim, Fitzgerald, Flood, De 
La Cruz, Moore, Hill, Foster, Waters, Scott, Sherman, Green, 
Vargas, Casten, Lynch, and Beatty.
    Chairman Barr. The Subcommittee on Financial Institutions 
will come to order.
    Without objection, the chair is authorized to declare a 
recess of the committee at any time.
    Today's hearing is titled ``Fighting Fraud on the Front 
Lines: Challenges and Opportunities For Financial 
Institutions.''
    Without objection, all members will have five legislative 
days within which to submit extraneous materials to the chair 
for inclusion in the record.
    I now recognize myself for 4 minutes for an opening 
statement.

     OPENING STATEMENT OF HON. ANDY BARR, CHAIRMAN OF THE 
 SUBCOMMITTEE ON FINANCIAL INSTITUTIONS, A U.S. REPRESENTATIVE 
                         FROM KENTUCKY

    Good morning.
    Today's hearing continues this committee's work to combat 
the growing threat of financial fraud and scams harming 
American families, seniors, and small businesses across our 
country.
    Fraud and scam losses are not abstract statistics. They 
represent retirement savings wiped out, college funds drained, 
and small business savings accounts emptied overnight.
    The scope of the problem is staggering. According to the 
Federal Bureau of Investigation (FBI), Americans reported $16.6 
billion in cybercrime losses in 2024, a 33 percent increase 
over the prior year.
    Criminals are becoming more sophisticated, leveraging 
artificial intelligence, voice cloning, spoofed caller IDs, 
fake investment platforms, and coordinated money mule networks. 
They are exploiting social media platforms, telecommunications 
infrastructure, and cross-border networks to deceive Americans 
at scale.
    Yet, even as these schemes often originate outside the 
financial system--and frequently outside our borders--banks and 
credit unions are often the last lines of defense.
    Financial institutions of all sizes are devoting 
substantial resources to fight fraud and scams. They are 
investing heavily in data analytics, machine learning, and 
artificial intelligence to detect suspicious activity within 
milliseconds. They are deploying real-time transaction alerts 
and customer education campaigns to encourage their customers 
to remain vigilant and spot common flags before funds have left 
their accounts.
    Community banks and credit unions, despite having fewer 
resources, are stepping up with employee training, enhanced 
check verification procedures, and partnerships with local and 
national law enforcement.
    The Trump Administration has also taken significant steps 
to address this escalating problem. President Trump's executive 
order, ``Modernizing Payments to and from Americans' Bank 
Accounts,'' directs Treasury to transition away from paper 
checks, which are far more susceptible to theft and alteration, 
and toward more secure electronic payments. This shift will 
help safeguard Americans' tax refunds and benefits while 
protecting taxpayer dollars from criminal activity.
    President Trump has also removed barriers to American 
leadership in artificial intelligence, recognizing that 
innovation is essential if we are going to outpace 
technologically savvy criminals but despite these efforts, 
serious structural challenges remain.
    First, our legal framework for information sharing is 
outdated. Fraud today is networked, cross-institutional, and 
real-time.
    Yet privacy statutes, antitrust concerns, and uncertainty 
under consumer reporting laws limit the ability of financial 
institutions to share data in ways that could identify mule 
networks and coordinated fraud patterns.
    Second, funds availability rules under Regulation CC were 
written for a very different era when the primary risk was 
banks holding checks too long, not criminals exploiting 
mandatory next-day availability to drain accounts before 
investigations can detect fraud.
    Third, our financial regulators often lack robust 
understanding of artificial intelligence and machine learning, 
preventing the establishment of clear guardrails for financial 
institutions.
    With well-defined expectations, financial institutions will 
be better positioned to confidently adopt these technologies or 
partner with innovative third parties to more effectively 
detect and prevent fraud.
    Last, law enforcement faces real constraints, including 
insufficient penalties for fraudsters, limited resources, and 
lack of coordination between Federal and local officials.
    At the same time, we must also guard against proposals that 
could unintentionally fuel more scams.
    Placing liability on financial institutions when a customer 
mistakenly authorizes a payment or transfer--often referred to 
as scams--does not address the underlying root causes of scams 
and could worsen the problem by increasing instances of first-
party criminal activity.
    It would also impose significant financial strain on 
smaller banks and credit unions which lack substantial profits 
needed to absorb large scam-related losses.
    Our focus today is straightforward: How do we empower 
financial institutions to better deter, detect, and mitigate 
fraud without creating perverse incentives or unintended harm?
    I look forward to hearing from our witnesses and working 
with my colleagues to strengthen our Nation's defenses against 
financial fraud and scams.
    With that, I yield back.
    Chairman Barr. I now recognize the ranking member of the 
subcommittee, Dr. Foster, for 4 minutes for an opening 
statement.

 OPENING STATEMENT OF HON. BILL FOSTER, RANKING MEMBER OF THE 
 SUBCOMMITTEE ON FINANCIAL INSTITUTIONS, A U.S. REPRESENTATIVE 
                         FROM ILLINOIS

    Mr. Foster. Thank you, Chair Barr, and to our witnesses.
    Today's hearing continues this committee's bipartisan focus 
on solutions to counter the growing threat of fraud and scams 
facing American consumers and financial institutions.
    Federal agencies, including the FBI and Federal Trade 
Commission (FTC), and numerous nongovernmental organizations 
have increased their focus on frauds and scams in recent years.
    In each report, it is made clear that scams and losses from 
fraud are growing year after year as scams are moving online 
and perpetrators are becoming more sophisticated.
    As Chair Barr noted, the FBI's last Internet Crime Report 
in 2024 reported losses of a staggering $16.6 billion from 
cyber-enabled scams and fraud. During coronavirus disease 
(COVID), the U.S. taxpayer lost well over $100 billion to scams 
and identity scams.
    When encompassing offline activity like check fraud and 
information from victims that choose not to report their 
losses, the number is actually much greater.
    Today, we are going to be discussing what can be done to 
support community banks and credit unions which often find 
themselves as the last line of defense between consumers and 
scammers. We will discuss what more financial institutions, and 
this committee can do to fight scams and fraud, the role 
agencies outside of our jurisdiction should play, and actions 
that can be taken by other industry sectors to eliminate common 
vectors for these activities.
    Old school fraud persists, like check fraud, while scammers 
are quickly adopting new tools, like artificial intelligence 
and deepfakes, to more effectively falsify documents, 
impersonate consumers, or create false pretenses that trick 
Americans into sending their hard-earned money to bad actors.
    Specifically, I worry about the role of impersonation and 
identity fraud in the scam system.
    In 2024, the Financial Crimes Enforcement Network, FinCEN, 
published a report identifying more than 1.6 million Suspicious 
Activity Reports implicating more than $212 billion in 
transactions as linked to concerns with identity verification.
    I would like to thank Congressman Sessions for his 
partnership on H.R. 7270, the Stop Identity Fraud and Identity 
Theft Act of 2026, which would help States build the necessary 
infrastructure to offer a voluntary form of digital 
identification for Americans that want it.
    Digital identity tools are proven to be more secure and 
privacy preserving than physical documents in an online 
environment, and our bill would make important steps to provide 
peace of mind to Americans who worry that the person on the 
other end of the line may not be who they claim to be.
    It is essential to also recognize the role that the 
Consumer Financial Protection Bureau played in countering fraud 
and scams, particularly for our servicemembers and older 
Americans.
    The Consumer Financial Protection Bureau (CFPB) long served 
as a resource for Americans affected by these criminals, 
providing assistance and operating their Consumer Complaint 
Data base which provides important data regarding the types of 
scams and other illegal activities facing the public.
    This work is important, and this committee should put 
pressure to restore the CFPB so that it can continue that 
important work.
    Many members of this committee recognize that congressional 
efforts to counter fraud and scams cannot stop at the walls of 
this committee. Telecom service providers and social media 
platforms are common avenues for scammers to reach consumers.
    Fighting scams require an all-of-government approach to be 
successful, and we should recognize that. Many times, much of 
the damage has been done by the time the consumer contacts the 
financial institution.
    Technological solutions, improved information-sharing 
arrangements, and stronger Federal coordination provide a start 
to address these issues.
    So I look forward to hearing the views of our witnesses on 
these topics.
    I yield back.
    Chairman Barr. The gentleman yields back.
    I now recognize the chairman of the full committee, Mr. 
Hill, for 1 minute for an opening statement.

  STATEMENT OF HON. FRENCH HILL, CHAIRMAN OF THE COMMITTEE ON 
    FINANCIAL SERVICES, A U.S. REPRESENTATIVE FROM ARKANSAS

    Chairman Hill. Thank you, Chairman Barr.
    This is Consumer Protection Week, and I think I want to 
commend you and Dr. Foster for holding this important hearing.
    Fraud and scams are not a new challenge, but the scale and 
complexity of the problem, as Bill just outlined, are 
increasing rapidly, imposing greater costs on both American 
families and on the financial services arena and on our small 
businesses.
    Americans reported losses of $12.5 billion in 2024, a 25 
percent increase. In communities like my own in Little Rock, I 
hear directly from bankers, small business owners, and 
consumers who are grappling with check fraud, wire fraud, and 
increasingly sophisticated digital scams. In our family, we 
have been the victim of check fraud ourselves.
    Our banks and credit unions serve on the front lines of 
this fight, working every day to safeguard their customers, and 
we need an all-of-government approach. That is why I commend 
the work of this committee.
    I yield back.
    Chairman Barr. Thank you, Mr. Chairman. I commend your work 
as well and your focus on this issue along with Mr. Meuser, the 
chairman of our Oversight Subcommittee.
    Today, we welcome the testimony of Mrs. Gay Dempsey, the 
CEO of the Bank of Lincoln County, Tennessee, here on behalf of 
the Independent Community Bankers of America.
    Mr. Patrick McDade, the senior vice president for fraud and 
technology risk management at EverBank, here on behalf of the 
Consumer Bankers Association.
    Ms. Kate McKune, the general counsel of Park Community 
Credit Union in the great Commonwealth of Kentucky, here on 
behalf of America's Credit Unions.
    Kate and I have been friends for a long time.
    So it is great to see you in front of our committee, Kate.
    Mr. Joseph Schuster, a partner at Ballard Spahr and Mr. 
Adam Rust, the director of financial services at the Consumer 
Federation of America.
    We thank each of you for taking the time to be here. Each 
of you will be recognized for 5 minutes to give an oral 
presentation of your testimony. Without objection, your written 
statements will be made part of the record.
    Mrs. Dempsey, you are now recognized for 5 minutes for your 
oral remarks.

  STATEMENT OF GAY DEMPSEY, CHIEF EXECUTIVE OFFICER, BANK OF 
LINCOLN COUNTY, ON BEHALF OF THE INDEPENDENT COMMUNITY BANKERS 
                       OF AMERICA (ICBA)

    Mrs. Dempsey. Chairman Barr, Ranking Member Foster, and 
members of the subcommittee, I am Gay Dempsey, the CEO of the 
Bank of Lincoln County located in Fayetteville, Tennessee. We 
are a $225 million bank in southern-middle Tennessee bordering 
Alabama.
    I am a member of the Board of Directors for ICBA and a 
member of the Fraud and Scams Task Force. I am also actively 
involved in the Tennessee Bankers Association where I am soon 
to be chairman.
    I testify today on behalf of ICBA and thousands of 
community banks across our country. Thank you for convening 
today's hearing.
    I am a lifelong community banker, and I have witnessed 
firsthand the impact of fraud on our customers and community 
and have seen the financial ruin that fraud can produce.
    Community banks like mine are on the front lines, spending 
significant time and resources to educate customers and 
identify and mitigate fraud but coordination among financial 
institutions, law enforcement, and government at every level is 
necessary to combat this urgent problem.
    My written statement contains legislative and regulatory 
recommendations, but I must stress that additional mandates on 
community banks would only harm our ability to fight fraud. I 
also provide a number of stories to illustrate the impact of 
check fraud, imposter scams, and other schemes.
    In recent years, we have seen a significant rise in check 
fraud. A common thread in these cases is a failure of mail 
security and a depositing bank that ignored red flags on 
account opening and accepting deposits of stolen checks for 
fake companies.
    In some cases, lost funds were recovered after much effort 
and delay. In others, we had to absorb the losses.
    We have also seen a rise in imposter scams enabled by 
unregulated social media platforms and bitcoin ATMs.
    Our bank had an elderly customer with no family who fell 
victim to a romance scam and sold her house for $85,000. 
Spotting the red flags, we refused her request to wire the 
money to the scammer and tried our best to convince her that 
she was a victim, even showing her FBI reports.
    In the end, we could not refuse her request to make a cash 
withdrawal, which she deposited in a nearby bitcoin ATM and 
transferred to the scammer.
    This was heartbreaking, a preventable crime enabled by the 
use of fake social media accounts.
    The Safeguarding Consumers from Advertising Misconduct 
(SCAM) Act, introduced by Representatives Meuser and Correa, 
would begin to hold social media platforms accountable for 
fraud like this.
    Fraud losses disproportionately impact community banks 
relative to our asset size. For a bank like ours, fraud 
fundamentally impacts our ability to serve our local community.
    Beyond the significant dollar losses, fraud is increasingly 
absorbing focus and attention, stealing valuable time that we 
should be spending with our customers but maybe more dangerous 
is the intangible impact: the erosion of consumer trust in all 
banks. This ironically leads consumers to seek out unregulated 
nonbank alternatives that put them at even greater risk.
    Community banks are built on strong relationships. This 
sets us apart from larger transaction-oriented banks, and fraud 
jeopardizes these critical relationships.
    Given these high stakes, how are community banks 
responding?
    First, we are investing significant amounts in technology, 
including AI, to detect fraud. These tools, which are important 
but not foolproof, add significant cost for our bank.
    One of the draft bills before this committee, the Bank 
Fraud Technology Advancement Act, would require a comprehensive 
agency study of the use of AI in fraud prevention. This study 
would be valuable.
    Second, we train our staff to spot fraud and report 
suspicious activity. Our staff are the point of contact and 
positioned to detect fraud early and intervene. Their training 
is critical, but so are the personal relationships and the 
knowledge they have. In our close-knit community, they are 
truly the first line of defense.
    At the industry level, Independent Community Bankers of 
America (ICBA) created a Fraud and Scams Task Force that shares 
information and best practices, meets with regulators, and 
develops resources for our peers.
    My statement also contains recommended changes to Fed 
Regulation CC, which governs check clearance. This, along with 
the draft Scrutinizing Transactions for Overt Payment Fraud 
(STOP Fraud) Act, would help community banks mitigate check 
fraud by providing more flexible hold times.
    Finally, a third draft bill before this committee, the 
Transaction Risk Analytics and Collaborative Exchange (TRACE) 
Act, would expand critical information sharing while providing 
safe harbors.
    Thank you for your work on the draft bills and for 
convening today's hearing.

    [The prepared statement of Mrs. Dempsey follows:]
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] 
    
    Chairman Barr. Thank you.
    I now recognize Patrick McDade for 5 minutes.

 STATEMENT OF PATRICK McDADE, SENIOR VICE PRESIDENT FOR FRAUD 
  AND TECHNOLOGY RISK MANAGEMENT, EVERBANK, ON BEHALF OF THE 
               CONSUMER BANKERS ASSOCIATION (CBA)

    Mr. McDade. Chairman Barr, Ranking Member Foster, and 
members of the subcommittee, thank you for the opportunity to 
testify.
    My name is Patrick McDade, and I am the senior vice 
president for fraud and technology risk management at EverBank.
    Before joining EverBank, I spent over a decade as a State 
and Federal prosecutor. I also serve as the chair of the 
Consumer Bankers Association's Fraud Management Committee.
    The CBA's broad membership has long been raising the alarm 
about the rise in fraud and scams that are inflicting deep 
financial and emotional harm on American consumers and small 
businesses.
    Banks invest billions of dollars and millions of hours to 
combat fraudsters and scammers each year. However, banks cannot 
face this growing threat alone.
    In 2024, the FBI received more than 850,000 Internet Crime 
Complaint Center (IC3) complaints involving losses of over $16 
billion, which was a 33 percent increase over 2023.
    However, while consumers expect a meaningful response to 
these complaints, Government Accountability Office (GAO) 
reports have revealed a lack of coordination among Federal 
bodies to assist victims and prevent frauds and scams.
    Meanwhile, the criminals behind these frauds and scams are 
using AI, social media, and dark web platforms to coordinate 
with each other and improve their attacks and techniques.
    Historically, fraudsters have attacked the financial 
services industry through traditional bank fraud methods: 
identity theft, forging or altering checks, wire fraud, et 
cetera.
    More recently, these criminals have focused on emerging 
digital bank platforms, fraudulently accessing accounts online 
and making unauthorized payments.
    Banks hardened their digital controls, developed data-
focused fraud tools, and strengthened digital security to 
combat these emerging threats.
    In response, today the criminals are focused on a new 
tactic: Scams directed at our customers.
    Frauds and scams are often conflated, as both use complex 
schemes and deceptions to steal. However, it is important to 
understand the differences between frauds and scams.
    The key differences are who is being deceived and who is 
authorizing the transactions.
    As I described, in bank fraud, the criminals are trying to 
deceive the bank and fraudulent transactions are sent.
    With scams, however, the criminal is not deceiving the 
bank--they are deceiving the customer. The customer believes 
they urgently need to move money to invest, to help a loved 
one, or to avoid a penalty. The customer then contacts the bank 
and authorizes a transaction to move money.
    Banks work hard to protect their customers in the Main 
Street communities they serve from these scams. Banks monitor 
unusual activity, educate customers about fraud and scams, and 
train their staff to recognize red flags that indicate a 
customer may be a scam victim.
    Banks are doing what they can do to stop scams, but there 
are several important steps that policymakers can take to help.
    First, the Federal Government should establish a national 
strategy to combat fraud and scams. Because so much of the 
activity involving scams originates from social media, 
telecommunications, and other places outside the financial 
sector, this strategy must include cross-industry engagement.
    One step toward accomplishing this could be an executive 
order that includes unified coordination with the private 
sector. While my written testimony provides more detail, such 
an order could establish a centralized interagency reporting 
and data-sharing infrastructure to streamline complaint intake 
and response. This would provide immediate structural alignment 
across agencies while longer-term legislative reforms are 
developed.
    To that end, CBA strongly supports many bipartisan and 
bicameral efforts, including the leadership of Representative 
Nunn through the Guidelines for User Age-Verification and 
Responsible Dialogue (GUARD) Act and the Taskforce for 
Recognizing and Averting Payment Scams (TRAPS) Act, 
Representative Meuser through the SCAM Act, and other efforts, 
such as Representative Kim's No More Shielding Corruption and 
Misuse in Spending (SCAMS) Act. These represent important steps 
in cross-agency coordination.
    Congress should also expand safe harbor protections so 
financial institutions can share real-time fraud and scam 
threat intelligence without undue legal risk.
    Federal regulatory frameworks must also be modernized, 
including Reg CC.
    Customer education is equally vital. Banks commit 
significant resources to educate their customers about fraud 
and scams, but a national fraud and scam awareness campaign 
would make a substantive difference.
    Finally, fraud and scams are currently reported to the 
government through FinCEN's suspicious activity reporting 
process. Transitioning to a modern fraud signal report would 
lead to more valuable and actionable data-gathering by the 
government.
    The fraud and scam epidemic confronting American consumers 
is not a series of isolated incidents. It is a rapidly 
evolving, technology-accelerated global threat that inflicts 
billions of dollars in losses each year and affects millions of 
Americans in every district and Main Street consumers across 
the country.
    Thank you, and I look forward to your questions.

    [The prepared statement of Mr. McDade follows:]
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
    Chairman Barr. Thank you.
    Ms. McKune, you are now recognized for 5 minutes.

   STATEMENT OF KATE McKUNE, GENERAL COUNSEL, PARK COMMUNITY 
    CREDIT UNION, ON BEHALF OF AMERICA'S CREDIT UNIONS (ACU)

    Ms. McKune. Good morning, Chairman Barr, Ranking Member 
Foster, and members of the subcommittee.
    I am Kate McKune, general counsel of Park Community Credit 
Union in Louisville, Kentucky. I am pleased to appear before 
you today on behalf of America's Credit Unions, where I serve 
on the Fraud Task Force and the association's Advocacy Policy 
Committee.
    We applaud the subcommittee for holding this important 
hearing today.
    Financial institutions operate in an environment where 
fraud and scams are becoming increasingly more prevalent.
    Fraud encompasses a wide range of criminal tactics. Scams, 
as a subset of fraud, often involve an element of impersonation 
or trickery.
    Both ultimately harm the consumer and the financial 
institution and fall under the broader scope of fraud being 
examined at this hearing today.
    Credit unions like mine must contend with a fraud 
environment where a large share of fraud and scams originate 
outside of the financial sector, and criminal sophistication 
continues to grow.
    Credit unions are the original consumer protectors, and 
that fact puts us at the forefront of looking out for our 
members.
    At the same time, consumers increasingly demand speed and 
convenience as a core part of their banking experience.
    Sometimes the only viable defense against fraud is 
preventing it before it occurs, a process that can be 
technologically demanding, expensive, and dependent on timely 
information sharing between law enforcement, Federal 
regulators, and other payment system stakeholders.
    Despite significant investments in fraud detection tools, 
consumer education, and data security, credit unions report 
each year that fraud remains a top concern.
    For smaller credit unions, a significant fraud loss could 
impact the financial health of the institution.
    As a not-for-profit cooperative, if regulatory standards on 
liability for fraud were to shift the costs further to the 
institution, our members would ultimately bear the burden.
    Credit unions regularly work to adapt, innovate, and 
educate their members about the variety of fraud and different 
scams that can target them--although, oftentimes, no amount of 
security investment or intervention can fully compensate for a 
consumer's decision to trust a scammer.
    One of the biggest challenges in combating fraud is that it 
can come in so many different forms.
    Romance scams can be difficult for a credit union to detect 
and prevent because manipulation of the victim can take place 
over a long period of time. Often, victims of romance scams 
will genuinely believe that their online friend is a person 
they can trust, and no amount of circumstantial evidence will 
change their mind.
    Fraudulent advertisements for fake goods and services are 
another common vector for defrauding consumers.
    Unfortunately, financial institutions have minimal control 
over how online or social media entities manage their 
advertising policies. As a result, we must resort to simply 
warning consumers that completely anonymous, online, sight-
unseen purchases of goods could mean losing their money.
    Investment scams and business impersonation scams have also 
contributed to abnormally high fraud losses among consumers. 
Often, these scams can involve cryptocurrencies or 
impersonators pretending to work for crypto companies.
    Check fraud has also increased in recent years. One way to 
combat this would be to modernize the funds availability rules 
under Regulation CC and create flexibility in the length of 
time funds may be held if there are concerns about a check.
    While the National Credit Union Administration (NCUA) also 
provides resources to assist credit unions and their members in 
the fight against fraud, America's Credit Unions supports 
greater interagency coordination, expanded information-sharing 
authority, and close collaboration with law enforcement to 
address fraud.
    We believe a national strategy to mitigate fraud should 
include several key elements.
    First, improving information sharing and coordination. 
Bills such as the TRAPS Act and TRACE Act are important steps 
in this area that would improve cooperation between public and 
private sectors and law enforcement.
    Second, a national consumer education campaign and program 
from the Federal Government that partners with industry.
    Third, modernization of funds availability rules. 
Legislation such as the STOP Fraud Act would begin to make 
improvements in this area.
    Fourth, promotion of the use of technology, including AI, 
to help combat fraud. The Bank Fraud Technology Advancement Act 
is an important first step. We also support the creation of 
technical assistance and grant programs to help smaller 
financial institutions access best-in-class technology.
    In conclusion, there is no magic bullet to stop fraud and 
scams. At Park Community, we are on the front lines trying to 
fight it and help our members, but the challenges are complex. 
Often, criminals seek to manipulate the system and prey on 
human nature.
    There is only so much one institution can do alone. What is 
needed is a commitment at the Federal level to work with credit 
unions and other financial institutions to help combat fraud 
and scams by using an all-of-government approach as outlined in 
my testimony.
    Thank you for holding this important hearing and for the 
opportunity to appear before you today. I welcome any questions 
you may have.

    [The prepared statement of Ms. McKune follows:]
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    Chairman Barr. Thank you.
    Mr. Schuster, you are now recognized for 5 minutes.

  STATEMENT OF JOSEPH J. SCHUSTER, PARTNER, BALLARD SPAHR LLP

    Mr. Schuster. Thank you, and good morning. Chairman Barr, 
Ranking Member Foster, and members of the subcommittee, thank 
you for the opportunity to testify today.
    My name is Joseph Schuster, and I am a partner in Ballard 
Spahr's Consumer Financial Services Group, where I advise 
banks, credit unions, payment companies, and technology 
providers on Federal and State consumer finance laws.
    A substantial portion of my practice focuses on fraud-and 
scam-related matters, including payment fraud, identity-based 
fraud, account takeover, check and wire fraud, scam typologies, 
loss allocation, and legal and operational frameworks governing 
fraud detection and response.
    Throughout my testimony, two themes are going to be 
pervasive. The first is the challenge of sharing information 
effectively to prevent fraud. The second is the constraints 
financial institutions face when deploying new tools to combat 
rapidly evolving fraud schemes.
    Fraud prevention today is inherently collaborative. It 
depends on coordination among financial institutions, their 
service providers, law enforcement, and in many cases cross-
industry information-sharing networks. Yet, these efforts take 
place within a layered legal and supervisory framework.
    Fraud mitigation is shaped not only by statutory regimes, 
such as the Fair Credit Reporting Act and the Expedited Funds 
Availability Act, but also by regulatory guidance, supervisory 
expectations, and the practical realities of examinations and 
investigative oversight.
    Financial institutions must navigate Federal and State 
compliance expectations and requirements while simultaneously 
responding to increasingly sophisticated and fast-moving fraud 
threats.
    The interaction between Federal and State law can create 
uncertainty in areas such as information sharing, funds 
availability practices, fraud-related holds, consumer dispute 
handling, and the use of advanced analytics.
    Institutions operating nationally must reconcile these 
overlapping regimes while responding to fraud schemes that do 
not respect jurisdictional boundaries.
    My testimony today reflects a legal practitioner's 
perspective across institutions of varying sizes and business 
models.
    Fraud has evolved rapidly in recent years. At the same 
time, many elements of the legal and supervisory framework were 
developed in an era when fraud was slower, more siloed, and 
certainly less technologically advanced.
    The result is a growing tension between the speed and scale 
of emerging fraud trends and the structure of the regulatory 
architecture governing prevention efforts.
    I appreciate the committee's attention to these issues, and 
I look forward to discussing how policymakers can support 
effective fraud mitigation while preserving consumer 
protections, privacy, and fair access to financial services.
    Thank you.

    [The prepared statement of Mr. Schuster follows:]
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    Chairman Barr. Thank you. The gentleman yields back.
    Last but not least, Mr. Rust, you are now recognized for 5 
minutes.

    STATEMENT OF ADAM RUST, DIRECTOR OF FINANCIAL SERVICES, 
                 CONSUMER FEDERATION OF AMERICA

    Mr. Rust. Chairman Barr, Ranking Member Foster, and members 
of the committee, thank you for the opportunity to testify 
today.
    My name is Adam Rust. I am director of financial services 
for the Consumer Federation of America.
    CFA is a nonprofit organization dedicated to serving the 
consumer interests, with 215 nonprofit coalition members across 
the country, and we house Veteran Saves and Military Saves to 
help approximately 240,000 individuals build wealth.
    Today, I want to talk about scams which are among the most 
serious threats facing consumers today. You have heard about 
the large numbers of losses. The numbers are truly much larger 
because so many scams are never reported.
    Scams affect people in every congressional district, of 
every age, young, old, urban, rural, civilian and 
servicemember.
    I want to focus my testimony on five things Congress can 
do.
    First, attacks on the CFPB must end. The CFPB is the 
primary Federal agency with the mandate and expertise for 
consumer financial protection and authority for Electronic Fund 
Transfer Act (EFTA) and Unfair, Deceptive, or Abusive Acts or 
Practices (UDAAP). Its Complaint Data base receives complaints 
from harmed consumers. This information can be shared with law 
enforcement and other concerned parties.
    When consumers are harmed, the CFPB has sent a clear 
signal: When companies offer unsafe products, there will be 
consequences, but that signal has been silenced by dropping 
enforcement, gutting supervision, and firing staff. The 
consumers' champion has been taken off the beat and Congress 
overturned the rule requiring supervision of payment apps and 
digital wallets.
    Consumer relief rates have dropped precipitously, from 
approximately 50 percent 2 years ago to now less than 1 
percent.
    Second, EFTA is broken for scam victims. EFTA was written 
in 1978 when electronic theft meant a stolen ATM card. Today's 
criminals coerce victims into authorizing transfers where there 
is little recourse under the law.
    CFA supports the Protecting Consumers from Payment Scams 
Act, which would expand coverage to wires, call for shared 
liability, and create protections against induced transfers. 
The bill will modernize EFTA to actually address how scams work 
now.
    Third, every company across the payment journey should be 
accountable and a part of the solution. For every scam, there 
is a destination: a bank or a payment app of the criminal. 
Criminals deliberately target FIs with weak fraud detection to 
help them find ways to open accounts and receive funds and then 
later move it on for funnel accounts.
    Suspicious Activity Report (SAR) filings on funnel accounts 
have increased fourfold since 2020, and bank fintech 
partnerships, such as the example of the Synapse case, are a 
critical point of vulnerability.
    True, send-side FIs do not have the full picture. Receive-
side FIs and payment networks have a unique line of sight with 
directory information as well. Let us connect those sight 
lines.
    More use of real-time AI, better information sharing, and 
possibly the expulsion of stubbornly risk-leaning FIs would 
improve the ecosystem's safety for everyone. The U.K. has shown 
that shared liability works.
    The problem has many surfaces, and every actor--banks, 
nonbank apps, networks, platforms, telcos--all must have skin 
in the game.
    Fourth, we must bridge the gap between illicit finance 
enforcement and consumer protection. The types of criminal 
organizations that have historically been the subject of Bank 
Secrecy Act (BSA) and anti-money laundering (AML) violations 
are now open for a new line of business: scamming Americans.
    Yet, BSA enforcement actions and consumer protection work 
have been in silos. That should change. The CFPB should be in 
the room, and penalties resulting from violations should 
include remedies for scam victims.
    Fifth, we should make efficient use of SARs. Much of the 
most useful information in a SAR is buried in narrative fields, 
where law enforcement has difficult times to access it at 
scale.
    To help law enforcement, FinCEN should migrate more data to 
structured formats and add a scam check box with device and 
account identifiers to permit appending and tracking across 
financial institutions.
    The dark web is not calling for higher reporting 
thresholds. Neither should we. It would be blind for law 
enforcement to many transactions, including some that affect 
lower-dollar transactions such as teen sextortion.
    The tools to fix this problem exist. Restoring the Bureau, 
sharing liability, removing silos, and making better use of 
SARs will strengthen our defenses.
    Thank you.

    [The prepared statement of Mr. Rust follows:]
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    Chairman Barr. The gentleman's time has expired.
    We will now turn to member questions. I recognize myself 
for 5 minutes for questioning, and I will start with Mrs. 
Dempsey.
    The recommendation of the STOP Fraud Act or updates to Reg 
CC to allow for exceptions in terms of holds, allowing more 
holds for scrutinizing wire transfers or suspicious checks. We 
hear a lot about--especially from community banks--concerns 
about rewards in payment stablecoins. This seems to kind of go 
in the opposite direction but I think banks will always--and 
credit unions, frankly--all community financial institutions 
will always be here, even with the advent of blockchain 
technology and stablecoins, because of the fraud prevention 
that you all and the trust that you all create and why you are 
even more important in the ecosystem with the advent of 
stablecoins.
    Can you talk about that? Does this--I think it is a good 
idea to give you more flexibility on holds, but does that work 
at cross-purposes in terms of the concern about 
disintermediation?
    Mrs. Dempsey. It is a broad question.
    On the Reg CC side for holds, yes, definitely giving more 
leeway there for the banks.
    The language right now is a little vague on if you have a 
reasonable cause to place a hold for longer, a longer period of 
time. So a lot of banks are not apt to use that to extend their 
hold times when they see those fraudulent checks when they come 
in.
    With checks 21 years ago, everybody thought checks were 
just going to clear instantly and that you would be able to 
catch those fraudulent checks that were presented into the 
system, but we still see that it can take several days 
sometimes for a check to clear.
    Also, it takes a lot of time, especially when you are 
talking about altered checks that have occurred in the mail, 
for the small businesses, that they may have been stolen out of 
the mail and then come out of their account.
    I would love for them to check those accounts every single 
day and to make sure that the payee matches who they sent it 
to, but, unfortunately, they just do not.
    Even with the education that we provide to those small 
businesses--we host small business luncheons to train on fraud 
and scams and to show them what to look for--but when you 
extend that hold time, it gives that customer even more time to 
check their online banking, to look at those accounts, and then 
for us to return those. Because that is one of the hardest 
things, is the midnight return that we have with checks and 
dealing with trying to mitigate those and to solve those.
    Chairman Barr. Well, just to sum up, we are embracing the 
innovation and moving toward a more frictionless payment 
system, obviously, with the GENIUS Act, but banks and credit 
unions will always be needed, I think, to build in wanted and 
needed friction to prevent fraud.
    Mr. Schuster, I have heard from financial institutions that 
when they implement robust fraud controls, they can face 
allegations of unfairness or abusiveness under CFPB's UDAAP 
authorities, especially when interventions might create 
necessary friction for customers.
    My Rectifying UDAAP Act requires the CFPB to provide clear 
standards for what constitutes a UDAAP violation, giving 
financial institutions the clarity they need to serve 
customers, including protecting them from fraud and scams.
    From a legal perspective, how does UDAAP risk currently 
influence institutions' willingness to deploy proactive risk-
based fraud controls and do you think that greater clarity in 
the form of my bill, the Rectifying UDAAP Act, would reduce 
hesitation around reasonable, good-faith fraud interventions?
    Mr. Schuster. Thank you. It is a great question. Yes, your 
act would certainly help financial institutions.
    They right now face the decision of am I going to address 
this fraud or scam as it currently exists under existing 
statutory law but risk being criticized from an unfairness or 
an abusive perspective from their regulators and supervisors, 
and they will many times look at the potential financial impact 
to them of a compliance rating versus providing money to an 
individual who has been taken advantage of by a scam.
    When they are implementing tools, it is the same thing, 
that regulators are not looking at how artificial intelligence 
works, advanced technologies work. They have an aversion to 
doing that, and there is a belief that is unfair, that is 
abusive. They need to look at that, and your bill would 
certainly help.
    Chairman Barr. Ms. McKune, your testimony was that Park 
Community Credit Union prevented more than a million in fraud 
losses for your members. That is fantastic.
    Can you describe in more detail what those fraud attempts 
look like on a day-to-day basis and the staff time, compliance 
oversight, and technology investment that is required to manage 
all of this?
    Ms. McKune. Thank you, Chairman.
    We work every day to run investigations quickly. We have 
full-time fraud staff. We have deployed technology to catch and 
alert and indicate to us where there might be suspicious 
activity.
    We have, obviously, a compliance team that works hand in 
hand with the fraud team to ensure that we are meeting our 
compliance and regulatory obligations in that regard.
    There is a sign in our fraud department that says: How many 
days since the last fraud incident? It never leaves zero 
because what we do every day is keep vigil and work to 
investigate to see whether we are having an individual problem, 
whether we are seeing multiple members affected by a scam. So 
we are very conscientious about balancing their needs with the 
burden on our side to ensure we are protecting them.
    Chairman Barr. Thank you. I know it is a very costly 
enterprise.
    My time has expired. Dr. Foster is recognized for 5 
minutes.
    Mr. Foster. Thank you, Mr. Chair.
    Mr. McDade or Mr. Rust, as I mentioned in my testimony, 
identity fraud and impersonations are crucial to every one of 
these scams and they are becoming a greater threat to American 
consumers, particularly with the proliferation of artificial 
intelligence and deepfakes.
    Not only are the scammers able to reach more potential 
victims by automating these, but their scams are much more 
sophisticated. The old schemes of having typo-ridden emails 
claiming you are the beneficiary from a distant relative have 
sort of been replaced by very sophisticated impersonations, 
which can be online videos, things like that.
    It is only going to get worse. The rise of agentic AI is 
going to generate a huge new wave of these frauds where, when 
my agent starts talking to your agent to do a business deal or 
to just communicate, the very first question is going to be: 
How do I know you are who you say you are and not some scammer?
    So I think that having a secure digital identity for 
Americans that want to be able to prove they are who they say 
they are is going to be a crucial tool.
    I worry that America is falling behind the rest of the 
world in this because, by the end of this year, every citizen 
of the EU, if they wish, will have a tool to get out their cell 
phone, smile at it, do the biometric log-in, present an 
identity app that proves they are who they say they are.
    In the absence of any action by the Federal Government, 
States are rolling out digital driver's licenses. Sort of 
ironically, it is the National Institute of Standards and 
Technology--the U.S. standards--that are being deployed all 
around the world. They are on every iPhone and every Android, 
but we are not using them federally to prevent identity scams. 
So I think that is a real missed opportunity that we would like 
to.
    Also, Mrs. Dempsey, you highlighted bitcoin ATMs. I would 
urge every member of this committee to just go look at their 
hometown, do it on Google Maps, and then go do a search for 
bitcoin ATMs. Then maybe do a search for where all the nearby 
fentanyl deaths have been and see if the maps look kind of 
similar. These are tools by drug dealers, they are tools by 
scammers, and we have to do something about that.
    During the previous Trump Administration, actually, 
Secretary Mnuchin had the simple suggestion that why do not we 
have mandatory Know Your Customer (KYC) on all crypto wallets, 
which I think would solve a big part of this problem anyway.
    So any thoughts you have on that, Mrs. Dempsey? What should 
we do about the bitcoin ATMs? Because they are not a small 
problem.
    Mrs. Dempsey. Yes. The bitcoin ATMs, in my opinion, are 
just nefarious, and there is nothing good in our community 
taking place at a bitcoin ATM. There is no need for them.
    To your point, once they enter that, they are gone. There 
is no tracking. From where we stand, there is no getting that 
back.
    So I know there are several States that have enacted laws. 
Our State is currently entertaining some laws dealing with 
bitcoin ATMs and placing limits on them and placing warnings on 
them to help educate the consumers and to protect them.
    Mr. Foster. Yes, but that is not going to help someone who 
has been scammed, a romance scam. I know, I am familiar with a 
bar owner who was given a couple hundred bucks a week to put a 
bitcoin ATM in their bar, and after a couple weeks he said, 
``Get this the heck out of my bar'' because he was sick and 
tired of seeing elderly people pouring their life savings down 
the bitcoin ATM crying as they did it.
    Mrs. Dempsey. Yes. If there were regulations, even if they 
did put it in the ATM, where they had a certain amount of time 
to get it back, even things of that nature could help protect 
them when they fall victim to those scams.
    Mr. Foster. Mr. Rust, how would you generally rate the 
position of U.S. citizens in terms of being able to prove they 
are who they say they are, to know that the person they are 
talking to is a real person in an online environment? How does 
that----
    Mr. Rust. So this problem is not working now and getting 
worse. You can imagine with deepfakes and voice cloning that 
fraudsters are going to gain new advantages to harm people. 
That seems inevitable.
    Probably the best--Michael Hsu made the point that the best 
way to fight AI fraud is with AI technology, supervisory tech 
but we need to invest in that. We need to be able to buy those 
from regulators to have the tools that the fraudsters have.
    Mr. Foster. Does anyone know--have comments on where AI--
the thing that interests me are these personal AI assistants 
that everyone is going to use, which could be the last and best 
line of defense. So when you get that first phishing scam mail, 
you have your personal AI assistant say ``warning,'' warn you 
so that your elderly parents will never even receive that scam 
communication.
    Are there efforts ongoing to make personal assistants that 
will filter that stuff properly, or is that another missed 
opportunity?
    Mr. Rust. I mean, this is about having bots to stop bots, 
and with more platform involvement it will be more urgent.
    Mr. Foster. Thank you. Yield back.
    Mr. Meuser [presiding]. The gentleman yields back.
    The gentleman from Arkansas, the chairman of the full 
Financial Services Committee, Chairman Hill, is now recognized 
for 5 minutes.
    Chairman Hill. Thank you, Mr. Meuser. Appreciate that.
    Let me start with you, Mr. Schuster.
    This has been a good discussion so far, but I wanted to get 
into this idea of collaborating to fight fraud.
    Under the Fair Credit Reporting Act, entities that 
aggregate consumer information and provide outputs used to make 
eligibility determinants are often deemed consumer reporting 
agencies, which carries a lot of compliance regulations and 
compliance burden, which is probably right, including 
responsibility for accuracy and dispute resolution and things 
of that nature but we also are seeing a lot of financial 
institutions explore this kind of consortium-based fraud 
fighting.
    When I was a banker, we had a phone call every Wednesday in 
my hometown, and it was an off-the-record phone call that 
probably does not comply with Federal law or regulation, but it 
was essentially the ops people in every bank in town saying, 
``Have you seen somebody wander into the lobby that is doing 
this?''
    It is an early warning system, and it is, like, classic 
American protecting the community, working with each other in a 
consortium basis but were we to do that in an analytic way 
using some sort of a more formal system, do you see that people 
are afraid to do that because of falling under the--that shared 
information falls under that consumer reporting agency 
designation? What could we do about that?
    Mr. Schuster. It is a great question.
    Fraud identification is inherently pattern recognition. The 
more information and data that you have, the easier it is to 
identify patterns that are abnormal, where there is fraudulent 
activity happening.
    Currently, the Fair Credit Reporting Act has very broad 
definitions, and financial institutions, their service 
providers, technology providers are hesitant to share data that 
they have that could be used for that pattern recognition, the 
fraud identification, earlier.
    If there were clarity or a safe harbor under the Fair 
Credit Reporting Act about sharing data for fraud or how that 
data could be shared, it would vastly improve financial 
institutions' and all these other companies' ability to share 
that data and have it available to prevent fraud.
    Chairman Hill. Thank you. That is helpful. If you have got 
specific ideas of how one might craft a safe harbor like that, 
I hope you will share those with the committee.
    Ms. McKune, let me turn to you from an institution point of 
view.
    We know that scamming, as we have all heard today, has 
become more sophisticated, using AI and deepfakes and forged 
documents, and we have got people wandering in courthouses and 
wandering in bitcoin ATMs and wandering into banks. We know all 
that, and we are all trying to come up with the best whole-of-
government approach to fighting that, but a lot of it falls 
right back to those financial institutions.
    Are you trying to use these promising technologies to fight 
against the scammers that are using technology and do you have 
comfort with that? Do you have a lack of training? Do you have 
a lack of talent in your institutions? Tell me a little bit 
about that.
    Ms. McKune. Thank you for your question, Mr. Chairman.
    We certainly are trying to use technology prudently, 
cautiously, thoughtfully. We want to make sure that we are at 
least trying to keep pace with the fraudsters.
    There is always a question in small financial institutions 
of the cost and of the adoption and of the relative 
sophistication of both our members and the fraud community in 
which we sit but we do want to be able to respond faster and 
all of those tools--the all-of-government approach, the 
regulatory reforms, possibly safe harbors--would play into our 
layered approach.
    Technology is a piece of it, but one of the things that we 
try to pride ourselves on as credit unions is our ongoing 
member-to-member--our relationship with our members and our 
ability to see them and see what is an aberrant transaction, 
and try to use our judgment.
    Chairman Hill. On a share draft--passing a check that has 
been washed, for example--are you seeing good cooperation for 
filing a police report in your area? Are you seeing postal 
inspectors being helpful or local Secret Service? Tell me about 
that.
    Ms. McKune. We are always grateful for the law enforcement 
engagement that we have. We often run up against law 
enforcement's limitations in terms of resources and their 
ability to drill in on the harm that we are seeing.
    One of the things I think is really important to note is 
that the number of resources that law enforcement can invest 
often is tied to the amount of the loss, and the amount of the 
loss could be absolutely ruinous and devastating for our 
individual members and not be of a size or of a frequency that 
law enforcement can really lean in.
    Chairman Hill. Thank you very much.
    I yield back, Mr. Chairman.
    Mr. Meuser. The gentleman yields back.
    The gentlewoman from California, the ranking member of the 
full committee, Ms. Waters, is now recognized for 5 minutes.
    Ms. Waters. Thank you very much. Absolutely delighted to be 
here at this hearing. I am so surprised that the opposite side 
of the aisle have decided to talk about fraud and abuse.
    Since Trump and his return to the White House, Trump and 
his family have made billions thanks to their growing meme coin 
schemes. At the same time, families are more vulnerable than 
ever to financial abuse as Trump pushes a reckless deregulatory 
agenda.
    He has dismantled the CFPB--that is the Consumer Financial 
Protection Bureau--rolled back consumer protections, and 
dropped lawsuits against big banks and crypto scammers, making 
it easier to cheat everyone--from retirees, students, and 
working families--while he and his family cash in.
    Mr. Barr's bill would weaken UDAAP--that is U-D-A-A-P--
authority to the detriment of consumers. Of course, we need 
stronger protections, not less and I just want to raise a 
question about all of this that we see coming at the very top 
of government.
    Mr. Rust, we have been getting mixed messages from 
President Trump where, on one hand, he claims to care about the 
affordability crisis and says Congress should enact a law to 
cap excessive credit card interest rates at 10 percent, but on 
the other hand, he says it is a hoax and has worked with 
congressional Republicans to slash the budget of the Consumer 
Financial Protection Bureau, the Federal watchdog for consumers 
in the financial marketplace. They have also blocked rules like 
curbing excessive credit card fees.
    So, Mr. Rust, when the CFPB issued its larger participant 
rule to supervise Big Tech payment apps, banking groups were 
supportive of the effort as a way to level the playing field.
    Should Congress revisit this issue and require the CFPB to 
immediately begin examining the large payment apps and mobile 
wallets provided by Big Tech? Could this help identify payment 
scams happening on these apps sooner?
    Mr. Rust. Thank you for the question.
    Yes, absolutely, Congress should restore the CFPB's 
authority to supervise payment apps and digital wallets. This 
is sort of the baseline way to address scams. Access to looking 
at the activity on these networks is how regulators can spot 
things, how law enforcement can spot things.
    UDAAP is the tool we have if EFTA is not restored to 
protect consumers. UDAAP was the tool used for the Zelle 
enforcement action. Again, the CFPB needs to be back in the 
game.
    Ms. Waters. Well, thank you very much.
    I am going to go back to the CFPB because many of us have 
worked so hard. In Dodd-Frank, we gave the CFPB authority to 
stop unfair, deceptive, and abusive acts and practices by bad 
actors.
    So if the Congress of the United States wanted to do 
something about fraud, unfair, deceptive, and abusive acts, why 
do not we just make sure that the CFPB can do what we organized 
it to do rather than being attacked constantly by the opposite 
side of the aisle and the President of the United States of 
America? Would it not be just simple to allow them to do what 
we organized them to do?
    Mr. Rust. We should immediately restore full funding for 
the CFPB.
    Ms. Waters. Are you aware of the CFPB and how much money 
they have returned to consumers?
    Mr. Rust. The CFPB has returned over $19 billion to 
consumers. That is a direct way to benefit consumers. I cannot 
think of something that makes a greater difference than when 
you have been harmed and an agency is responsive the way that 
CFPB is.
    Ms. Waters. I consider this one of the most dangerous 
things that have been done by the President of the United 
States of America, with a clear message to consumers to say 
that he cares about the big boys who are ripping off and who 
are creating this fraud and does not care about the consumers 
whom we, on this side of the aisle, have tried to protect. We 
have worked very, very hard.
    I am so pleased that you are here today, that everybody is 
here today. Let the truth come out. Let the truth come out and 
people know where the fraud is really coming from and that the 
opposite side of the aisle is not doing a darn thing about it.
    Chairman Barr [presiding]. Well, reforming UDAAP would be 
helpful.
    The gentleman from Texas, Mr. Williams, is now recognized.
    Mr. Williams of Texas. Thank you, Mr. Chairman.
    I thank all of you for being here today.
    I am a small business owner in Texas, and for 57 years 
community banks and credit unions have kept me going every 
single day.
    Many scams targeting small businesses involve criminals 
impersonating vendors, bankers, or contractors, and these scams 
often start through spoofed phone calls, email promises, and PR 
social media messaging before the transaction even reaches the 
banking system.
    Once the payment is sent through wires or peer-to-peer 
transfers, it can be extremely difficult, as we have heard 
already, to recover these funds.
    So, Mr. McDade, how frequently are banks seeing this type 
of fraud against their small business clients, like myself, and 
what warning signs would small businesses look out for?
    Mr. McDade. Thank you for the question.
    Banks are, unfortunately, seeing this very often, and it is 
only increasing.
    Recently, we have seen very specific impersonation scams 
that are related, unfortunately, to the Paycheck Protection 
Program (PPP) loans that were taken out to help small 
businesses during COVID.
    A lot of that information is posted publicly in many 
places, and so the scammers are able to go out on the web and 
locate where these small businesses bank through their PPP 
loans.
    They can even go so far as to get who the individuals are, 
in many cases, working at these small businesses, their 
information. They can then call the banks representing that 
they are that person and learn who their relationship manager 
is.
    They will then spoof the banks' phone numbers and try to 
contact these small businesspeople to perpetrate fraud. They 
will get a text message saying: Did you send this wire to 
another company? Yes or no? They will respond no, and they will 
immediately get a call from somebody representing that they are 
the very bank that they bank with.
    Unfortunately, they are talking to a scammer and this 
scammer then will tell them: To make sure you are who you say 
you are, please read back the code that I am sending you. That 
code will be, unfortunately, a one-time pass code as the 
scammer is trying to access the person's account online and do 
an account takeover.
    This sort of activity is becoming rampant, and these 
impersonation scams are especially dangerous because they are 
also eroding the trust between the financial institutions and 
our own customers.
    What banks are doing in response is we are educating our 
customers. Our specific bank reached out to all of our PPP 
customers and let them know about this scam. We encouraged 
them, if you ever get a call or a text from our bank that does 
not seem correct, call your relationship manager back directly 
and talk to that person.
    I can tell you, from my experience on the CBA's Fraud 
Management Committee, it is not just our bank. It is all the 
banks on the committee who have small business relationships 
are seeing this exactly same thing, and the collaboration that 
the CBA brings between us is really helpful.
    Mr. Williams of Texas. Okay. Thank you.
    Community banks play an important role in protecting your 
customers from fraud, but they are also dealing with a growing 
wave of check fraud, including checks stolen from the mail, 
altered checks, and counterfeit cashier's checks.
    When fraud occurs, smaller institutions often have to spend 
significant time and resources investigating claims, navigating 
liability disputes between financial institutions, and 
attempting to recover funds, and that puts people like me on 
the back burner to get a loan that we may need.
    So, Mrs. Dempsey, when a community bank spends time and 
resources dealing with check fraud disputes, what does that 
mean for their ability to focus on serving customers, like our 
small businesspeople across this country, and lending in their 
communities?
    Mrs. Dempsey. Thank you for the question.
    You are correct. Check fraud, especially in a small bank 
like mine, takes a tremendous amount of time and the majority 
of the check, as Ms. McKune referred to, so many times the 
checks are of an amount that it is not going to engage law 
enforcement, and it is also not going to warrant us fighting 
legal battles to try and get that money back. So it is taking 
all that time to work through that process.
    I will say, for our bank, if you had a check stolen out of 
the mail, we give you money or give you credit back immediately 
to your account when you identify that. So we work really 
closely with our customers to not put them in a position of not 
having access to those funds but you are correct; it takes a 
tremendous amount of my time, from the CEO down to all of our 
operations department to our front line, in dealing with that 
daily and then working with those customers to do that, and 
that is time that we could use working with our small business 
owners, showing them new AI, new things that they can use, new 
payment systems that they can use to help them be more 
efficient and to grow their businesses.
    Mr. Williams of Texas. Thank you.
    Ms. McKune, I have a short time to go here, but in your 
testimony you highlighted the importance of consumer education.
    What types of outreach have credit unions found most 
effective in helping members recognize fraud attempts?
    Ms. McKune. Thank you, Congressman.
    We have tried to use multiple approaches to ensure that 
different messages are getting through and that the most 
important messages do not get lost in a lot of communications. 
So we often will put information in our social media, we will 
put information about active scams as banners on our website, 
as landing pages on our online banking but we also do a lot of 
work. We are a community development financial institution, and 
we do a tremendous amount of work in our communities to try to 
ensure that folks understand what risks are out there and how 
their accounts really work.
    Mr. Williams of Texas. Thank you. My time has expired.
    Chairman Barr. The gentleman yields.
    The gentleman from Georgia, Mr. Scott, is now recognized 
for 5 minutes.
    Mr. Scott. Yes. Thank you, Chairman.
    Mr. Rust, let us get to the heart of the matter.
    In your opinion, what is the level of damage this is doing 
to our overall economy?
    You mention a lot of this rests in what you refer to as 
this critical gap. What do you mean by that? What is the level 
of economic damage that our failure to address this critical 
gap that you talk about?
    Mr. Rust. Thank you for the question.
    Mr. Scott. What is the damage? Go ahead.
    Mr. Rust. We see reports of $16 billion in fraud losses, 
but research suggests that is possibly even 20 times less than 
the actual number because people feel shame, people do not know 
where to go, so they do not report it. The impact on their 
household is destabilizing, possibly crushing, so that affects 
our economy.
    The critical gap? I see a critical gap between the work 
that is occurring to stop some of these overseas criminal 
organizations that are already working to move money, money 
laundering, human trafficking, they are also doing scams. That 
is their new line of business, and we should be eliminating 
silos between consumer protection agencies and those agencies, 
and possibly we should also be thinking about when there are 
enforcement penalties for BSA/AML violations, that if there are 
scam victims involved, that should be a way that they receive a 
remedy.
    Mr. Scott. What do you feel we here in Congress can do 
about this? I mean, are we doing enough? Do we address this 
critical gap through legislation or is this a money problem of 
us not punishing these persons who are doing this wrongness?
    Mr. Rust. So, yes, sir, I believe this is a bipartisan 
solution. I believe there is bipartisan interest to fix this.
    Congress can do a number of things. They should refund the 
CFPB to begin with. They should restore the payment app rule, 
that would make a big difference. I think they should look at 
many of the solutions you have heard about, information sharing 
and giving more line of sight between institutions.
    Because all of this involves networks. This never is just 
the send side. It is always receive side as well. So we can 
make changes. Congress can do a lot.
    Mr. Scott. Yes. So you feel there is nothing more that we 
need to do as far as dealing with the Bank Secrecy Act itself? 
Are there things we need to do to make it stronger, or do you 
feel that the act is doing enough?
    Mr. Rust. Well, there is plenty that could be done on that 
side because that is where law enforcement, where those 
organizations are sharing information, receiving SARs, 
assessing problems, and highlighting it for other 
organizations.
    So, for example, the conversation about SARs is really 
central here, and providing ways for that information to 
highlight scams I think is critical.
    Mr. Scott. Well, thank you very much.
    I think we need to really focus on what we can do about 
this, because if we cannot deal with this, the critical gaps 
that you are talking about here, there are things we have got 
to do here in Congress to address this.
    So I appreciate your comments. Thank you.
    Mr. Rust. Thank you, sir.
    Chairman Barr. The gentleman yields.
    The gentleman from Michigan, the vice chair of the 
committee, Mr. Huizenga, is now recognized.
    Mr. Huizenga. Thank you, Chairman Barr.
    With readily available information and images that are out 
in the general public on the internet and other places, there 
are many, many people who are victims as both scam targets and 
as vehicles to go after those victims.
    A couple of years ago our office heard from someone whose 
mother was in an online relationship with an individual. I will 
call that individual Individual A. While using AI, the scammers 
put Individual A's face on a decorated military officer's body, 
put that face on someone who was being cared for in a hospital, 
and it is amazing, really, truly unbelievable how authentic the 
images looked, because I was Individual A.
    To be clear, there was no online relationship. It was 
someone who had taken my readily available information and my 
images and had used AI. I think it just demonstrates that, 
frankly, no one is above being caught up in those scams that 
are going on right now.
    Sadly, the individual's mother had sent thousands of 
dollars to someone in Vietnam. We worked with Facebook where 
the images had appeared to have them removed, but they kept 
reappearing.
    Mr. Schuster, I am curious, how much fraud originates 
actually outside the banking system entirely, such as with 
social media, telecom networks, or overseas criminal 
operations?
    Mr. Schuster. It is a great question. I think the majority 
of it.
    Financial institutions at the end of the day are just where 
the funds ultimately derive for the scams, for the fraud, that 
originates elsewhere.
    What used to be in a physical place that somebody was 
obtaining money is now all digital. Payments are faster than 
they have ever been.
    Those technologies that you are talking about are what are 
used to start fraud, and financial institutions need the 
abilities to do that pattern recognition. They need clear 
guidance.
    Their regulators need to permit them to use these 
technologies from a UDAAP perspective and other things, so that 
if there is something that is happening that happened upstream 
from the financial institution--which is where it originates--
they can address it.
    Mr. Huizenga. If most scams originate outside of financial 
institutions and payment networks, is it fair to place the 
majority of regulatory burden on those banks and payment 
providers?
    Mr. Schuster. I think it would be great if we gave those 
financial institutions and payment providers more tools even 
before we think about liability.
    I think that we are thinking about liability after a fraud 
or a scam has occurred. If there is something that they can do 
to help people prevent these types of things, that would be 
great.
    I also think that looking at some of those other areas that 
you have been discussing, social media and elsewhere, that is 
where there should be focus, too.
    Mr. Huizenga. I do want to hear from our bankers, as well. 
Very quickly, how do you think we can improve consumer 
education and outreach on fraud and scams?
    Mr. Schuster. I think that it is something that if 
financial institutions are given the tools, or less restraints 
with respect to how they can look at these items and what they 
can do to communicate with their customers from data that they 
have from other institutions, from their service providers, 
from financial institutions, they will be able to share more 
specific information and education with consumers that will be 
extremely helpful.
    Mr. Huizenga. How about Mrs. Dempsey and Ms. McKune?
    By the way, Ms. McKune, I am going to take point of 
personal pride here. My future daughter-in-law happens to be 
from Danville, Kentucky.
    For those of you not aware, Danville is quite a small town, 
as I understand. So I am looking forward to having her in the 
family soon, but what is your experience with your customers?
    Ms. McKune. One of the things that we think is really key 
is the ability to share information more broadly. When we are 
constrained, even in just dealing with our respective 
counterparts in the banking realm and financial institutions, 
the information we can share is limited and the information 
that would be helpful is often out of our reach.
    We are talking about a very time-sensitive exercise, and we 
are talking about something that happens really quickly, and 
with regulatory constraints on how long we can find a pause, 
that is difficult.
    I think it is worth exploring information sharing that goes 
beyond thinking about financial institutions because so much 
fraud originates in spaces for which we do not have a vantage 
point.
    Mr. Huizenga. Mrs. Dempsey, 10 seconds.
    Mrs. Dempsey. I would just concur. More information sharing 
is critical between banks.
    We have had experiences with banks where we call and they 
will not give us any information just because of fear of the 
sharing information, even though it should fall under the 
current regs now that they are able to share with us and they 
do not and then just she mentioned consumer education. We are 
constantly educating, whether it is through in-person, whether 
it is through luncheons, online, face-to-face. I have been on 
the radio. We have weekly articles in our local newspapers.
    So we are doing everything that we can to make consumers 
aware of the frauds and scams that are out there, but they 
change every day.
    Mr. Huizenga. Thank you. I yield back.
    Chairman Barr. The gentleman from California, Mr. Sherman, 
is now recognized.
    Mr. Sherman. Consumers face two kinds of rip-offs: those 
from big institutions that do provide a useful service but 
sometimes engage in misleading and confusing practices.
    The chief defense here was the CFPB, which provided almost 
$20 billion in returned money, $5 billion in civil penalties, 
$363 million back to veterans and that is just the retribution 
part. Think of the deterrence. Think of all the scams that 
never happened. Think of all the corporations that said, ``We 
will never get away with that.''
    So we should not defund those who police our streets. We 
cannot defund those who police the suites, the corporate suites 
but today's hearing tends to focus on the full-time criminals 
who provide no useful services at all, just rip people off.
    Mr. Rust, thank you, first, for the work of the Consumer 
Federation of America over the many decades. You have talked 
about the Suspicious Activity Reports that financial 
institutions file and the need to allow law enforcement to see 
patterns, to look not at just one item, but what is happening 
across the country.
    We could provide that the Suspicious Activity Report 
includes at least two identifiers, both a driver's license 
number and a Social Security number or a passport number.
    We could reduce the importance of the narrative portion of 
the report that cannot be correlated with other reports and go 
more to structured fields.
    What can we do to make sure that a Suspicious Activity 
Report does not just tell you about one instance, but allows 
you to link it with what is happening elsewhere?
    Mr. Rust. So this is about appending data and being able to 
see patterns. Structured information is great for searching. If 
you are familiar with the Home Mortgage Disclosure Act, that 
database, everything in it is searchable. It is all structured.
    If you are a local law enforcement agency working in a 
State, the ability to search for where that scam occurred is 
very valuable.
    The ability to see where funds have transferred across 
financial institutions, you need to be able to track account 
numbers, device IDs, things like that. Those are tools that law 
enforcement needs to build cases against these kinds of 
situations.
    So SARs are a tool where the underlying facts can lead to 
subpoenas that can lead to stopping the problems.
    Mr. Sherman. Thank you.
    I want to commend our ranking member for his idea that we 
need Know Your Customer to apply to all of the wallets, crypto 
wallets.
    One issue comes up where an entity impersonates a financial 
institution. Reuters claimed that Meta had 10 percent of its 
revenue, roughly $16 billion, derive from advertisements for 
scams and banned goods.
    Credit unions came to my office and identified a system 
where a scammer pretends to be your credit union or your bank, 
so you trust them, and all of a sudden you are wiring $500, you 
are giving out information. A lot of this comes from 
advertisements where Meta will let you pretend to be a 
financial institution when you are really not.
    Mr. McDade, what can be done to make sure that Meta and 
similar organizations are not running ads in the name of a 
financial institution when it is really a criminal?
    Mr. McDade. Well, I would first point to the SCAM Act 
sponsored by Representative Meuser. The reality is we are 
absolutely correct that one of the largest threats that we have 
is banks, the misinformation that happens outside of our 
control environment. Most of the scams----
    Mr. Sherman. And you live with Know Your Customer and Meta 
does not know anything about its advertiser.
    Mr. McDade. Well, that is correct. The study that you cited 
specifically notes that it is a situation where Meta is putting 
forth knowingly fraud information into the ecosystem.
    Mr. Sherman. Got you.
    I want to get one other thing, and that is we need payee 
matching so that when you wire money to account number 12345, 
because it is supposed to go to Santa Barbara escrow, that is 
an account of Santa Barbara escrow.
    Because we have seen again and again people lose their down 
payments, somebody is impersonating the escrow company, the 
title company, and all they have to do is scam you into their 
numbered account.
    Britain has payee matching. We need it, too. Several chairs 
of the Fed have said they would work on it and still have not.
    Chairman Barr. The gentleman's time has expired.
    The gentleman from Georgia, Mr. Loudermilk, the vice chair 
of the subcommittee, is now recognized.
    Mr. Loudermilk. Thank you, Mr. Chair.
    Before my remarks, I would like to submit this letter from 
the American Securities Association into the record. The letter 
stresses the importance of closer collaboration between 
financial institutions and law enforcement to combat fraud and 
scams. I would like to submit that for the record.
    Chairman Barr. Without objection.

    [The information referred to can be found in the appendix 
on page 147.]

    Mr. Loudermilk. Thank you, Mr. Chairman.
    I would be amiss if I did not bring up something that this 
committee has already done to help reduce fraud by removing the 
noise of nonapplicable data when it comes to looking for 
suspicious activities, and that was my Financial Thresholds 
Modernization Act, which modernizes the CTR and SAR process to 
reduce the burden on financial institutions so you can focus on 
what is actually suspicious activity versus what you identify 
as normal activity, and it reduces the proverbial haystack 
within the government so we can actually find the needle.
    So I encourage my colleagues on the other side to get on 
board and help us move through the House this important piece 
of legislation that I think will go a long way to help identify 
fraud.
    I have heard a lot about data sharing here today, and that 
is extremely important when it comes to collaboration between 
financial institutions and law enforcement and other entities, 
especially when we live in a day and age that the amount of 
data is unprecedented that is available and out there.
    When I worked in IT and security and in intelligence, it 
was not the thought of if the data was going to be hacked or 
disclosed, it was when. The idea is to just make sure that your 
data is more secure than the other data so they will go after 
the other person and so I think we have to be extremely 
vigilant.
    Mr. McDade, how can we strike the right balance between 
promoting necessary data sharing and avoiding excessive 
centralization of sensitive information, which could actually 
amplify the amount of sensitive data compromised in a breach?
    Mr. McDade. Thank you for the question.
    First, I would echo some of my colleagues saying a safe 
harbor for banks to share this essential information.
    When banks are interacting in the fraud space, we are on 
the same team, and our fraud fighters are all working together 
to try and stop a fraud or scam from happening.
    If we are prevented due to the amalgam of privacy laws that 
are being promulgated at the State level instead of the Federal 
level, it really creates a difficult situation for us to be 
able to communicate with each other.
    Additionally, one of the recommendations I made in my brief 
was to--and I believe Mr. Rust spoke to this as well--revise 
the SAR policy so we have a fraud signal report and this would 
not be something that is a lagging indicator, but as soon as we 
are aware a fraud happened, have a concise way to get the 
metadata associated with that fraud reported to law 
enforcement.
    If all the banks did that in the same fashion, they could 
immediately cross-reference that essential data and see the 
patterns and actually reach out and warn other banks that they 
might have fraudulent accounts, or even go upstream to the 
telecoms and social media accounts and let them know: We are 
seeing fraud on this phone number, or on this account, please 
take it down.
    Mr. Loudermilk. Well, thank you.
    One thing that I learned throughout my time in information 
technology and security is you do not have to protect data that 
you do not have and so only collect and hold that which you 
actually need, which, again, goes back to the modernization of 
CTRs and SARs.
    What role can technology, such as anonymizing or otherwise 
protecting sensitive data, play to help mitigate concerns over 
information sharing?
    Mr. McDade. I think it is essential to be able to anonymize 
the data in a way that protects the consumers while still 
giving the key data that is what we call in the industry fraud 
signals.
    These signals are pieces of information that if they are 
shared across can show a pattern of fraudulent activity and 
point back to the source where that fraudulent or scam activity 
is coming from.
    So while anonymizing our consumers' data is very important, 
the IP address, MAC address, and some of the other data coming 
from a fraudster's computer attacking our resources is 
something that we should be able to share with law enforcement 
at least, if not other banks.
    Mr. Loudermilk. All right. Thank you.
    I do not think I have time for my other question. So, Mr. 
Chairman, I will deposit my remaining time and hope that maybe 
I will earn interest for a future hearing.
    Chairman Barr. So deposited.
    The gentleman from Illinois, Mr. Casten, is now recognized 
for 5 minutes.
    Mr. Casten. We may have to apply a Howey test to that 
deposit.
    Thank you, Mr. Chairman.
    Thanks to all the witnesses for being here.
    I want to follow up on some questions that Dr. Foster 
raised at the start about bitcoin ATMs.
    The FBI has reported that Americans lost a third of a 
billion dollars in crypt scams--crypto ATM scams--in 2025. That 
was a 33 percent increase from the year before. The scams, as I 
think many of us know, particularly target seniors.
    I actually--this became personal--I got a call from a 
constituent earlier this month whose brother had lost $190,000, 
essentially all of their wealth, to one of these pig butchering 
scams.
    I do not know the details of theirs, but for people who are 
watching, it is more or less as you described, Mr. Schuster. It 
starts on a social media, maybe it is a dating app, maybe it is 
your Facebook page. ``I want to be friends. I am really 
attractive. You should talk to me. I have an investment plan.''
    You build these relationships and then pretty soon you need 
a little help to get out of a jam, or you have got an 
investment opportunity. ``Please go to the local crypto ATM and 
transfer me some money now that you trust me.''
    It has really, I think, taken advantage of the fact that 
social media is almost perfectly designed to make people 
believe impossible things, and crypto ATMs are almost perfectly 
designed to monetize that lie, because once you put it in 
there, the transaction is immediate, it is irreversible, it can 
use the ecology of the crypto system through mixers, through 
chain hopping, through anonymous wallets to make it 
untraceable.
    The stories are painful. I do not know, Mrs. Dempsey and 
Ms. McKune, I will let the two of you argue it out who wants to 
take this. I am curious how your members are dealing with this, 
because presumably they have to come to one of your banks to 
withdraw real money in the first instance.
    Any of you want to comment?
    Mrs. Dempsey. Yes. Thank you for the question.
    As I mentioned in my written testimony and today, it is 
rampant. We deal with it on the front lines. Like I mentioned, 
we have had multiple experiences where we have sat down with a 
customer and we pulled up, we literally pulled up Facebook and 
showed them the photo and they have told us, ``Oh, they told us 
you were going to do that.''
    We have shown them FBI reports. We do everything that we 
can from our end when we identify those to stop it and to 
inform them.
    As I mentioned, they are changing every week. I know every 
one of us could tell story after story of whether it is a pig 
butchering, an investment, whether it is romance, whether it is 
your child, your grandchild is in jail. All the things. We see 
it every single day.
    Mr. Casten. I do not want this to sound the wrong way; I am 
sure you do that for good and ethical reasons. You also would 
do that because you are bound by Know Your Customer rules, 
right? So if they are going to withdraw the money, you need to 
know something about who is the identity, what is the--all the 
registration and reporting requirements.
    Would you be supportive of rules that said let us apply 
those same rules to crypto ATMs, make them go through the same 
KYC rules so this is not all on you and your local bankers?
    Mrs. Dempsey. Personally, yes, I think everyone should have 
to know their customers because I think if you know your 
customers, there is a lot of fraud that could be stopped at the 
point of origination.
    Mr. Casten. Okay.
    I want to just point out that the Trump Administration has 
made some positive noises about this, but everything that they 
have done so far has been voluntary, and I think it is pretty 
clear that the voluntary standards are not working.
    We are seeing evidence that if one State has good rules and 
the other State has bad rules, the scammers will say,`` Hey, do 
not do this in Illinois, but drive across to Hammond, Indiana, 
and maybe use the crypto ATM over there.''
    So I would agree we need some policies, some Federal 
policies.
    Mr. McDade, if you will forgive me, I was looking on your 
website before we got here and I saw that at EverBank you do 
not allow people to do ATM withdrawals of more than $2,000 a 
day; I think a bit more if it is a PIN-based transaction.
    Is there any reason we should not employ those same 
standards for crypto ATMs?
    Mr. McDade. Every institution has their own risk tolerances 
and sets those risk tolerances appropriately for their 
institution.
    In my view, it would be similar to what was just said as 
far as the crypto ATMs. The difficulty is us being able to 
inform our customers that they are sending money to the right 
place and the right account, and the KYC rules assist with 
that, so on the other end we can see that this is going to a 
legitimate place.
    Mr. Casten. Well, I will just close with one last story, 
and I would welcome any of your input. We are trying to work on 
some legislative fixes, and if you have good ideas, please 
share them.
    One of the smaller towns that I represent does not have a 
super strong local economy. The mayor struggles to come up with 
enough money to pave the roads and most of their tax revenue 
comes from a very small set of convenience stores.
    One of the convenience store owners, his primary source 
of--his biggest source of revenue was a bitcoin ATM, and he 
took it out in spite of its importance to that community 
because he just kept watching seniors come in every day and 
make deposits and then come back later and ask how to get it 
out.
    I do not know how the people who do that look at their kids 
at the end of the day and say, ``You can be proud of what Dad 
did today'' but as our former colleague, Elijah Cummings, was 
fond of saying, ``We are better than this.''
    Thank you. Yield back.
    Chairman Barr. The gentleman from Pennsylvania, Chairman 
Meuser, who has done a lot of great work on this issue, is now 
recognized for 5 minutes.
    Mr. Meuser. Thank you, Chairman, very much.
    Thank you, certainly, to our witnesses.
    The FTC reported $12.5 billion which was reported in fraud 
losses last year. We, of course, know the real number is far 
higher.
    By the way, between 2021 and 2024, Congressional Budget 
Office (CBO) reported scams and fraud were up 110 percent under 
the CFPB's oversight. So doubling down on failure is pretty 
much the last thing that we are going to do to solve this 
crisis.
    Fraud and scam roundtables have been held by our 
committees, telecom companies have been invited in, tech 
platforms, hosting tele-town halls with community banks, 
working with us, with our U.S. Attorney General's Office, as 
well as State Attorney General's offices.
    We have been working at it since the beginning of this 
Congress, and we are making progress, and we are as determined 
to fight this crisis situation as you folks clearly are.
    To Ms. McKune, I would like to start the questioning with 
you. By the way, great testimony. I really appreciated what you 
had to say.
    From your experience, how effective is consumer education 
in preventing scams before money ever leaves a customer's 
account?
    Ms. McKune. Thank you for the question.
    We see this as an essential piece of how we are protecting 
our consumers. We absolutely have to have educated consumers 
because many times, as Mr. Rust has noted, there is so much 
shame involved in admitting that you have been scammed. That is 
one layer of the problem.
    The other is that these are--they call it social 
engineering for a reason. These are manipulations of people's 
vulnerabilities and the things that they worry most about.
    If we are in a position where they are not going to answer 
our questions, they are not going to tell us what is happening, 
the best tool we have, really, the very first tool has to be 
fundamental understanding and sophistication in consumers about 
the risks of fraud. It is why we are really supportive of an 
all-of-government approach and a top-down consumer education 
movement, because we do really see it as the essential first 
step.
    Mr. Meuser. So all of government, all of private sector are 
very holistic, and that is definitely the strategic plan.
    Mrs. Dempsey as well, great opening testimony. Thank you so 
much.
    When a customer walks into one of your branches after they 
have been deceived online, what options do you and other 
community banks realistically have to stop loss at that point?
    Mrs. Dempsey. Well, if they have already sent it there is 
not a lot that we can do at that point, if it has been outside 
our bank and what we have done.
    Ms. McKune as well, just education, the ongoing education 
of trying to inform them before of when they are coming in to 
get the money, of being bold enough--like I mentioned, we have 
got really strong relationships with our customers, so we know 
them. Our tellers do an incredible job of really just asking 
questions--``What are you doing with this? Why do you need to 
take this much out of the bank?''--and things of that nature.
    I know we have talked, too, about just an overall approach. 
So I want to highlight like with the ICBA, one thing we did 
with the U.S. Postal Inspection Service was to come up with an 
in-branch handout to give to consumers to educate them and to 
start a conversation on fraud and scams. So hundreds of 
thousands of those have been given out at almost a thousand 
banks and so anything that we can do to bring attention to it 
and to stop it before it happens.
    Mr. Meuser. Thank you very much.
    Mr. McDade as well, excellent testimony.
    How important would it be if social media platforms were 
required to verify advertisers and quickly remove scam ads once 
they have been reported?
    A number of you have referenced the SCAM Act. The SCAM Act 
will certainly be requiring this of social media companies with 
penalties that are appropriate.
    Go ahead, please.
    Mr. McDade. I would say it is essential. The reality is 
these scams originate outside of our bank's control 
environment, they, most of them--I believe there is a study out 
of Britain that said 80 percent of the scams that they were 
seeing in that country they alleged came from Meta as a 
platform.
    So when you take a look at that, we need to do something in 
order to have correct accountability in those places.
    Mr. Meuser. Okay. Excellent.
    You know, I was in New York City, we visited BNY Mellon and 
JPMorgan's fraud and scam prevention centers. They are spending 
millions, if not, with a ``B,'' billions, on tracking and 
preventing scams.
    Do you believe telecom providers and social media platforms 
are making the same level of investment to stop scams?
    Mr. McDade. Unfortunately, they are not. While we do try to 
partner as well as we can with the telecoms and the social 
media, the reality is since they do not bear any of the 
liability, they do not bear the responsibility as far as they 
are concerned.
    We have actually reached out to telecoms and asked them to 
have a ``this is a scam email alert'' on the phone just like 
you get ``this is spam.'' The truth of the matter is they are 
regulated for spam, they are not regulated for scams, and so we 
have not gotten the response that we need.
    Mr. Meuser. Thank you.
    I am almost out of time. Mr. Schuster, I had a question for 
you on what else, regarding preventing scam calls and texts 
from reaching consumers in the first place, but I am out of 
time. Perhaps we can talk about that offline.
    I yield back, Mr. Chair.
    Chairman Barr. The gentleman from Massachusetts, Mr. Lynch, 
is recognized.
    Mr. Lynch. Thank you very much, Mr. Chairman.
    First of all, I want to thank the panelists. You have all 
been terrific and thank you for your work on this issue.
    Honestly, I feel, though, that if this is Consumer 
Protection Week, we should probably drape the Capitol in black 
crepe because consumer protection is dead, it really is, based 
on what has been happening here lately.
    I honestly think that President Trump is ushering in the 
golden age of fraud with all the actions that he has done.
    Since January 2025--this is just his second term. We are 
not going to touch the stuff in his first term--the Trump 
Administration has undertaken unprecedented efforts to 
undermine the Consumer Financial Protection Bureau through 
systematic dismantling--the one agency that is charged with 
protecting the consumer.
    This is the one agency that Congress has identified and 
structured to protect the consumer. Yet the administration 
moved immediately to effectively shut down CFPB by declaring 
its funding structure unconstitutional, unlawful, in November 
2025, and it refused to seek additional funding from the 
Federal Reserve, which just would have starved the agency.
    On February 10, 2025, Acting Director Russell Vought issued 
a stop-work order instructing all CFPB employees to stop 
protecting American consumers and to not perform their work 
tasks as the agency announced it would run out of money by 
early 2026.
    The administration also moved to terminate nearly all CFPB 
staff. This is during the Department of Government Efficiency 
(DOGE) scourge. They canceled--the administration canceled 
about $100 million in employment contracts for those employees 
whose job it was to protect consumers.
    Although a Federal judge eventually ordered a pause of 
those actions in February, many of those employees, who were 
very valuable, very capable and qualified employees, were 
placed on administrative leave and were unable to perform their 
duties, and eventually many of them left because they felt they 
had such uncertainty.
    Remember, this is the agency that CFPB returned $19.7 
billion from people who had scammed consumers, put that money 
back in Americans' pockets, $5 billion, the amount of money 
that CFPB had imposed on civil penalties on companies and 
individuals that violate the law.
    Especially, and this is key, we do a lot of work at Fort 
Hood and some of these big bases, they recovered $363 million 
in monetary relief resulting from 30 million public enforcement 
actions that involved harm to servicemembers.
    They are not being paid enough to begin with, and these are 
a lot of young families that are barely making it; and also 
veterans, including six enforcement actions for violation of 
the Military Lending Act.
    So that is what Trump is eliminating, that ability.
    This is all--I am not even going to get into what the Trump 
family themselves are doing. This is the same time--so the 
Trump family launched Liberty Financial. This is Trump's sons, 
all of them, also Zach Witkoff, who is Steve Witkoff's son. 
They launched that at the same time that the Trump 
Administration eliminated the crypto crimes enforcement unit.
    So he goes into business in crypto, and then he eliminates 
the crypto crimes enforcement unit. Tell me that is not 
connected and he dropped enforcement on a ton of actions at the 
SEC and the CFPB. He rolled back a bunch of rules curbing scams 
at payday lenders. He delayed the implementation of the 
fiduciary duty rule.
    So he has done all of this to, as I say, to launch the 
golden age of fraud, removing enforcement.
    So, Mr. Rust, what do you think about our ability to 
conduct current enforcement actions and guardrails in order to 
protect consumers? Where do we stand right now given all that I 
have said?
    Mr. Rust. Well, it is true, it has been gutted, in so many 
ways.
    I think in the brief amount of time I want to highlight how 
they are not helping servicemembers, which is one of the things 
the Bureau has always done. There has not been a visit to a 
military installation. There have been no monitoring reports to 
prevent scams targeting servicemembers and veterans. No annual 
report to understand priorities or complaint trends. The 
dropping of the Navy Federal Credit Union enforcement action, 
and the MoneyLion settlement pennies on the dollar. The most 
recent Reduction in Force (RIF) plan would have left the Office 
of Servicemember Affairs with no staff.
    Mr. Lynch. Thank you.
    Thank you, Mr. Chairman. I yield back.
    Chairman Barr. The gentleman's time has expired.
    The gentlewoman from California, Mrs. Kim, is now 
recognized for 5 minutes.
    Mrs. Kim. Thank you. Thank you, Chairman, for holding this 
hearing and I want to thank our witnesses for joining us today.
    You know, in California, we are in the golden age of fraud 
with more types of fraud than Baskin-Robbins has flavors of ice 
cream. Sadly, our Governor, Gavin Newsom, has done little to 
stop this crisis.
    That is why I introduced the No More SCAMS Act that would 
create a Federal strike force dedicated to investigating fraud 
involving Federal dollars, bringing fraudsters to justice, and 
clawing back stolen taxpayer dollars for the American people.
    I believe that we can learn a lot from the private sector 
and the great tools that you have deployed to combat fraud and 
scams to put the consumers first.
    So I going to ask the first question to you Mr. McDade.
    How do banks leverage third-party fraud tools to work 
across financial institutions and prevent scams and fraud?
    Mr. McDade. Thank you for the question.
    Banks the size of EverBank, we are a mid-sized regional 
bank, we do have a national presence, and we do have a presence 
specifically in California.
    When we look at it; we do not necessarily have the 
resources to build our own AI constructs. We do not have the 
data scientists, necessarily, to do that.
    So we depend on groups like LexisNexis, Early Warning 
Services (EWS), and other consortium-based tools to help us 
find the fraud signals out in the environments that they touch, 
report those signals to us so we can collaborate back and 
forth, and risk rate transactions and risk rate potentially 
fraudulent customers that are trying to break into the fraud 
ecosystem, and they are essential partners for us.
    Mrs. Kim. That is exactly why we need to do something 
similar at the Federal level to streamline those efforts, 
right?
    Then there are third-party fraud fighters who are 
successful because they can dialog with different financial 
institutions and connect it from pieces of puzzle.
    Similarly, the task force that I envision through this 
legislation, the No More SCAMS Act, will be able to utilize the 
resources of the different Federal agencies and combine both 
the manpower and the information to track down those frauds.
    Mr. McDade, how does improved coordination across agencies 
can stop scams in the banking system?
    Mr. McDade. So we are calling for a national task force on 
fraud, and we think that one of the things we need is alignment 
across all the different agencies and all the different law 
enforcement entities.
    The reality is, as I talked about in my testimony, when a 
fraud report is made by a consumer there is not necessarily a 
specific agency that they can point to pick it up because 
different agencies have different mandates, and then you have 
the local law enforcement.
    I would say something to be done in that direction would be 
the GUARD Act that is being talked about, which is similar to 
the High Intensity Drug Trafficking Areas (HIDTA) program that 
I worked with as a prosecutor where we allow the Federal 
resources to partner with the State resources for these $20,000 
to $50,000 scams that are hitting our banks that do not rise to 
the level of Federal prosecution, but are multi-jurisdictional, 
and so there is a difficulty with law enforcement approaching 
them.
    Mrs. Kim. Thank you. Thank you.
    You know, one type of financial fraud that I particularly 
focus on is the credit repair scams. I serve as the co-chair of 
the Financial Literacy and Wealth Creation Caucus, and I have 
seen the damage of those scams on consumers who are exploited 
by false promises involving their credit scores.
    To that end, I am co-leading the Ending Scam Credit Repair 
Act to help end those types of scams and prevent bad actors 
from stealing money from hardworking American families.
    So, Mr. Chairman, I would like to ask for unanimous consent 
to submit this letter that I got from the American Financial 
Services Association emphasizing the need to end--the need for 
this type of legislation.
    Chairman Barr. Without objection.

    [The information referred to can be found in the appendix 
on page 150.]

    Mrs. Kim. I also have another letter from SIFMA to also----
    Chairman Barr. Without objection.

    [The information referred to can be found in the appendix 
on page 152.]

    Mrs. Kim. Thank you very much.
    Let me shift gears now. I want to also focus on romance 
scams and the work that is being done to cracking down on them.
    I was proud to lead the effort to have the Treasury 
Department identify romance scam facilitators in Cambodia as 
money laundering entities. While that was a great step in the 
right direction to crack down on bad actors, we must also focus 
on ways to prevent those scams at the point of attack as well.
    So, Ms. McKune, how are credit unions like Park Community 
using methods such as consumer education to prevent romance 
scams before--before--the money gets taken?
    Ms. McKune. This is part of our broad consumer education 
efforts. We are aware that romance scams are a problem.
    Not to make light in any way of the ways our members are 
victimized, but Keanu Reeves might need to come before the 
committee. Keanu Reeves is someone who gets pulled out as 
people posing as Mr. Reeves, and we have had multiple members 
who believed that they were in a relationship with Mr. Reeves.
    We know about them, we try to educate our members, and we 
move as quickly as we can when we see the signs of those.
    Chairman Barr. The gentlelady's time has expired.
    The gentleman from Texas, Mr. Green, is now recognized.
    Mr. Green. Thank you, Mr. Chairman.
    Mr. Chairman, the better name or better title for this 
hearing would be ``Fighting Fraud on the Front Lines: 
Challenges and Opportunities for Trump and the Trump 
Administration to Engage in Corruption.''
    Let me start by asking unanimous consent that certain 
articles be introduced into the record.
    The first is styled ``Melania Trump's meme coin architects 
accused of pump-and-dump fraud in lawsuit.''
    The second one is styled ``Trump meme coin down 96% as 
Bitcoin and meme coins slide,'' and I have a third. The third 
one has to do with Kristi Noem. ``Firm Tied to Kristi Noem 
Secretly Got Money From $220 Million DHS Ad Contracts.''
    Allow me to go through these articles very quickly. I think 
they paint a picture of corruption.
    The first is in The Guardian, the one styled--did I get 
unanimous consent, Mr. Chair, to introduce my articles? Mr. 
Chairman? Mr. Chairman?
    Chairman Barr. Without objection.

    [The information referred to can be found in the appendix 
on pages 155-168.]

    Mr. Green. Thank you.
    The article from The Guardian styled ``Melania Trump's meme 
coin architects accused of pump-and-dump fraud in lawsuit,'' 
reading it in various portions we find the language: The 
$MELANIA coins were released for just a few cents each on 19 
January, the day before Donald Trump was inaugurated. I am 
paraphrasing, and then it goes on to say: Within hours, this 
coin's price soared to $13.73.
    Then it goes on to read: However, it then collapsed almost 
as quickly and is now worth about 10 cents, less than 1 percent 
of its peak price. It goes on to add that at its peak it was 
worth $45.47. It goes down to $5.79.
    The article goes on to indicate: The Trump family has 
pocketed more than $1 billion--more than $1 billion--in pretax 
profits from several cryptocurrency-related products over the 
past 12 months.
    Then we have the second one, ``Trump meme coin down 96 
percent as Bitcoin and meme coins slide.'' Reading in part from 
the article: ``Last February, the coin's market capitalization 
stood at $3.5 billion, already well below its $14.5 billion 
peak on the eve of his second inauguration. Today, it has 
fallen to $1.78 billion.''
    Then it reads, in part, that the scale--they are talking 
about a pump-and-dump scheme here, it talks about the scale of 
this pump-and-dump scheme involving at least 15 
cryptocurrencies, included the $MELANIA currency. It indicates 
that, of course, the coin is down 96 percent in this scam.
    Now, let us move over to Secretary Noem. Secretary Noem, 
the article is styled: ``Firm Tied to Kristi Noem Secretly Got 
Money From $220 Million DHS Ad Contracts.'' $143 million has 
gone to a mysterious LLC Delaware company created just days 
before it was awarded a deal.
    The corruption that this administration has imposed upon 
the public, pocketing big money from pump-and-dump schemes, is 
unbelievable. When you read it, it is almost like reading a 
corruption story in some magazine.
    I am going to yield back the balance of my time, Mr. 
Chairman, but I think that these things have to be further 
investigated.
    Chairman Barr. The gentleman's time has expired.
    The gentleman from South Carolina, Mr. Timmons, is now 
recognized.
    Mr. Timmons. Thank you, Mr. Chairman and thank you to the 
witnesses for being with us today.
    Financial fraud and scams are becoming one of the fastest-
growing financial crimes facing Americans. Increasingly, these 
schemes are carried out by large-scale criminal networks 
operating overseas, often using sophisticated technology, 
coordinated infrastructure, and social engineering tactics that 
target Americans at scale.
    As these operations evolve, financial institutions are 
often the first line of defense. Banks and credit unions are 
responsible for detecting suspicious activity, protecting their 
customers, and coordinating with law enforcement.
    As fraud networks grow more complex and increasingly 
operate across borders, it raises serious questions about 
whether our current legal and regulatory frameworks are fully 
equipped to support the institutions working to stop these 
crimes.
    Mr. McDade, in your testimony you noted that the FBI 
received more than 850,000 IC3 complaints involving over $16 
billion in losses last year alone.
    Based on your experience, both in the banking sector and as 
a former prosecutor handling complex fraud cases, would you 
agree that a significant portion of these modern scams are 
being conducted by large organized criminal operations 
operating in foreign jurisdictions?
    Mr. McDade. Yes. The evidence is very clear that is 
happening. We get phone spoofs that are coming from overseas 
phones. Our bank is a primary digital bank, and we are able to 
often detect whether or not things are coming from overseas, 
and a large number of the fraud accounts that we see attempting 
to be open are from overseas.
    There has been some very strong media coverage about that, 
The New York Times and The Economist showing scam compounds as 
massive, organized crimes larger than, in some cases, the drug 
trade in Southeast Asia and Africa.
    Mr. Timmons. Thank you for that.
    How do these operations differ from the more traditional 
fraud schemes we saw a decade or two ago?
    Mr. McDade. Well, the reality is they are able to leverage 
at scale some of the techniques that used to be done piecemeal. 
They are gathering data from data breaches, they are gathering 
data from, as I said earlier, publicly available resources, 
such as the PPP lending site, and they are cross-referencing 
those, we believe, using artificial intelligence and machine 
learning, in order to create profiles that they are able to 
know a great deal about the individual customers they are 
approaching and take a focused effort with knowledge of how 
that customer normally transacts in order to fool them into 
believing that they are a trusted source as they approach them.
    Mr. Timmons. So technology is largely to blame for the more 
sophisticated version of scams and frauds?
    Mr. McDade. The scammers and fraudsters are using 
technology at scale is what we are observing.
    Mr. Timmons. Is it fair to say that 20, 30 years ago, if 
you were to engage in this, it is going to be on a small scale, 
and you are going to have a higher propensity of getting caught 
by law enforcement?
    Mr. McDade. I would say that it is much easier for them to 
avoid law enforcement because they can have anonymity online as 
they are doing this work.
    Mr. Timmons. Well, it is not that they have anonymity. It 
is that we do not have the jurisdiction to pursue criminal 
charges and hold them accountable. Is that fair?
    Mr. McDade. That is fair to say. When they are 
multinational, it is much more difficult to have prosecution.
    Mr. Timmons. We can use the resources that we have to 
address attribution. It is not easy, but we have the ability to 
figure out who is engaging in certain scams. Is that correct?
    Mr. McDade. At times it is possible that we can point to 
specific areas and specific individuals overseas.
    Mr. Timmons. Do you know of any other area of crime that 
the U.S. Government just does not enforce? I mean, we have the 
ability to hold these people accountable in foreign 
jurisdictions, we just do not do it.
    I mean, is that fair to say? I mean, we could figure out 
who is engaging in $16 billion worth of fraud, and we could 
hold them accountable, but we choose not to.
    Mr. McDade. I cannot really speak to the specific efforts 
that are happening there, but I would agree that everybody 
agrees that more attention to fraud and scams in a more 
significant approach is absolutely necessary.
    Mr. Timmons. Obviously education to make Americans protect 
themselves better is huge. I mean, everyone is susceptible to a 
certain degree. I just feel like the Federal policies should 
address that and should say, if you are engaging in organized 
crime, we are going to attempt to arrest you. If you are in a 
nonextradition country, we are going to use other tools in our 
toolbox.
    The President's favorite word is tariffs, and he could say: 
All right, we are going to make the victims whole, and then we 
are going to impose tariffs to recoup our losses, or you can 
just give us the person that committed the crime.
    I mean, so we do have the ability to hold these people 
accountable and to make the victims whole, but we choose not to 
do that. I mean, we could hold organized crime accountable in 
Eastern Europe and Southeast Asia, but we choose not to. Is 
that fair?
    Mr. McDade. I would just say that banks would welcome any 
resources the Federal Government wanted to bring to bear to 
help stop this epidemic of fraud and scams.
    Mr. Timmons. Well, I could not agree--we need to get our 
act together.
    I appreciate you all being here today.
    With that, I yield back.
    Mr. McDade. Thank you.
    Chairman Barr. The gentleman yields.
    The gentleman from Wisconsin, Mr. Fitzgerald, is 
recognized.
    Mr. Fitzgerald. Thank you, Chairman.
    Thank you for being here today. I know it has been a couple 
hours, so I appreciate that.
    So I was at a bank in my district last week, a prominent 
bank in southeastern Wisconsin, and we had a very good 
discussion with staff at that bank about fraud and then we had 
credit unions this week in DC. So I talked to a number of 
people about it.
    I do not think this topic came up. Maybe it did. Maybe it 
touched on it this morning. I have got Judiciary going on as 
well but in both of those instances there was a component of 
this which is related to family members that actually are part 
of the fraud, or sometimes bilking, for the most part the 
targets are adults, and it is another family member is having a 
discussion about one of their accounts. It is not until kind of 
the front line, which is oftentimes the person working at the 
credit union or the bank that is in a teller position, that 
kind of realizes something is not right.
    So I was just wondering if I could just get a thought on 
the family aspect of this, and certainly law enforcement. I 
mean, they do not want to get involved in any of these fraud-
related scams that are nationwide, but when it includes a 
family member it is even more hands-off, is what I am being 
told. I am wondering if you believe that is the case.
    Mrs. Dempsey?
    Mrs. Dempsey. Not in our community and that falls, for us, 
it sounds like, more under Adult Protective Services when we 
see family members that are taking advantage of an elderly 
grandparent or aunt or uncle or things of that nature. I am not 
sure if that is what you are implying.
    Mr. Fitzgerald. Yes. That is what the discussion is about.
    Mrs. Dempsey. Yes, or a caregiver that has gotten control 
as an authorized signer on their account or something of that 
nature.
    So for us in Tennessee we have also got very good laws to 
help us with elder abuse and prevention and protection. So we 
have a good relationship with our law enforcement and Adult 
Protective Services when we recognize that and see it 
happening.
    Mr. Fitzgerald. Very good.
    Mr. McDade?
    Mr. McDade. I would echo the fact that we would approach 
adult and family services within our eldercare program when we 
do detect something that could indicate someone is being taken 
advantage of by somebody close to them.
    There are processes to do that. It is usually through the 
State's Attorney General's Office in the various States that we 
do business in, and we regularly make those reach-outs when it 
is appropriate.
    Mr. Fitzgerald. Very good.
    Ms. McKune?
    Ms. McKune. I want to note that one of the things that I 
think can give law enforcement some trepidation is how very 
complex these situations are.
    They rely heavily on us to try to unwind and figure out 
what is going on. We lean into our tellers in our branches when 
they have good relationships and know some of the dynamics, but 
it is unquestionably true that vulnerable folks are vulnerable, 
and that can be family members, that can be people they have 
designated as powers of attorney, et cetera.
    So we do as much as we can to package the information to 
say this is why we believe this is what is going on.
    Mr. Fitzgerald. Very good.
    Mr. Schuster?
    Mr. Schuster. Thank you.
    It is a great question. I think you are hearing that 
financial institutions are doing a lot to identify these 
frauds. They are many times, on the front lines, identifying 
where there are family fraud, potential elder abuse, and 
reporting that, and that helps.
    This is not something that the CFPB is doing. This is 
financial institutions themselves and having laws that restrict 
their ability to stop these types of things are where there are 
impediments to continuing to help consumers.
    Mr. Fitzgerald. Very good.
    Mr. Rust, I do not know if you have a comment on that 
topic.
    Mr. Rust. I agree with much of what has been said, but I 
also want to emphasize the size of reporting. If the amount is 
only $2,000 or $3,000, which is still plenty, that needs to be 
routed up to law enforcement.
    I think a whole-of-government approach to public 
infrastructure surrounding complaints. People should not have 
to know which agency they should complain to. That information 
should be, if it ends up in the wrong agency, shared with the 
correct agency with the kind of customer service relationship 
work that the Bureau has always shown.
    Mr. Fitzgerald. Very good.
    Thank you so much. I yield back, Chairman.
    Chairman Barr. The gentleman yields back.
    I would like to thank all of our witnesses for their 
testimony today. We have come to the end of this hearing.
    Without objection, all members will have 5 legislative days 
to submit additional written questions for the witnesses to the 
chair. The questions will be forwarded to the witnesses for 
their response.
    Witnesses, if you could please respond no later than April 
9 if you do get such written questions.

    [The information referred to can be found in the appendix.]

    Again, I want to thank all of our witnesses for your 
excellent testimony and contributions. I think we heard a lot 
of good recommendations here to deal with this multi-billion-
dollar problem for the American people and hopefully we can 
make progress. Thanks for all the great work that you all do 
protecting your customers and the American people.

    This hearing is now adjourned.

    [Whereupon, at 12:02 p.m., the subcommittee was adjourned.]

                                APPENDIX

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