To Enable the Financial Industry and Investigative Agencies to Collaborate, Disrupt Financial Crime, Hold Financial Criminals Accountable, and Protect the Financial Assets of the Senior Citizens and Vulnerable Adults of Idaho
Instructions:
Suspected Financial Exploitation Reporting Form: Read the following definitions and disclosures, and when ready, use this form to file the report.
Follow-up Report: Fifteen (15) business days after the temporary hold was put in place, please use this form to file a follow-up report to provide the status of the hold and to supply additional information as necessary.
Definitions:
Section 67-2763 (1)
The Idaho Commission on Aging and the Department of Finance.
- The wrongful or unauthorized taking, withholding, appropriation, or use of a specified adult’s funds or securities; or
- Any act or omission by a person, including through the use of a power of attorney, guardianship, or any other authority regarding a specified adult to:
- Obtain control through deception, intimidation, or undue influence over a specified adult’s money, assets, or property; or
- Convert a specified adult’s money, assets, or property.
- State or federally chartered bank, savings bank, savings and loan association, thrift institution, holding company, credit union, or credit union service organization;
- Regulated lender subject to the provisions of the Idaho Credit Code, Title 28, Idaho Code;
- Collection agency, credit counselor, debt counselor, or credit repair organization subject tot he provisions of the Idaho Collection Agency Act, Chapter 22, Title 26, Idaho Code;
- Mortgage lender, mortgage broker, or loan originator subject to the provisions of the Idaho Residential Mortgage Practices Act, Chapter 31, Title 26, Idaho Code;
- Money transmitters subject to the Idaho Money Transmitters Act, Chapter 29, Title 26, Idaho Code;
- Escrow agency subject to the provisions of the Idaho Escrow Act, Chapter 9, Title 30, Idaho Code; or
- Broker-dealer or investment adviser subject to the provisions of the Idaho Uniform Securities Act (2004), Chapter 14, Title 30, Idaho Code, or person licensed or registered as a broker-dealer or investment adviser pursuant to federal law or the laws of another state and doing business in Idaho.
- A broker-dealer as defined in Section 30-14-102, Idaho Code;
- An investment adviser as defined in Section 30-14-102, Idaho Code; or
- A financial institution.
- A natural person sixty-five (65) years of age or older; or
- A natural person eighteen (18) years of age or older who a reporting person reasonably believes has a mental or physical impairment that renders such natural person unable to protect his own interests. A reporting person’s reasonable belief may be based on facts and circumstances observed in the reporting person’s business relationship with the natural person.
Confidentiality and Liability Disclosures:
Section 67-2763 (2)(b)
Any report of disclosure made to authorized agencies pursuant to this subsection shall be confidential and is subject to the confidentiality requirements of Section 30-14-607, Idaho Code. The name of the reporting person shall not be revealed to any person outside of the authorized agencies without the permission of the reporting person.
Section 67-2763 (7)
A reporting person that exercises good faith in making disclosures, releasing a temporary hold, or providing access to records pursuant to the provisions of this section shall be immune from any administrative or civil liability that might otherwise arise from such activities except when it is proven, by clear and convincing evidence, that the reporting person acted in bad faith with the specific intent to harm the specified adult. For the purposes of this subsection, “bad faith” means a dishonest belief or purpose, untrustworthy performance of duties, or a fraudulent intent.