Burned Once Using KRIs to Avoid Litigation and

Burned Once… Using KRIs to Avoid Litigation and Vice Versa Joan R. Dindoffer VP and Chief Compliance Officer Private Fiduciary Services Comerica Bank Detroit, Michigan (313)222 -9386 jrdindoffer@comerica. com March 31, 2010 Note: The views expressed are those of the presenter, and not Comerica.

Burned once, shame on you. Burned twice, shame on me. • Learn from mistakes. – Litigation – Complaints – Audits – Regulatory Exams – Media Reports – Reported Cases

Pay attention to potential risks at each step in the life of an account. • Account Acceptance – Assets – Expectations – Circumstances of appointment • Account Reviews – Initial Post Acceptance & Annual – Administrative & Reg 9 • Discretionary Distributions • Complaints • Litigation

No surprises! • All the signs were there: – Account Reviews – Discretionary Action Minutes – Complaint Logs

Caution Signs • • Concentrations Own bank stock Other conflicts Alternative investments Closely held assets Real estate Performance Depletion of principal

It’s not always what it seems. Also look for these red flags: – – – Family dynamics Squabbles over tangible personal property Step families Substance abuse Spendthrifts Significant distributions Unequal distributions Depletion of principal Liquidity needs Account pledged as collateral for bank loan Difficulties with prior trustee

T. A. R. P. (the kind you CAN control) • Track and Trend – Track by officer, market, business unit, product line, amount of exposure, how surfaced – Trend over each of these criteria • Analyze for pervasiveness and root cause • Report to management and independent compliance oversight committees • Program changes to mitigate risk including enhancements to systems, policies & procedures, controls, and training.

Identify the ROOT CAUSE of the complaint, loss, or claim. • Customer service • Investment performance • Appropriate investment objective and adherence thereto • Poor administration • Documentation • Communication

Sample Forms

Analyze the problem. Is it Systemic? • Fix System • Revise Procedures/Process Pervasive or Potentially pervasive? • Look for system defects • Policy, procedure & process gaps • Widespread unfamiliarity with policies • Flagrant disregard of policies Isolated? • • No perceived issue Individual training Supervision Conscious business risk

Jump into action, before history repeats itself. • Immediate claims -best controlled with prompt attention. • Extrapolate globally to: -Fix systems -Address control gaps -Enhance policies and procedures -Train -Sensitize management to business risks -Address identified pockets of personnel and supervisory issues.

When all else fails • Follow these common sense axioms from “Poor Joan’s Almanac. ” (With apologies to Ben Franklin. )

“Mean what you say, and say what you mean. ” • Make sure you are following the terms of the governing document, including all amendments, codicils, and court orders. • Make sure you follow your policies and procedures. Don’t establish unrealistic standards. • Follow through on correspondence. Under promise, over deliver.

“Document, Document. ” If it’s not in writing, it doesn’t exist.

“Keep your friends close, and your clients even closer. ” • • • Know your customer. Know the family dynamics. Be alert to changes in habits. Over communicate. Verify client authorizations.

“Two heads are better than one. ” • Dual control over – Security of physical assets, medallion stamps, checks. – Secondary approval of address and statement changes. – Oversight of transaction processing • Trading errors • Wire instructions • Reconciliations

“Work smarter, not harder. ” Complaints, Losses & Litigation Prevent Implement Mitigating Strategies Report, Track Trend & Analyze for Themes • Policies • Controls • Training Predict Risk & Establish KRI’s

Questions and Comments Thank You!