National Trial Lawyers Top 100 badge for Heath Hyde
Hopkins County Best of 2025 award badge for Heath Hyde
Free Consultation 24/7

How Are Borrowing Base Certificates Investigated?

Loan documents and a fountain pen beside a financial district.

Table of Contents

Loan documents and a fountain pen beside a financial district.

Bank Fraud · Evidence

How Are Borrowing Base Certificates Investigated?

How loan agreements, receivable records and draw approvals help distinguish inaccurate collateral reports from deliberate misrepresentations.

By Heath Hyde · East Texas and statewide

Mr. Heath Enix ‘Heath’ Hyde
Eligible to Practice in Texas
Attorney at Law
Bar Card Number: 00796807
TX License Date: 11/01/1996
Primary Practice Location: Sulphur Springs, TX and Dallas, TX
214 Connally St Ste A
Sulphur Spgs, TX 75482-2612

The number on a borrowing-base certificate comes from the borrower’s receivables or inventory. It is supposed to reflect collateral that qualifies under the loan agreement. If investigators challenge that number, the agreement and the records behind the certificate matter more than the total alone. Counsel needs to work out which entries were wrong, who submitted them and whether that person knew they were false when seeking credit.

Rebuild the certificate for each draw

Start with the draw date. Pull the agreement then in effect, including amendments, and match it to that day’s certificate. The supporting file should include receivable-aging reports, credits issued to customers, inventory locations, field-examination reports, audit exceptions and approval of the draw. A newer version of a report may give a different answer.

An investigator may describe the result as “inflated collateral.” Ask what makes up that amount. An invoice entered twice is not the same problem as an invoice for a sale that never happened. Other entries may involve an old debt, returned goods, a customer dispute, a related company or a classification mistake. Separate those categories and rebuild the schedule as of its cutoff date. Include any documented exception the bank approved.

Trace each disputed invoice

An invoice number is a useful starting point for comparing the two sides’ calculations. Beside it, counsel can enter the contract amount, shipping record, customer’s acceptance and money collected. Which entry does the prosecution dispute? Why would it be ineligible? The same line can identify the employee responsible and any message telling the bank about the problem.

Payment after the draw belongs in a separate column. It may reduce the loss being alleged, but a later collection cannot tell us whether the person submitting the certificate knew it was false at the time.

What belongs in the invoice file?

Was there a sale?
Find the contract and records of shipment, customer acceptance and payment.
Could this invoice be counted?
Use the agreement for that draw, the invoice’s age, customer credits and any approved exception.
Who knew about the entry?
Identify who prepared and approved it. Keep messages showing what the bank was told.
This is an illustration of a records review, not a client’s file or a finding of fraud. Each discrepancy still needs to be investigated.

Check exceptions and data changes

A field examiner’s open question can be mistaken for an exception. It may mean only that the borrower has time to provide an answer. Before treating the receivable as approved collateral, locate the approval itself. Also check what the credit committee had been told before the draw.

Check the audit’s definition of eligible collateral against the dated agreement. The audit may be using a rule adopted after the draw.

A change of accounting software can also explain a duplicate. If the business moved to a new enterprise resource planning (ERP) system, keep the migration logs and support tickets from the vendor. Then find the original invoices. “The migration did it” is an explanation to test, not a conclusion: there may be a real invoice imported twice, or no original invoice at all. The records for each transaction help counsel tell the difference.

Source

Office of the Comptroller of the Currency, Asset-Based Lending, for borrowing-base monitoring, eligibility reviews and supporting collateral records. This bank-supervision guidance does not determine criminal liability.

Related resources

To discuss representation, contact Heath Hyde or call 903-439-0000. Representation begins only after the firm agrees to take the matter.

Heath Hyde, Texas criminal defense attorney

About the attorney

Heath Hyde, Attorney at Law

Former Dallas County prosecutor. More than 400 state and federal jury trials and more than 100 murder cases. Licensed by the State Bar of Texas (Bar No. 00796807). Heath Hyde, P.C. is based in Sulphur Springs and represents clients across East Texas and statewide.

Legal information, not legal advice. Every case depends on its own facts; no result can be guaranteed. Read Heath's full biography.

Meet Heath Hyde - Your Federal Criminal Defense Attorney

Why Hire Heath Hyde?

Nationally Recognized

Named 100 Top Trial Lawyers in the United States & “Rising Star” in Dallas’s D Magazine ​

Results Focused

Tried the largest healthcare fraud case to go to trial in the United States

Experienced

Handled federal cases nationwide & represented clients in 53 different counties in Texas

Connected

Connected with a team of specialists that can handle any criminal issue throughout the country

Get Started on Your Case Today

Heath represents clients in all stages of federal investigations, from initial notice to trial and appeal. Most clients approach Heath in times of crisis, typically after being notified of a criminal investigation or an indictment. Don’t hesitate to get in touch with the Experienced Federal Criminal Defense attorney at Heath Hyde for a free consultation 24/7.