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Banking Law
 
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


1-12 Banking Law 12.syn


Title

Crimes Related to Banks

Author

Professor Dennis Lassila;Kenneth M. Lapine, Esq., Partner, Roetzel Andress, Cleveland, Ohio;Burton V. McCullough, Esq., Los Angeles, California;Paul S. Pilecki, Esq., Partner, Winston & Strawn, Washington, D.C.;Harold Weisblatt, Esq., Murrieta, California

Chapter Summary


ABSTRACT TEXT:

Bank officers, directors, employees, and agents are subject to both civil and criminal liabilities should they engage in conduct that banking laws prohibit. This chapter covers various bank-related crimes, including receiving gifts for procuring a bank loan or better terms; embezzling, abstracting, or misapplying bank funds; certifying a check before the covering amount is regularly deposited, or otherwise evading certification requirements; aiding and abetting in the violation of a federal statute against embezzlement, abstraction, or misapplication of bank funds; making a false entry in any book, report, or statement with the intent to injure or defraud; knowingly making or inviting reliance on a false statement; knowingly making a false statement, or willfully overvaluing any collateral, for the purpose of influencing the actions of insured depository institutions or certain government banking or lending agencies; and knowingly executing a scheme to defraud a financial institution or to obtain property under the control of a financial institution by means of false or fraudulent pretenses.

This chapter also covers money laundering, discussing the scope of the problem as it relates to banks and the Bank Secrecy Act of 1970. This statute, and its subsequent major legislative amendments and additions, requires that banks compile certain records and make particular reports for the purpose of detecting and monitoring money laundering activity.

The Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990 establishes several new bank-related crimes, including concealing assets from a conservator or a receiver, prohibiting convicted felons from controlling or participating in an insured institution, obstructing bank examiners, and being a financial crime kingpin. This chapter discusses these crimes, as well as the statute's amendments to preexisting legislation.

In addition, this chapter discusses prohibited and improper loans, such as loans to a bank's own officers, directors, agents, employees, or stockholders. The chapter concludes with a discussion of fraudulent insolvency and the receipt of funds after insolvency.

Banking Law provides an in-depth analysis of all aspects of banking law and includes detailed discussions of the statutes and regulations governing banks and other financial intermediaries. It covers the organization, operation, examination, regulation, powers, and liquidation of commercial banks; the legal requirements regarding structural changes; the operations of commercial banks; the examination of commercial banks by federal regulatory agencies; and the impact of the federal income tax and the security laws on banks. It consolidates this vast body of law into one comprehensive treatise that is an essential tool for the banking law practitioner.

CORE TERMS:

Banking law,bank crimes,bank officer liability,bank director liability,bank employee liability,bank-related crimes,embezzling bank funds,abstracting bank funds,misapplying bank funds,aiding and abetting,false entry,false statement,willfully overvaluing collateral,defraud,false pretenses,fraudulent pretenses,Bank Secrecy Act of 1970,Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990,concealing assets from a conservator or receiver,convicted felons,obstructing bank examiners,financial crime kingpin,prohibited loans,improper loans,fraudulent insolvency,receipt of funds after insolvency,money laundering,wrongful certification of checks

RELATED CHAPTERS: (View)

Chapter 13 covers banks and money laundering. Appendix 13A contains forms related to banks and money laundering. Chapters 103 and 105 discuss fraudulent activities.

OTHER RELATED PUBLICATIONS:

For discussion of secured lending transactions, specialized collateral and reorganizations, and other legal and financial issues, including loan workouts, see CommercialFinance Guide (Matthew Bender).

For analysis of commercial loan documentation and the innovations occurring in institutional lending, see Commercial Loan Documentation Guide (Matthew Bender).

For discussion of the controlling law and expert analysis of letters of credit, see Letters of Credit (Matthew Bender).
 
 
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