NCJ Number
126263
Date Published
1990
Length
73 pages
Annotation
While the Bank Secrecy Act is the only statutory area in which banks, as institutions, have been prosecuted for various crimes, Federal prosecutors have used other statutes to bear against violations committed by bank officers, directors, and employees.
Abstract
The Bank Secrecy Act itself defines "financial institutions" that are subject to the Act and its regulations including reporting requirement, recordkeeping requirements, and records accessibility. The statutory provisions against bank bribery, encoded in the Comprehensive Crime Control Act of 1984 and amended in 1986, are discussed. A section on misapplication differentiates between misapplication and embezzlement and outlines the specific elements of misapplication. False entries in bank records and reports constitute another area of bank crime when the defendant has the intent to defraud, injure, or deceive. False loan and credit applications are considered bank crimes when there is requisite intent, materiality of false statement, and knowledge that the statements made are false. Mail and wire fraud cases are committed using bank statement mailings, exploiting the "float," fictitious banks, and credit cards. Finally, the scope of the statute against bank fraud and the case law applying the statute are examined. 272 notes.