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Abstract

Employees who deviate from established rules at work face suspension or termination from their employment. Yet, knowing these dire consequences employees may still find themselves walking on a different path of business policy. Most employee wrongful conduct is done with the specific intent of benefitting the employee. In some cases, the authorities are brought in to intervene and criminal charges are brought against the employee, as in the case of embezzlement. Some acts are done by employees who do not believe in their company’s rules and are willing to deviate from them, not for their own benefit, but rather for the benefit of others. These employees are simply terminated.

When a loan officer fails to follow established bank-regulations is that an employer/employee discipline matter or a violation of federal law? Most observers would not have a problem criminally punishing a loan officer who personally benefits from such wrongful conduct. Such an act could progress to criminal charges under Section 18 USC Section 1344 punishable by a maximum fine of $1,000,000 and 30 years imprisonment.

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