United States Attorneys' Manual Title 9: Section 9-40.100 et seq.: Misapplication, Embezzlement and False Entries, November 5, 1985 edition (From Banking Crimes: Fraud, Money Laundering, and Embezzlement, P App 3.1 - App 3.22, 1988, by John K Villa -- See NCJ-117693)

• NCJ Number: 117702
• Author(s): J K Villa
• Date Published: 1988
• Length: 22 pages
• Sale Source: Clark Boardman Company, Ltd
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

Federal banking laws pertaining to misapplication, embezzlement, and false entries are explained in this text intended for use by United States Attorneys.

Abstract

The laws are designed to preserve and protect banks' assets. They apply only to officers, directors, agents, employees, or others directly connected with the financial institution. Forms of misapplication include bad loans, dummy loans, brokered loans, bond swapping, check kiting, and misuse of compensating balances. The essential elements of the crime are the position of the accused person, the type of institution, the willfulness of the misapplication, and the intent to injure or defraud the institution. False entries involve the entry and the intent to defraud or deceive. The law pertaining to unauthorized transactions prohibits the unauthorized making, drawing, issuing, putting forth, or assigning any note, debenture, bond, or other obligation and does not explicitly require an intent to injure or defraud. However, a recent appellate decision and proposed legislation make intent an element.