Bank Insider Crimes in Miami: Embezzlement, False Entries & Bank Bribery

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Theft or Embezzlement by a Bank Employee (18 U.S.C. § 656)

Under Pattern Instr. O22 (Elements), the Government must prove:

1. You were an officer or employee of the bank.
2. The bank was insured by the FDIC.
3. You knowingly and willfully embezzled or misapplied funds or credits belonging to the bank or entrusted to its care.
4. You intended to injure or defraud the bank.
5. The amount was more than $1,000.

Penalty: up to 30 years and a $1,000,000 fine; if the amount is $1,000 or less, up to 1 year.

False Entry in Bank Records (§ 1005)

Under O37 (Elements): you made, or caused to be made, a false entry in a book or record of an insured bank; the entry was material, meaning it had the capacity or natural tendency to influence the bank's operations; and you made it knowingly and willfully, knowing it was false and with intent to defraud or deceive. Nobody has to have actually been deceived. Penalty: up to 30 years and a $1,000,000 fine.

Bank Bribery (§ 215)

Giving a bribe (O6.1, Elements): you gave, offered, or promised something of value; knowingly and corruptly, intending to influence or reward an officer, director, employee, agent, or attorney of a financial institution in connection with its business; and it was worth more than $1,000.

Taking a bribe (O6.2, Elements): as a bank officer, director, employee, agent, or attorney, you solicited, demanded, accepted, or agreed to accept something of value, knowingly and corruptly, intending to be influenced or rewarded; and it was worth more than $1,000.

"Corruptly" means knowingly and dishonestly, for a wrongful purpose. Penalty: up to 30 years and a fine of up to $1,000,000 or three times the value of the bribe, whichever is greater; if the value is $1,000 or less, up to 1 year. The law does not apply to bona fide salary, wages, fees, or reimbursed expenses paid in the usual course of business. "Financial institution" is defined broadly and includes insured banks, insured credit unions, and mortgage lending businesses.

Related Charges and Deadlines

• Bank fraud (§ 1344), a scheme to defraud a financial institution or obtain its property by false pretenses, carries up to 30 years and a $1,000,000 fine. See Economic Crimes.
• Ten-year limit. The general federal limit is 5 years, but §§ 215, 656, 1005 and 1344, and mail or wire fraud affecting a financial institution, can be charged up to 10 years after the offense.
• Identity theft add-on. Sections 656, 1005 and 1344 are among the crimes that can trigger a mandatory consecutive 2-year aggravated identity theft count.

Defense Themes

• Intent to injure or defraud. Policy violations, sloppy procedures, and good-faith judgment calls are not crimes without intent to injure or defraud.
• Who made the entry and who had system access.
• Materiality of the entry.
• Gift versus bribe, and bona fide compensation.

What to Do First

1. Don't sign a statement for bank security or investigators without a lawyer. Internal interviews can end up with prosecutors.
2. Don't access bank systems or records after you are suspended.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

The bank fired me and wants me to sign a statement. Should I?

Talk to a lawyer first. What you sign for the bank can be used in a criminal case.

I gave a loan officer a gift. Is that a crime?

Only if it was given knowingly and corruptly to influence or reward the officer. Context and value matter.

It happened eight years ago. Can I still be charged?

For these bank offenses, the limit is generally 10 years.