Factors to Consider When Evaluating Violation of Statute by a Banker

Evaluating Violation of Statute by a Banker

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Question

Which of the following factors would NOT be considered when evaluating whether specific behavior by a banker violates the statute?

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Explanations

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A. B. C. D.

D

The CRCM exam focuses on testing the knowledge of individuals who are involved in regulatory compliance management in the banking industry. In order to answer this question, it is important to understand the factors that are typically considered when evaluating whether specific behavior by a banker violates the statute.

When evaluating whether specific behavior by a banker violates the statute, the following factors are typically considered:

A. The social and family ties of the banker: This factor may be relevant in determining whether a banker has a personal interest in a transaction and whether the transaction is solely for the benefit of the banker and his or her family members. However, this factor alone would not be determinative of whether the behavior violates the statute.

B. The standard for business amenities and entertaining in that particular part of the country: This factor may be relevant in determining whether the behavior is customary and reasonable in a particular area. However, this factor would not excuse behavior that violates the statute.

C. Whether there was a demonstrable business purpose: This factor is critical in determining whether the behavior violates the statute. If there was no demonstrable business purpose for the behavior, it may be considered a violation of the statute.

D. Whether a business transaction was consummated as a result: This factor is also critical in determining whether the behavior violates the statute. If the behavior was solely for the purpose of consummating a business transaction, it may not be considered a violation of the statute. However, if the behavior violates the statute, the fact that a business transaction was consummated as a result would not excuse the behavior.

Based on the above analysis, the factor that would NOT be considered when evaluating whether specific behavior by a banker violates the statute is B, the standard for business amenities and entertaining in that particular part of the country. While this factor may be relevant in some circumstances, it would not excuse behavior that violates the statute. Therefore, option B is the correct answer to the question.