Banker’s oath jurisdiction; private actions
Defendant received money in his private bank account from a corporate client of the bank he worked for, while knowing that this money was not meant for him. Instead of rectifying the situation, defendant divided the sum and transferred the amounts to several bank accounts, one of them belonging to his then-girlfriend, who worked for the bank’s client at the time. Defendant transferred the money back to the company’s bank accounts only after repeated requests by the bank, his employer. The Disciplinary Commission judged the complaint to be outside of the Commission’s jurisdiction as it deemed the transgression not to be a breach of the Banker’s Oath. Therefore the Commission ruled that the complaint by the Prosecutor’s Office against defendant was inadmissible.
UPDATE 24 March 2017:
The Prosecutor’s Office of the Foundation for Banking Ethics Enforcement appealed the Disciplinary Commission’s ruling at the Appeals Commission. The Appeals Commission overruled the Disciplinary Commission and ruled that the Banker’s oath was breached.