De Minimis Offenses
See paragraph 5 of FDIC STATEMENT OF POLICY FOR SECTION 19 OF THE FDI ACT.
SecurTest does not report de minimis offenses as Ineligible under FDIC Rules. The term Ineligible is a universal term that is used in SecurTest Reports to alert the End-User that records
were found in accordance with FDIC Dishonesty or Breach of Trust and Other Serious Crimes as described above.
(a) In General
Approval is automatically granted and an application will not be required where the covered offense is considered de minimis, because it meets all of the following criteria:
• There is only one conviction or program entry of record for a covered offense;
• The offense was punishable by imprisonment for a term of one year or less and/or a fine of $2,500 or less, and the individual served three (3) days or less of jail time. The FDIC considers
jail time to include any significant restraint on an individual's freedom of movement which includes, as part of the restriction, confinement to a specific facility or building on a continuous
basis where the person may leave temporarily only to perform specific functions or during specified times periods or both. The definition is not intended to include those on probation
or parole who may be restricted to a particular jurisdiction, or who must report occasionally to an individual or to a specified location.
• The conviction or program was entered at least five years prior to the date an application would otherwise be required; and
• The offense did not involve an insured depository institution or insured credit union.
(b) Additional Applications of the De Minimis Offenses Exception to Filing Age at time of covered offense:
• If the actions that resulted in a covered conviction or program entry of record all occur when the individual was 21 years of age or younger, then the subsequent conviction or
program entry, that otherwise meets the general de minimis criteria in (a) above, will be considered de minimis if the conviction or program entry was entered at least 30 months prior
to the date an application would otherwise be required and all sentencing or program requirements have been met.
Convictions or program entries for insufficient funds checks:
• Convictions or program entries of record based on the writing of "bad" or insufficient funds check(s) shall be considered a de minimis offense under this provision and will not be
considered as having involved an insured depository institution if the following applies:
• There is no other conviction or program entry subject to Section 19, and the aggregate total face value of all "bad" or insufficient funds check(s) cited across all the conviction(s)
or program entry(ies) for bad or insufficient funds checks is $1,000 or less; and
• No insured depository institution or insured credit union was a payee on any of the "bad" or insufficient funds checks that were the basis of the conviction(s) or program entry(ies).
Convictions or program entries for small-dollar, simple theft:
• A conviction or program entry based on a simple theft of goods, services and/or currency (or other monetary instrument) where the aggregate value of the currency, goods and/or
services taken was $500 or less at the time of conviction or program entry, where the person has no other conviction or program entry under Section 19, where it has been five years
since the conviction or program entry (30 months in the case of a person 21 or younger as described above) and which does not involve an insured financial institution
or insured credit union is considered de minimis. Simple theft excludes burglary, forgery, robbery, identity theft, and fraud.
Convictions or program entries for the use of a fake, false or altered identification card:
• The use of a fake, false or altered identification card used by person under the legal age for the purpose of obtaining or purchasing alcohol, or used for the purpose of entering a premise
where alcohol is served but for which age appropriate identification is required, provided that there is no other conviction or program entry for a covered offense, will be considered
Any person who meets the criteria under (5) above shall be covered by a fidelity bond to the same extent as others in similar positions, and shall disclose the presence of the conviction
or program entry to all insured institutions in the affairs of which he or she intends to participate. Further, no conviction or program entry for a violation of the Title 18 sections set out in
12 U.S.C. 1829(a)(2) can qualify under any of the de minimis exceptions to filing set out in 5 above.