If a code of ethics violation by a bank employee was uncovered that resulted in a loss of bank fee income due to misuse of position - would you file a SAR?

Is this the same situation?

https://www.bankersonline.com/forum...ar-question-on-insider-abuse#Post2239037

Definitely not a SAR event.

You don't have "loss of" income. You didn't have it, and then lose it. They didn't steal anything. An employee waived a fee on another person's account (not even the employee's account) when you think, with 20/20 hindsight, that they shouldn't have. They may have felt they couldn't say no, but, that's an issue with your structural organization.

Ethics violations do NOT create SAR reporting situations. SARs are for crimes and attempted/suspected crimes, not your personal feelings/interpretations about what is ethical.

Misuse of position is a defined term. Your situation does not meet the definition.

From the SAR reason chart in The SAR Activity Review Trends Tips & Issues, Issue 12 - Misuse of Position I Self Dealing

18 U.S.C. Section, 656/657- Theft, Embezzlement, or Misapplication of Funds

18 U.S.C. Section 644 - Banker Receiving Unauthorized Deposit of Public Money

18 U.S.C. Section 215 - Bank Bribery


Filing a SAR in this situation would be both retaliatory and unlawful, as would most or possibly all "ethics" based SARs.