Hi-Cloud, Inc., is a start-up tech company. It is seeking a substantial line of credit from a

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Hi-Cloud, Inc., is a start-up tech company. It is seeking a substantial line of credit from a federally insured commercial bank. Among other questions, the loan application requires disclosure of the compensation paid to company executives. Barbara, Hi-Cloud’s CEO, was drawing a salary of \($800,000\) at the time of the application. She intentionally omitted disclosing her salary in an effort to increase Hi-Cloud’s net worth. The bank was satisfied with the application and granted Hi-Cloud a line of credit for \($1.5\) million. “to knowingly make a false statement or report or willfully overvalue…property in a credit application to a federally insured bank…[the applicant] shall be fined not more than \($1,000,000\) or imprisoned for not more than 30 years, or both.” Hi-Cloud has made all payments under the line of credit for the last three years and continues to be in good standing with the bank. The compliance and ethics officer of Hi-Cloud discovered the omission and is counseling Barbara on the best ethical and legal approach to avoid criminal prosecution. Barbara is convinced the omission of her salary was not a “false statement,” and because the bank was satisfied with the application and did not ask her to disclose her salary despite the fact it was left blank on the application, she asserts that she was acting ethically and legally. As the compliance and ethics officer of Hi-Cloud, what advice would you give to Barbara? Explain.

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The Legal And Ethical Environment Of Business

ISBN: 9781454893028

2nd Edition

Authors: Gerald R. Ferrera, Mystica M. Alexander, William P. Wiggins, Cheryl Kirschner, Jonathan J. Darrow

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