(a) Covered convictions and agreements. Except as described in section
238.85, this subpart covers:
(1) Any conviction of a criminal offense
involving dishonesty, breach of trust, or money laundering. Convictions
do not cover arrests, pending cases not brought to trial, acquittals,
convictions reversed on appeal, pardoned convictions, or expunged
convictions.
(2) Any
agreement to enter into a pretrial diversion or similar program in
connection with a prosecution for a criminal offense involving dishonesty,
breach of trust or money laundering. A pretrial diversion or similar
program is a program involving a suspension or eventual dismissal
of charges or of a criminal prosecution based upon an agreement for
treatment, rehabilitation, restitution, or other non-criminal or non-punitive
alternative.
(b) Dishonesty or breach of trust. A determination whether a criminal
offense involves dishonesty or breach of trust is based on the statutory
elements of the crime.
(1) “Dishonesty” means directly or indirectly
to cheat or defraud, to cheat or defraud for monetary gain or its
equivalent, or to wrongfully take property belonging to another in
violation of any criminal statute. Dishonesty includes acts involving
a want of integrity, lack of probity, or a disposition to distort,
cheat, or act deceitfully or fraudulently, and may include crimes
which federal, state or local laws define as dishonest.
(2) “Breach of trust” means
a wrongful act, use, misappropriation, or omission with respect to
any property or fund which has been committed to a person in a fiduciary
or official capacity, or the misuse of one’s official or fiduciary
position to engage in a wrongful act, use, misappropriation, or omission.
