19.630—May the Department of the Treasury impute conduct of one person to another?
For purposes of actions taken under this rule,
we may impute conduct as follows:
(a)
Conduct imputed from an
individual to an organization. We may impute
the fraudulent, criminal, or other improper
conduct of any officer, director, shareholder,
partner, employee, or other individual associated
with an organization, to that organization when
the improper conduct occurred in connection with
the individual's performance of duties for or on
behalf of that organization, or with the
organization's knowledge, approval or
acquiescence. The organization's acceptance of the
benefits derived from the conduct is evidence of
knowledge, approval or acquiescence.
(b)
Conduct imputed from an
organization to an individual, or between
individuals. We may impute the fraudulent,
criminal, or other improper conduct of any
organization to an individual, or from one
individual to another individual, if the
individual to whom the improper conduct is imputed
either participated in, had knowledge of, or
reason to know of the improper conduct.
(c)
Conduct imputed from one
organization to another organization. We may
impute the fraudulent, criminal, or other improper
conduct of one organization to another
organization when the improper conduct occurred in
connection with a partnership, joint venture,
joint application, association or similar
arrangement, or when the organization to whom the
improper conduct is imputed has the power to
direct, manage, control or influence the
activities of the organization responsible for the
improper conduct. Acceptance of the benefits
derived from the conduct is evidence of knowledge,
approval or acquiescence.