False Financial Statements - Penal Code 532a(1) PC
At the Hedding law firm, we have handled cases involving the making of false financial statements. We know the ins and outs to fight your case for you. To find a defendant guilty of false financial statement the jury must find beyond a reasonable doubt that the defendant actually made the false financial statement, the defendant knew that the statement was false, and the defendant intended for the statement to be relied on.
If the People have not proven any of the above elements beyond a reasonable doubt, then the defendant must be found not guilty of the crime of false financial statement. Our federal criminal defense lawyers have the experience and qualifications to help your case if you are being charged with making a false financial statement.
Real Estate Loans
Where this usually comes up in criminal defense is when people are trying to apply for a loan for real estate or some other venture that they want to get involved with, and in order to get that loan they provide false financial statements to the financial institution.
That will then create a big problem if the government or the financial institution finds out. That person can be charged with filing false financial statements, fraud and all sorts of different crimes depending on exactly what they did.
What usually breaks these cases is it's not so much the people who are giving the information get the loan or whatever they're doing with the false financial statements, the problem comes in when somebody ends up being out some money.
In other words, if you don't pay your mortgage, you foreclose on the house, or some other situation happens where you cheat somebody and they don't get their money. Then they're going to be looking around as to what happened, and if they're able to determine that you gave false financial documents in order to get the loan or whatever the subject matter of the case is, then they're going to be looking to prosecute you, get you convicted of a crime and get restitution related to what you did.
That's one big area where I see these false financial document cases coming up. Another big area where I see them coming up is just by luck. Sometimes there's an audit done. There's some other information — for example, somebody goes to a car dealership and gives some false information and then they look into it and they determine that it was false information.
You either leased or purchased the vehicle. Now, if they don't think you're a good credit match or they think you tried to trick them in order to gain the vehicle, they can then go to the police and have a crime filed against you and you can be prosecuted for that crime.
Reviewing Defense Strategy for Best Outcome
So, if you're charged with this situation of false financial documents related to a fraud, white collar crime, or some other criminal case, give us a call. What I have you do is have you come in and we sit down and discuss the matter. The first thing we're going to determine is whether you really had the intent to cheat or trick anybody.
Sometimes it's just a misunderstanding. Sometimes you didn't give false financial documents and it's somebody who is trying to gain an advantage against you, so they're making some claim that you did something wrong when in reality you didn't. Nobody is out any money and you really shouldn't have a criminal case pending against you. So, that's the first thing we're going to decide.
If we decide it's a case we're going to fight then we'll do the investigation, put the case together and set things up in order to fight the case. If, on the other hand, we decide it's a case where the government is going to be able to prove the case against you — the prosecutors have the evidence they need to get you for some sort of a false financial document case in LA county — then we're going to take other precautions and take other steps in order to be able to protect you, your rights, your records, and of course, your freedom.
Next Step in Your Defense
So, once we make that decision, that will then put in place a plan for success. I will tell you what I need from you. For example, we decide that they've got the evidence against you on a false financial document case, then we're going to say exactly what you need to get in order to help me with the case to put together a mitigation package for the prosecutors, to get the money to try and pay back the people that lost the money if it's that type of a situation.
Whatever it is, we're going to design the plan, get the strategy together so we can be successful and you can get out of the criminal justice system as fast as possible. If you are charged with filing false financial documents, we're going to get to the bottom of it and make sure that you're treated fairly. Contact us for a free case evaluation so we can explain how we can help you.