False Financial Statements - Penal Code 532a(1) PC
The crime of false financial statements, also known as defrauding by presenting false statements, is defined under California Penal Code 532a(1) PC. It means presenting false statements in writing that appear to be accurate, with the intent to defraud a person or entity, is a crime.
At the Hedding law firm, we bring a wealth of experience and a proven track record of successfully handling cases involving the making of false financial statements. You can trust in our expertise and dedication to your case.
We know the ins and outs of fighting your case for you. To find a defendant guilty of a false financial statement, the jury must find beyond a reasonable doubt that the defendant made the false financial statement, knew that the statement was untrue, and intended for the statement to be relied on.
If the People have not proven any of the above elements beyond a reasonable doubt, the defendant must be found not guilty of a false financial statement. Our federal criminal defense lawyers, with their experience and qualifications, are committed to ensuring a fair trial for you if you are charged with making a false financial statement.
Real Estate Loans
This usually arises in criminal defense when people try to apply for a loan for real estate or some other venture they want to pursue. They provide false financial statements to the financial institution to get that loan.
If the government or the financial institution finds out, that will create a big problem. Depending on precisely what they did, that person can be charged with filing false financial statements, fraud, and various crimes. If found guilty, the consequences can be severe, including hefty fines, restitution, and even imprisonment.
What usually breaks these cases is that it's not so much the people giving the information who get the loan or whatever they're doing with the false financial statements; the problem comes in when somebody ends up being out of 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 to see what happened.
If they can determine that you gave false financial documents to get the loan or whatever the subject matter of the case is, they will look to prosecute you, convict you of a crime, and pay you 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 other information — for example, somebody goes to a car dealership and gives false information. Then, they looked into it and determined that it was false information.
You either leased or purchased the vehicle. If they don't think you're a good credit match or think you tried to trick them into gaining the car, they can go to the police and have a crime filed against you, and you can be prosecuted.
Reviewing Defense Strategy for Best Outcome
So, call us if you're charged with false financial documents related to fraud, white-collar crime, or some other criminal case. What we do is have you come in, and we can sit down and discuss the matter. We will first determine whether you intend to cheat or trick anybody.
Our role is to review the evidence, advise you on your legal options, and meticulously develop a defense strategy that best serves your interests. You can rest assured that we leave no stone unturned in preparing your defense.
Sometimes it's just a misunderstanding. Sometimes, you didn't give false financial documents, and somebody 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 of money, and you shouldn't have a criminal case 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 conduct a thorough investigation, put the case together, and set things up 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, we're going to take other precautions and take other steps 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, we will implement a plan for success. I will tell you what I need from you.
For example, we decide they've got the evidence against you in a false financial document case. We're going to say exactly what you need to get to help me with the case, put together a mitigation package for the prosecutors, and get the money to try and pay back the people who lost the money if it's that type of situation.
Whatever your situation, we're committed to designing a plan and putting together a strategy that ensures your success and swift exit from the criminal justice system. If you are charged with filing false financial documents, we will investigate and ensure you're treated fairly.
Contact us for a free case evaluation so we can explain how we can help you. Your case is important to us, and we're here to support you every step of the way.
