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South Carolina FALSE STATEMENT TO A BANK

South Carolina FALSE STATEMENT TO A BANK

Name: South Carolina FALSE STATEMENT TO A BANK
Brand: US Legal Forms
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Rating: 4.69 (432 reviews)

Category:

South Carolina Federal - Jury Instructions - 4th Circuit - Criminal

State:

South Carolina

Control #:

SC-FEDDC-JURY-18-1014-CR

Format:

Instant download

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Official Pattern Jury Instructions for Criminal Cases in Federal District Court of South Carolina. All converted to Word format. Please see the official site for addional information. http://www.scd.uscourts.gov/pji/ South Carolina False Statement to a Bank is a criminal offense in the state of South Carolina. It is the act of making a false representation, statement, or material omission of a fact to a bank while applying for a loan or other service, with the intent of obtaining money or property from the bank. There are three types of South Carolina False Statement to a Bank: 1) False Statement of Fact — the act of making a statement that is untrue; 2) False Statement of Financial Condition — the act of making a statement that is false or misleading about an individual’s financial condition; 3) False Statement of Creditworthiness — the act of making a statement that is false or misleading about an individual’s ability to pay a debt. A person convicted of South Carolina False Statement to a Bank can face up to five years in prison and/or a fine of up to $5,000.

South Carolina False Statement to a Bank is a criminal offense in the state of South Carolina. It is the act of making a false representation, statement, or material omission of a fact to a bank while applying for a loan or other service, with the intent of obtaining money or property from the bank. There are three types of South Carolina False Statement to a Bank: 1) False Statement of Fact — the act of making a statement that is untrue; 2) False Statement of Financial Condition — the act of making a statement that is false or misleading about an individual’s financial condition; 3) False Statement of Creditworthiness — the act of making a statement that is false or misleading about an individual’s ability to pay a debt. A person convicted of South Carolina False Statement to a Bank can face up to five years in prison and/or a fine of up to $5,000.

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What are False Pretenses? Under California Penal Code §532, anyone who provides false statements, withholds important information, or makes promises they don't intend to keep to another person in order to obtain property is guilty of theft by false pretense.

As laid out in South Carolina General Code Section 16-13-240, it is a crime to obtain a signature, money, or property from someone under false pretenses or misrepresentation of a fact with ?intent to cheat and defraud a person of that property.? Simply put, if you obtain money, property, or the title to property from

(A)(1) It is unlawful for a person to wilfully give false, misleading, or incomplete testimony under oath in any court of record, judicial, administrative, or regulatory proceeding in this State.

False pretenses involves an intent to obtain property or money by means of fraud or misrepresentation. For example: False pretenses occur in situations when a salesperson/contractor promises to provide specified goods or services, receives payment, but intentionally fails to deliver on the promise.

The charge of providing false information to law enforcement is a serious public corruption crime in South Carolina. The offense is detailed in South Carolina Code of Laws §16-17-725 (2011), which makes it a misdemeanor criminal offense with a maximum penalty of up to 30 days in jail.

Penal Code 532 PC prohibits theft by false pretenses ? which is defined as defrauding someone of money or property by way of false promises or representations. The offense may be prosecuted as a misdemeanor or a felony and carries a penalty of up to 3 years in jail or prison.

(B) A person who violates the provisions of this section is guilty of the misdemeanor offense of false imprisonment and, upon conviction, must be fined not more than one thousand dollars and imprisoned for not more than three years.

The crime of False Pretenses requires: a false representation. of a material fact (past or present) with the intent to defraud. that causes the victim to pass possession and title of his or her property.

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Section 1014 criminalizes the act of making false statements to a financial institution. False statements to deceive a financial institution is considered a white collar crime.A false statement to a financial institution would likely constitute fraud, if the necessary elements are present. Federal false statements charges under 18 U.S.C. § 1001 makes it a crime to knowingly make false statement to government agent involving a federal matter. A material omission on a bank loan application is not a "false statement" under 18 U.S.C. § 1014. A False Statement to a Bank May Result in a Conviction Pursuant to 18 USC 1014 Even When There Was No Risk of Loss or Liability For the Bank. Federal land bank mortgage transactions. The defendant owned a construction firm. (C) Bankrelated fraud. (1) False statement.

South Carolina FALSE STATEMENT TO A BANK

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