Issuing a false financial statement - obtaining a financial transaction device by false statements.

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(1) A person commits issuing a false financial statement if, with intent to defraud, he:

  1. Knowingly makes or utters a written instrument which purports to describe the financial condition or ability to pay of himself or another person and which is false in some material respect and reasonably relied upon; or

  2. Represents in writing that a written instrument purporting to describe another person's financial condition or ability to pay as of a prior date is accurate with respect to that person's current financial condition or ability to pay, knowing the instrument to be materially false in that respect and reasonably relied upon.

  1. Issuing a false financial statement is a class 2 misdemeanor.

  2. A person commits issuing a false financial statement for purposes of obtaining afinancial transaction device, as defined in section 18-5-701 (3), if, with intent to defraud, upon filing an application for a financial transaction device with an issuer, he knowingly makes or causes to be made a false statement or report, which is false in some material respect and reasonably relied upon, relative to his name, occupation, financial condition, assets, or liabilities or willfully and substantially overvalues any assets or willfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction device.

  3. Issuing a false financial statement for purposes of obtaining a financial transactiondevice when such device is used to obtain property or services or money is a class 1 misdemeanor.

  4. Issuing two or more false financial statements for purposes of obtaining two or morefinancial transaction devices when such devices are used to obtain property or services or money is a class 6 felony.

Source: L. 71: R&RE, p. 441, § 1. C.R.S. 1963: § 40-5-209. L. 84: (3) to (5) added, p. 548, § 1, effective July 1. L. 89: (5) amended, p. 835, § 57, effective July 1.


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