Felonies of Directors, Officers, Agents, and Employees of Financial Institutions; Aiding and Abetting False Entries

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Criminal and Related Provisions
  6. Felonies of Directors, Officers, Agents, and Employees of Financial Institutions; Aiding and Abetting False Entries

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Any director, officer, agent, or employee of a financial institution who knowingly:

  1. Makes any false entry in any book, report, or statement of the financial institution or who omits or concurs in omitting to make any material entry in its books or accounts with intent in either case to injure or defraud the financial institution or any other company, firm, or person or to deceive any officer of the financial institution, the commissioner, or any examiner and every person who with like intent aids or abets any officer, director, clerk, agent, or employee in making any false entry, report, or statement or omitting to make any material entry on its books and accounts shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than ten years.
  2. While in charge of or employed in a financial institution, allows it to receive a deposit when he or she knows the financial institution to be insolvent shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than ten years if loss or injury shall result to such depositor.
  3. By letterheads, newspaper advertisements, signs, circulars, or otherwise, represents the capital stock of any financial institution to be in excess of the capital actually paid in or who knowingly makes or concurs in making or publishing any written report, exhibit, or statement of its affairs or pecuniary condition containing any material statement therein which is false or who knowingly omits or concurs in omitting any statement required by law or to be contained therein shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than five years.
  4. Uses information obtained through his or her association with the financial institution which he or she serves as a director, officer, agent, or employee, which is not otherwise publicly available, with the intent to realize personal gain or to cause financial harm to another party shall be guilty of a felony and, upon conviction, shall be punished by a fine not to exceed $10,000.00 or twice the amount of improper gain realized, whichever is less, or by imprisonment for not less than one year nor more than five years, or both.

(Ga. L. 1919, p. 135, art. 20, §§ 10, 12, 14, 28; Code 1933, §§ 13-9910, 13-9912, 13-9914, 13-9928; Code 1933, § 41A-9905, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1989, p. 1249, § 8; Ga. L. 2016, p. 390, § 5-2/HB 811.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 10 Am. Jur. 2d, Banks and Financial Institutions, §§ 434, 443 et seq., 455 et seq.

C.J.S.

- 9 C.J.S., Banks and Banking, § 756 et seq.

ALR.

- What amounts to a deposit within statute in relation to civil or criminal liability for accepting deposit when bank is unsafe or insolvent, 76 A.L.R. 1320.

When bank deemed insolvent within meaning of criminal statute, 81 A.L.R. 1160.

Criminal offense of making false statement or report as to assets or condition of bank, 85 A.L.R. 824.


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