Miscellaneous Felonies; When Punished as Misdemeanors

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Criminal and Related Provisions
  6. Miscellaneous Felonies; When Punished as Misdemeanors

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  1. Any person or corporation, including any financial institution or its directors, officers, agents, or employees, who shall perform the following acts or deeds shall be guilty of a felony:
    1. Publishes or causes to be published any false statement, expressed either by printing or writing or by signs, pictures, or the like, of or concerning any financial institution as to the assets or liabilities of such financial institution or as to its solvency or ability to meet its obligations or as to its soundness or who shall publish or cause to be published any other false statement so expressed, calculated to affect the credit or standing of such financial institution or to cast suspicion upon its solvency, soundness, or ability to meet its deposits or other obligations in due course;
    2. Falsely circulates any report or makes any false oral statement as to the assets or liabilities of a financial institution or as to its solvency or ability to meet its obligations or as to its soundness or who shall make any other false oral statement calculated to affect the credit or standing of such financial institution or to cast suspicion upon its solvency, soundness, or ability to meet its deposits or other obligations in due course;
    3. Willfully engages in the business of:
      1. A bank in violation of Code Section 7-1-241;
      2. A trust company in violation of Code Section 7-1-242;
      3. A credit union in violation of Code Section 7-1-633;
      4. Selling payment instruments before receiving a license as required by Code Section 7-1-681;
      5. An international bank agency before receiving the license required by Code Section 7-1-713;
      6. A business development corporation before approval of the department is granted under Code Section 7-1-743;
      7. Transacting business either directly or indirectly as a mortgage loan originator, mortgage broker, or mortgage lender unless licensed by the department or exempt from licensing pursuant to Code Section 7-1-1001; or
      8. Making installment loans unless licensed by the department or exempt from licensing requirements pursuant to Code Section 7-3-4; or
    4. Being an agent of a licensee or such agent's employee who is authorized to sell or issue payment instruments on behalf of a licensee, issues payment instruments directly or indirectly to or for his or her own benefit, or sells or issues payment instruments without accepting funds therefor or sells or issues payment instruments and willfully fails to remit to the licensee the proceeds from the sale or issuance of such payment instruments within five business days from the date of such sale or issuance.
  2. Upon conviction under this Code section such person or corporation shall be punished by imprisonment for not less than one nor more than five years or fined $10,000.00; but, on the recommendation of the jury trying the case, when such recommendation is approved by the judge presiding on the trial, such crime shall be punished as a misdemeanor. If the judge trying the case deems it proper, he may, in fixing the punishment, reduce such felony to a misdemeanor.

(Ga. L. 1919, p. 135, art. 20, §§ 8, 32, 33; Code 1933, §§ 13-9907, 13-9931, 13-9932; Ga. L. 1937-38, Ex. Sess., p. 307, §§ 17, 18; Ga. L. 1965, p. 81, § 18; Code 1933, § 41A-9908, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1978, p. 1717, § 10; Ga. L. 1983, p. 602, § 20; Ga. L. 1989, p. 1257, § 31; Ga. L. 1999, p. 674, § 29; Ga. L. 2015, p. 344, § 32/HB 184; Ga. L. 2016, p. 390, § 7-21/HB 811; Ga. L. 2020, p. 156, § 3/SB 462.)

The 2020 amendment, effective June 30, 2020, deleted "or" at the end of subparagraph (a)(3)(F) and added subparagraph (a)(3)(H).

RESEARCH REFERENCES

Am. Jur. 2d.

- 10 Am. Jur. 2d, Banks and Financial Institutions, § 429 et seq.

C.J.S.

- 9 C.J.S., Banks and Banking, § 775.

ALR.

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

False representation by officers or directors of bank or building and loan association that impairment of capital has been made good, as basis of action against them, 144 A.L.R. 1498.

Liability of bank, to other than party whose financial condition is misrepresented, for erroneous credit information furnished by bank or its directors, officers, or employees, 77 A.L.R.3d 6.


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