(1)Any person who shall knowingly make or cause to be made, either directly or indirectly or through any agency whatsoever, any false statement in writing, with intent that it shall be relied upon, respecting the financial condition, or means or ability to pay, of himself or herself, or any other person, firm or corporation, in whom he or she is interested, or for whom he or she is acting, for the purpose of procuring in any form whatsoever, either the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of a credit, the execution of a contract of guaranty or suretyship, the discount of an account receivable, or the making, acceptance, discount, sale or endorsement of a bill of exchange, or promissory
note, for the benefit of either himself or herself or of that person, firm or corporation shall be guilty of a public offense.
(2)Any person who knowing that a false statement in writing has been made, respecting the financial condition or means or ability to pay, of himself or herself, or a person, firm or corporation in which he or she is interested, or for whom he or she is acting, procures, upon the faith thereof, for the benefit either of himself or herself, or of that person, firm or corporation, either or any of the things of benefit mentioned in the first subdivision of this section shall be guilty of a public offense.
(3)Any person who knowing that a statement in writing has been made, respecting the financial condition or means or ability to pay of himself or herself or a person, firm or corporation, in which he or she is interested, or for whom he or she is acting,
represents on a later day in writing that the statement theretofore made, if then again made on said day, would be then true, when in fact, said statement if then made would be false, and procures upon the faith thereof, for the benefit either of himself or herself or of that person, firm or corporation either or any of the things of benefit mentioned in the first subdivision of this section shall be guilty of a public offense.
(4)Any person committing a public offense under subdivision (1), (2), or (3) shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. Any person who violates the provisions of subdivision (1), (2), or (3), by using a fictitious name, social security number, business name, or business address, or by falsely representing himself or herself to be another person or another
business, is guilty of a felony and is punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment, or by a fine not exceeding two thousand five hundred dollars ($2,500) or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.
(5)This section shall not be construed to preclude the applicability of any other provision of the criminal law of this state which applies or may apply to any transaction.
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 1949–2024 · leading case:
Tijani v. Willis, 430 F.3d 1241 (9th Cir. 2005).
Tijani v. Willis, 430 F.3d 1241 (9th Cir. 2005).
· cites it 8× “This easily constitutes a sub- stantial argument that Tijani’s conviction under Cal. Penal Code § 532a(1) does not amount to an aggravated felony.”
Tijani v. Holder, 598 F.3d 647 (9th Cir. 2010).
· cites it 6× “Tijani’s string of crimes consisted in credit card fraud in violation of Cal.Penal Code § 532a(1) — a modern form of swindle particularly tempting because of the ease and the impersonality with which the crime may be carried out.”
People v. House, 183 Cal. App. 4th 1049 (Cal. Ct. App. 2010).
· cites it 3× “NA076708 with 12 theft-related offenses: two counts of identity theft (Pen.”
People v. Maguire, 79 Cal. Rptr. 2d 573 (Cal. Ct. App. 1998).
· cites it 6× “Code, § 118) and four counts of making a false financial statement (Pen. Code, § 532a, subd. (1)). Defendant was sentenced to a total term of two years eight months in state prison.”
People v. Whitmer, 230 Cal. App. 4th 906 (Cal. Ct. App. 2014).
“(d)(1)), seven counts of making false financial statements (Pen. Code, § 532a), and 14 counts of theft of access cards or account information (Pen.”
People v. Vincent, 19 Cal. App. 4th 696 (Cal. Ct. App. 1993).
“Code, § 470) and making a false financial statement (Pen. Code, § 532a, subd. (1).) She asserts that the conviction for forgery must be reversed because a signature card cannot be the subject of a forgery; that there was no evidence of a false financial statement; and that…”
Monsuru Olasumbo TIJANI v. Eric H. HOLDER Jr., [*] Attorney Gen., 628 F.3d 1071.
· cites it 11× “Two years later, in 1991, Tijani was convicted of violating Cal.Penal Code § 532a(1) by providing false information to obtain credit cards and using the cards to obtain goods; he was sentenced to prison for one and one-third years.”
Tijani v. Holder, 628 F.3d 1071 (9th Cir. 2010).
· cites it 6× “Two years later, in 1991, Tijani was convicted of violating Cal.Penal Code § 532a(1) by providing false information to obtain credit cards and using the cards to obtain goods; he was sentenced to prison for one and one-third years.”
People v. Shelton, No. B305679 (Cal. Ct. App. July 20, 2021). “In 2009, appellant Dwight Rolland Shelton was convicted of more than 50 felony counts stemming from his participation in fraudulent real estate transactions; the crimes included making false financial statements (Pen. Code, § 532a, subd. (1))1, grand theft of personal property…”
Sack v. Pinner Constr. Co., No. G061387 (Cal. Ct. App. Mar. 25, 2024). “Furthermore, precluding the Sacks from recovering the over $2 million in unpaid debt memorialized in the February 2017 17 Penal Code section 532a, subdivision (1) forbids the making of false written financial statements about a borrower’s financial condition or ability to repay…”
Cal. Penal Code § 532a(1): 4 cases
Tijani v. Willis, 430 F.3d 1241 (9th Cir. 2005).
“This easily constitutes a sub- stantial argument that Tijani’s conviction under Cal. Penal Code § 532a(1) does not amount to an aggravated felony.”
Tijani v. Holder, 598 F.3d 647 (9th Cir. 2010).
“Tijani’s string of crimes consisted in credit card fraud in violation of Cal.Penal Code § 532a(1) — a modern form of swindle particularly tempting because of the ease and the impersonality with which the crime may be carried out.”
Tijani v. Holder, 628 F.3d 1071 (9th Cir. 2010).
“Two years later, in 1991, Tijani was convicted of violating Cal.Penal Code § 532a(1) by providing false information to obtain credit cards and using the cards to obtain goods; he was sentenced to prison for one and one-third years.”
Cal. Penal Code § 532a(l): 2 cases
Tijani v. Holder, 598 F.3d 647 (9th Cir. 2010).
“Tijani’s string of crimes consisted in credit card fraud in violation of Cal.Penal Code § 532a(1) — a modern form of swindle particularly tempting because of the ease and the impersonality with which the crime may be carried out.”
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