O.C.G.A. § 7-1-842 (2019)
Felonies of directors, officers, agents, and employees of financial institutions; aiding and abetting false entries
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.
History
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.
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under Ga. L. 1919, p. 212 are included in the annotations for this Code section. Ga. L. 1919, p. 135 being a penal statute, it must be strictly construed. Johnson v. State, 166 Ga. 755, 144 S.E. 283, 1928 Ga. LEXIS 397 (1928). Unexplained false entries are sufficient to raise presumption of guilt against officer making the presumption. Holder v. Farmers Exch. Bank, 28 Ga. App. 21, 110 S.E. 762, 1921 Ga. App.
LEXIS 464 (1921) (decided under Ga. L. 1919, p. 212). Cashier who receives deposit knowing bank is insolvent commits a felony. - When a cashier of an insolvent bank, having charge and control of bank, and having knowledge of the bank’s insolvency, receives money on general deposit in the bank, and thereby loss or injury results to the person who made the deposit, the cashier is guilty of a felony. Lenhardt v. State, 37 Ga. App. 41, 138 S.E. 590, 1927 Ga. App. LEXIS 449 (1927).
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.