Handling Allegations Of A False Bank Entry
False Bank Entries
Mr. McKellar has been selected as a member of “America’s Top 100 Criminal Defense Attorneys” in 2021.
Simply defined, false entries are any entry which is intentionally made to represent what is not true or does not exist. Specifically, statute 18 U.S.C. § 1005 prohibits the making of false entries in any book, report, or statement with the intent to defraud the institution or other persons, or to deceive any officer of the bank, examiner or agent appointed to examine the institution. It is the making of false entries with intentionally or with criminal intent that makes it punishable.
Some examples of false bank entries include (intentionally) incorrect information written on a deposit slip, an entry that is noted as being paid when it has not been, or amount of money deposited is incorrect.
Any person charged with intent to defraud the United States or any agency thereof, or any financial institution, participates, shares in, or receives (either directly or indirectly) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
An error in bookkeeping is not considered a false entry, and an individual cannot be held criminally liable for an honest mistake of his, or by the deception of others.
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