Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Fraudulent Filing of Financing Statement

Fraudulent Filing of Financing Statement

Chapter 37 of the Texas Penal Code defines offenses relating to perjury and other falsification.

“Fraudulent Filing of Financial Statement”, as per § 37.101 of the Texas Penal Code, occurs when a person knowingly presents for filing or causes to be presented for filing a financing statement that the person knows:

  1. is forged;

  2. contains a material false statement; or

  3. is groundless.

An offense under 1) is a felony of the third degree, unless it is shown on the trial of the offense that the person had previously been convicted under this section on two or more occasions, in which event the offense is a felony of the second degree. An offense under 2) or 3) is a Class A misdemeanor, unless the person commits the offense with the intent to defraud or harm another, in which event the offense is a state jail felony.

Severity of Crime

Misdemeanor A

  • Confinement in jail for a term not to exceed one year

  • Fine not to exceed $4,000

  • Both such fine and confinement

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days

  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree FelonY

  • Imprisonment in the institutional division for not more than 20 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000