California Criminal Jury Instructions (CALCRIM) (2017)

2020. False Financial Statement: Making False Statement

Download PDF
E. FALSE FINANCIAL STATEMENT
2020.False Financial Statement: Making False Statement (Pen.
Code, § 532a(1))
The defendant is charged [in Count ] with (making/ [or] causing
to be made) a false written statement about (his/her/another person’s/a
corporation’s) (financial condition[,]/ [or] means[,]/ [or] ability to pay)
[in violation of Penal Code section 532a(1)].
To prove that the defendant is guilty of this crime, the People must
prove that:
<Alternative 1A—statement made about defendant himself/herself>
[1. The defendant (made/ [or] caused to be made) a false written
statement about (his/her) (financial condition[,]/ [or] means[,]/
[or] ability to pay);]
<Alternative 1B—statement made about someone else or a corporation>
[1. The defendant (made/ [or] caused to be made) a false written
statement about the (financial condition[,]/ [or] means[,]/ [or]
ability to pay) of (another person/a firm or corporation (in which
the defendant had an interest/ [or] for which the defendant was
acting));]
2. The defendant knew that the statement was false;
3. When the defendant (made the statement/ [or] caused the
statement to be made), (he/she) intended that the statement be
relied on;
AND
4. The defendant (made the statement/ [or] caused the statement to
be made) to obtain the (delivery of personal property[,]/ [or]
payment of cash[,]/ [or] making of a loan[,]/ [or] extension of
credit[,]/ [or] execution of a contract of guaranty or suretyship[,]/
[or] discount of an account receivable[,]/ [or] making,
acceptance, discount, sale, or endorsement of a bill of exchange
or promissory note) for ((his/her) benefit/the benefit of the (other
person/corporation)).
[A person may (make a false statement/ [or] cause a false statement to
be made) either directly or indirectly, or through his or her agent. An
agent is someone authorized by the defendant to act for (him/her) in
dealings with third parties.]
[The People allege that the defendant (made/ [or] caused to be made)
93
0093
the following statements: <insert description of each
statement when multiple statements alleged>. You may not find the
defendant guilty unless you all agree that the People have proved that
the defendant (made/ [or] caused to be made) at least one of these
statements and that the statement was false. You must all agree on
which false statement (he/she) (made/ [or] caused to be made).]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
If the prosecution alleges under a single count that the defendant made multiple
false statements, the court has a sua sponte duty to instruct on unanimity. (See
People v. Sutherland (1993) 17 Cal.App.4th 602, 619, fn. 6 [21 Cal.Rptr.2d 752];
People v. Dieguez (2001) 89 Cal.App.4th 266, 274–275 [107 Cal.Rptr.2d 160].)
However, where the evidence shows a “continuous course of conduct,” a unanimity
instruction is not required. (People v. Dieguez, supra, 89 Cal.App.4th at p. 275.) If
the court concludes that a unanimity instruction is required, give the last bracketed
paragraph, inserting the items alleged. (See also Bench Notes to CALCRIM No.
3500, Unanimity, discussing when instruction on unanimity is and is not required.)
If the defendant is charged with a felony violation of Penal Code section 532a(1),
give CALCRIM No. 2023, False Financial Statement: Use of False Identifying
Information.
Give the penultimate bracketed paragraph if there is evidence that the defendant
made or caused any statements to be made indirectly or through an agent.
Related Instructions
CALCRIM No. 2021, False Financial Statement: Obtaining Benefit.
CALCRIM No. 2022, False Financial Statement: Reaffırming Statement.
CALCRIM No. 2023, False Financial Statement: Use of False Identifying
Information.
AUTHORITY
• Elements. Pen. Code, § 532a(1).
Agent. Civ. Code, § 2295.
• Unanimity Instruction If Multiple Items. See People v. Sutherland (1993) 17
Cal.App.4th 602, 619, fn. 6 [21 Cal.Rptr.2d 752]; People v. Dieguez (2001) 89
Cal.App.4th 266, 274–275 [107 Cal.Rptr.2d 160].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against
CALCRIM No. 2020 CRIMINAL WRITINGS AND FRAUD
94
0094
Property, § 42.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, § 85.02[2][a][i] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143,
Crimes Against Property, § 143.01[1] (Matthew Bender).
LESSER INCLUDED OFFENSES
A violation of Penal Code section 532a is a misdemeanor unless the defendant used
“a fictitious name, social security number, business name, or business address, or
. . . falsely represent[ed] himself or herself to be another person or another
business.” (Pen. Code, § 532a(4).) If the defendant is charged with a felony, then
the misdemeanor offense is a lesser included offense. The court must provide the
jury with a verdict form on which the jury will indicate if this allegation has or has
not been proved. If the jury finds that the allegation has not been proved, then the
offense should be set at a misdemeanor.
RELATED ISSUES
Misrepresentation of Identity Insufficient
Penal Code section 532a “require[s] a false statement respecting ‘financial
condition, or means or ability to pay.’ ” (People v. Vincent (1993) 19 Cal.App.4th
696, 702–703 [23 Cal.Rptr.2d 714].) A statement in which the defendant
misrepresents his or her identity or social security number is insufficient. (Ibid.)
Application for Credit Does Not Include Apartment Rental
In People v. Maguire (1998) 67 Cal.App.4th 1022, 1029–1030 [79 Cal.Rptr.2d
573], the court held that an application to rent an apartment containing false
information was not covered by Penal Code section 532a.
CRIMINAL WRITINGS AND FRAUD CALCRIM No. 2020
95
0095