The Fraudulent Filing of Financing Statement crime in the state of Texas gives police the right to arrest you if they believe you presented a forged or false financial statement to be filed.

Fraudulent Filing of Financing Statement is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 37 “Perjury And Other Falsification.”

Learn more detailed information about the Fraudulent Filing of Financing Statement offense below.

What is the current Texas law about Fraudulent Filing of Financing Statement?

The current Texas law defines the offense of Fraudulent Filing of Financing Statement in Penal Code Section §37.101 as follows:^[1]

(a) A person commits an offense if the 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.

How can I be charged with Fraudulent Filing of Financing Statement?

You can be charged with Fraudulent Filing of Financing Statement if the state’s attorneys believe that each of the elements of 37.101(a) as described in the section above have been met.

What is the punishment for Fraudulent Filing of Financing Statement?

If the offense is prosecuted under subsection (a)(1), then a conviction Fraudulent Filing of Financing Statement conviction is punishable as a Third Degree Felony,^[2] with a maximum possible fine under Texas state law of up to $10,000 and prison time from 2 to 10 years, unless the below enhancement applies.

If the offense is prosecuted under subsection (a)(1) and the state’s attorney prove that you have been previously convicted on two or more occasions of a violation of (a)(1), then the conviction can be enhanced to a Felony of the Second Degree,^[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time from 2 to 20 years.

If the offense is prosecuted under subsection (a)(2) or (a)(3), then it is punished as a Class A misdemeanor,^[4] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year, unless the state’s attorneys prove that you had the intent to defraud or harm someone, in which case it is punished as a state jail misdemeanor.^[5] Learn about the differences between grades of felonies and misdemeanors

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Legal References:

^1. Texas Penal Code §37.101^2. Texas Penal Code §37.101(b)^3. Texas Penal Code §37.101(b)^4. Texas Penal Code §37.101(b)^5. Texas Penal Code §37.101(b)