Colorado § 18-5-209 - Issuing a false financial statement - obtaining a financial transaction device by false statements.

§ 18-5-209. Issuing a false financial statement - obtaining a financial transaction device by false statements.

(1) A person commits issuing a false financial statement if, with intent to defraud, he:

(a) Knowingly makes or utters a written instrument which purports to describe the financial condition or ability to pay of himself or another person and which is false in some material respect and reasonably relied upon; or

(b) Represents in writing that a written instrument purporting to describe another person's financial condition or ability to pay as of a prior date is accurate with respect to that person's current financial condition or ability to pay, knowing the instrument to be materially false in that respect and reasonably relied upon.

(2) Issuing a false financial statement is a class 2 misdemeanor.

(3) A person commits issuing a false financial statement for purposes of obtaining a financial transaction device, as defined in section 18-5-701 (3), if, with intent to defraud, upon filing an application for a financial transaction device with an issuer, he knowingly makes or causes to be made a false statement or report, which is false in some material respect and reasonably relied upon, relative to his name, occupation, financial condition, assets, or liabilities or willfully and substantially overvalues any assets or willfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction device.

(4) Issuing a false financial statement for purposes of obtaining a financial transaction device when such device is used to obtain property or services or money is a class 2 misdemeanor.

(5) Issuing two or more false financial statements for purposes of obtaining two or more financial transaction devices when such devices are used to obtain property or services or money is a class 6 felony.

Source: L. 71: R&RE, p. 441, § 1. C.R.S. 1963: § 40-5-209. L. 84: (3) to (5) added, p. 548, § 1, effective July 1. L. 89: (5) amended, p. 835, § 57, effective July 1. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3185, § 238, effective March 1, 2022.

ANNOTATION

Annotator's note. Since § 18-5-209 is similar to former G.S. § 884, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.

The ingredients of the offense are the obtainment of money by false pretenses with intent to defraud. Morris v. People, 4 Colo. App. 136, 35 P. 188 (1893).

Defendant's false representation must be shown. To sustain a conviction under this section, it is necessary to show that the representation of the defendant of his responsibility or wealth was false when made. Morris v. People, 4 Colo. App. 136, 35 P. 188 (1893).

And also proof that someone suffered harm. The offense can only be committed by the obtainment of credit on false representations coupled with proof that as a result of it some person has suffered harm. Morris v. People, 4 Colo. App. 136, 35 P. 188 (1893).

But it is not necessary that an intention to defraud any particular person should exist. If the false report which has been procured results in defrauding any person of his property, the offense is complete whether the offender had such person in mind or not. An indictment setting forth that the person charged caused others to report falsely of his honesty, wealth, or mercantile character, and that by means of the report some person or persons, naming them, were imposed upon so that they extended credit to the offender, and that he thereby obtained possession of their property, would contain substantially all the facts necessary to constitute an offense. Schayer v. People, 5 Colo. App. 75, 37 P. 43 (1894).