When lenders or businesses extend credit, it is important that they have accurate information about whether or not the person who is borrowing or buying is creditworthy. As a result, those who extend credit typically request certain information from those who will be borrowing.
Those who extend credit or who provide property to others have the right to expect that the person receiving the property or credit will provide accurate information. To help guarantee the accuracy of the details that borrowers provide, there are criminal penalties in the state of Nevada for making false written statements in order to obtain property or credit.
If you have been accused of unlawfully making false written statements to obtain items or value or to borrow money, you can face serious charges and conviction could lead to criminal penalties that involve both financial loss and potential jail time. You need to take accusations seriously and make an informed plan about responding to charges from the time you first come under investigation.
A Vegas defense attorney can help. LV Criminal Defense has successfully represented many defendants accused of false written statements to obtain property or credit and we can stand by your side throughout your involvement with the Nevada justice system. This could mean representing you in or out of court , depending upon the circumstances of your case.
Our goal is to always help you get the best outcomes possible in every situation after you have been accused of wrongdoing, so you should give us a call as soon as you’re under investigation or have been charged.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Nevada laws criminalizing false statements to obtain property or credit are found in the fraud and false personification subcategory of property offenses, which are defined in Chapter 205 of Nevada’s penal code. The specific statute that criminalizes making false statements in order to get credit or to get property is Nevada Revised Statute section 205.375.
According to the relevant statute, any person can be convicted if that person knowingly makes false statements in writing that are meant to be relied upon for the purposes of procuring the delivery of real property; the payment of cash; the making of a loan; the extension or making of credit; the discounting of an account receivable; or the making or acceptance or endorsement of a bill or exchange or a promissory note.
In order to secure conviction, the prosecutor would need to prove the defendant made, or caused to be made, false statements either directly or indirectly. The defendant could have made the false statements personally or through any agency.
The prosecutor would also need to show that the defendant knowingly made the false statements, or caused the to be made, with the intent that the statements be relied upon for purposes of evaluating either the defendant’s financial condition, means, or ability to repay a loan or the financial condition means, or ability to repay of any other person. The defendant must have acted for his own benefit or the benefit of someone else in knowingly making the false statements.
The statute also criminalizes procuring property or credit despite knowing a false statement has been made, or affirming that a statement is true at a later date in time after the statement had been made, despite knowing that the statement was now false.
The crime is classified as a misdemeanor offense under N.R.S. 205.375, but misdemeanors can still be serious crimes and jail time could result.
Whether you are charged with a misdemeanor or a felony offense related to making false written statements to obtain property or credit, you need the right Vegas defense lawyer to help you. LV Criminal Defense knows the rules in N.R.S. 205.375 and we can advocate for you to avoid conviction or reduce penalties. To find out more about the help we can offer, give us a call today.