Minnesota Statutes 609.7475 – Fraudulent or Otherwise Improper Financing Statements
Subdivision 1.Definition.
As used in this section, “record” has the meaning given in section 336.9-102.
Subd. 2.Crime described.
Attorney's Note
Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Gross misdemeanor | up to 1 year | up to $3,000 |
Misdemeanor | up to 90 days | up to $1,000 |
Terms Used In Minnesota Statutes 609.7475
- Defense attorney: Represent defendants in criminal matters.
- Juror: A person who is on the jury.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
A person who:
(1) knowingly causes to be presented for filing or promotes the filing of a record that:
(i) is not:
(A) related to a valid lien or security agreement; or
(B) filed pursuant to section 336.9-502(d); or
(ii) contains a forged signature or is based upon a document containing a forged signature; or
(2) presents for filing or causes to be presented for filing a record with the intent that it be used to harass or defraud any other person;
is guilty of a crime and may be sentenced as provided in subdivision 3.
Subd. 3.Penalties.
(a) Except as provided in paragraph (b), a person who violates subdivision 2 is guilty of a gross misdemeanor.
(b) A person who violates subdivision 2 is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person:
(1) commits the offense with intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against:
(i) a judicial officer, as defined in section 609.415;
(ii) a prosecutor, defense attorney, or officer of the court, because of that person’s performance of official duties in connection with a judicial proceeding;
(iii) a sheriff or deputy sheriff because of that person’s performance of official duties;
(iv) a police officer or chief of police because of that person’s performance of official duties;
(v) an official or employee of the Department of Corrections or a local correctional agency because of that person’s performance of official duties; or
(vi) a county recorder because of that person’s performance of official duties in connection with the filing of liens placed on real property; or
(2) commits the offense after having been previously convicted of a violation of this section.
Subd. 4.Venue.
A violation of this section may be prosecuted in either the county of residence of the individual listed as debtor or the county in which the filing is made.