The California Crime of Filing False Documents
Penal Code 115 PC

California Penal Code 115 PC makes it a crime to knowingly file, register or record a false or forged document with a government office in the state.1

Probably the most common form of this California fraud crime is the filing of false or forged real estate deeds or deeds of trust—a variation on the crime of real estate fraud.2

However, you may be accused of filing false documents for filing, recording or registering virtually any kind of false or forged document in a California public office.3

Examples

Here are some examples of situations where defendants could be charged with filing a false document under Penal Code 115:

  • A woman forges a notarized deed transferring ownership of her elderly father's house to her and files it with the county clerk.
  • A house painter, angry with one of his clients, creates a fraudulent mechanic's lien for money the client does not actually owe him and files it with the county clerk.
  • The owner of a fishing boat files false fishing activity records with the California Department of Fish and Wildlife.
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Filing false documents cases often--but not always--involve real estate documents.

Penalties

Filing false or forged documents is a California felony.4

The potential penalties include sixteen (16) months, two (2) years or three (3) years in California state prison, and/or a fine of up to ten thousand dollars ($10,000).5

You may also face an additional fine of up to seventy-five thousand dollars ($75,000) if the alleged false document affects title to or places an encumbrance or mortgage on a single-family residence.6

In addition, filing false or fraudulent documents could be considered a crime of moral turpitude—which means that a conviction for PC 115 may have immigration consequences for non-citizen defendants.7

Legal defenses

If you or a loved one is charged with filing a false document, you will certainly benefit from the help of an experienced criminal defense attorney who can help you assert one of the following common legal defenses:

  • You had consent to file the document;
  • You didn't know that the document was false or forged; and/or
  • You were falsely accused.

In order to help you better understand the crime of filing false or forged documents in California, our California criminal defense attorneys will address the following:

1. Legal Definition of Filing False Documents

2. Penalties for Penal Code 115 Filing a False Document

2.1. Sentence enhancements
2.2. Immigration consequences of a filing false documents conviction

3. Legal Defenses to Charges of Filing False or Forged Documents

4. PC 115 and Related Offenses

4.1. Senior fraud
4.2. PC 470 forgery
4.3. PC 118 perjury

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

1. Legal Definition of Filing False Documents

The legal definition of California Penal Code 115 filing a false or forged document consists of the following “elements of the crime” (that is, facts that the prosecutor must prove in order for you to be guilty of this offense):

  1. You either a) offered a false or forged document for filing, recording or registration in a public office in California, or b) caused a false or forged document to be filed, recorded or registered in a public office in California;
  2. When you did so, you knew that the document was false or forged; and
  3. The document was one that, if genuine, could have been filed, recorded or registered in a California public office.8

Let's take a closer look at these elements in order to better understand how the legal definition of filing false documents works.

Offered or causing a document be filed

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You violate California Penal Code 115 when you either present for filing, or cause to be filed, a false or forged document.

You can be found guilty of filing false documents if you either:

  1. Offer a document for filing, recording or registration; or
  2. Cause a document to be filed, recorded or registered.9

“Offering” a document simply means that you present it to a government office to be filed, recorded or registered. If it does not actually get filed, you could still be convicted of PC 115 (as opposed to the lesser offense of attempting to file a false document).

Example: Araceli goes to the county clerk's office in her rural county to record a real estate deed. The deed is signed and notarized and transfers some land owned by Araceli's mother to Araceli herself.

But the county clerk is suspicious because he knows that Araceli and her mother haven't spoken in years. So he calls the notary public whose seal is on the deed. The notary claims that she did not actually notarize this deed and her seal and signature must have been forged.

Upon hearing this, the county clerk does not record the deed. Instead, he contacts the police.

Araceli can be convicted of filing a false document even though she did not succeed in getting the deed recorded—because she offered the deed for recording in a government office.

You can also be convicted of filing false or forged papers if you cause a document to be filed, recorded or registered. This means that you do not need to have done the filing yourself—you can cause someone else to do it for you.10

Example: Scott runs a foreclosure fraud scheme targeting immigrants whose English is poor and who are behind on their mortgage payments. He tells his victims that he will help them avoid foreclosure by negotiating reduced payments with their bank.

Scott presents documents for his victims to sign and claims that these simply give him permission to negotiate with the bank on their behalf. In fact these documents are deeds that transfer ownership of the victims' homes to Scott.

Scott works closely with his secretary Michelle, who is a notary. She travels with Scott to his victims' homes and notarizes the deeds that they sign. Then what typically happens is that Michelle will drive the victim to the county clerk's office, without Scott, and she and the victim will file the deed together.

Scott is not actually filing the false deeds himself. But he is still guilty of Penal Code 115 PC filing false deeds, because he causes Michelle and the victims to do the filing.

False or forged documents

Penal Code 115 PC applies to a broad range of documents that may be filed or recorded in government offices.11

Specifically, California's law against filing false instruments applies to any false or forged document if either of the following is true:

  1. The information contained in the document is of such a nature that the government is required or permitted by law to rely on it; or
  2. The information contained in the document materially affects the rights of third parties, in a way that is contemplated by the law or regulation providing for the document to be filed in a public office.12
Filingfalsedocs_mortgagekeys
It is common for filing false documents cases to involve mortgage fraud.

According to City of Orange fraud crimes defense attorney John Murray13:

“The classic PC 115 case involves real estate documents like title deeds or deeds of trust. But the fact is that prosecutors can charge you with filing false instruments over pretty much any kind of document that is commonly filed or recorded with a government office. The penalties under this statute are pretty tough, and in recent years prosecutors have been relying on it in a wider variety of cases.”

Here are some examples, drawn from actual cases, of less-intuitive uses of PC 115 to prosecute defendants:

Example: Mike and his ex-girlfriend Donna have a rocky relationship, and each has accused the other of domestic abuse.

Mike persuades a family law judge to issue him a temporary restraining order that will prevent Donna from contacting or harassing him. Mike is responsible for filing the order with the marshal's office. On his way there, he alters the TRO to add the additional condition that Donna's new boyfriend Paul stay away from both him and Donna.

The marshal suspects that the altered TRO has been tampered with and contacts the police instead of serving it on Donna and Paul.

Mike is guilty of California Penal Code 115 filing false documents for filing an altered (forged) TRO with the marshal's office.14

Example: After pleading guilty to a California misdemeanor, Iris is placed on misdemeanor (summary) probation. One of the conditions of her probation is that she perform a specified number of community service hours.

Iris is referred to a community service center for this requirement. It turns out that this center has earned a reputation for filling out forms for probationers claiming that they have completed community service hours that they haven't actually completed.

Iris happily makes use of this service. She repeatedly files with the probation office forms stating that she has performed volunteer work that she hasn't actually performed.

Iris can be found guilty of filing false documents under California Penal Code 115 for submitting these documents.15

Knowing that the document was false or forged

You are not guilty of filing a false or forged document unless you knew that the document was false or forged.16

This is often the hardest element to prove in a Penal Code 115 PC case. Without knowledge, there is no guilt.

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You are only guilty of recording a false or forged document if you knew the document was false or forged.

Example: Let's return to the example of Scott above. Scott runs a foreclosure fraud scam that involves persuading people facing foreclosure to sign over title to their property.

Scott's secretary Michelle is usually the one who actually records the deeds. But Michelle's English is not particularly good, and she does not know that the documents she is recording are anything other than what Scott says they are.

If Michelle is charged with filing false documents, she can probably fight the charges by arguing that she did not record the deeds knowingly.

2. Penalties for Penal Code 115 Filing a False Document

Filing false documents is a California felony. The potential penalties are:

  • Felony (formal) probation;
  • Sixteen (16) months, two (2) years or three (3) years in California state prison; and/or
  • A fine of up to ten thousand dollars ($10,000).17

It is important to note that you can be charged with a separate count of filing false documents for each document you offer for filing/recording. This is true even if the documents are closely related to each other.18

AND you will not be eligible to receive a sentence of probation if either of the following are true:

  1. You have a prior conviction for violating California Penal Code 115 PC; or
  2. You are convicted of more than one count of PC 115, and your actions resulted in a total loss to a victim or victims of more than one hundred thousand dollars ($100,000).19
2.1. Sentence enhancements

There are a number of sentence—and fine—enhancements that could apply to a PC 115 conviction.

First, if the false or forged document affects title to or places an encumbrance or mortgage on a single-family residence with up to four (4) residential units, then you may face an additional fine of up to seventy-five thousand dollars ($75,000).20

Second, if your actions end up depriving a victim or victims of more than sixty-five thousand dollars ($65,000)—and the prosecutor can prove that you intended to cause that loss—then you may face an additional and consecutive sentence of one (1) to four (4) years in prison.21

Third, you will face California's so-called “aggravated white collar crime enhancement” if all of the following are true:

  1. You are convicted of two (2) or more felonies involving fraud or embezzlement (one of which can be PC 115 filing false or forged documents) in the same criminal proceeding;
  2. The felonies are part of a pattern of related criminal conduct;
  3. The felonies are committed either against two (2) or more separate victims, or against the same victim on two (2) or more separate occasions; and
  4. Your actions are alleged to have deprived the victim or victims of more than one hundred thousand dollars ($100,000).22

This aggravated white collar crime enhancement can lead to an additional one (1) to five (5) years in state prison, and/or an additional fine of as much as five hundred thousand dollars ($500,000) or double the amount of the fraud (whichever is greater).23 

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Filing false documents with intent to defraud is a crime of moral turpitude.
2.2. Immigration consequences of a filing false documents conviction

If the prosecutor can prove that you acted with “intent to defraud,” then a conviction for filing a false or forged document will be considered a crime involving moral turpitude.24

This means that defendants who are not American citizens may face immigration consequences if they are convicted of PC 115 filing a false instrument.

Specifically:

  • You may face deportation if you are convicted of filing false documents with intent to defraud within five (5) years of being admitted to the United States;25
  • You may face deportation if you are convicted of Penal Code 115 with intent to defraud and you already have a conviction for another “crime involving moral turpitude” on your record;26 and
  • You will be deemed “inadmissible” for only one conviction of a crime of moral turpitude, no matter when it occurs. Being “inadmissible” means that you cannot re-enter the country after leaving, become a U.S. citizen, or apply for a green card.27

In addition, a conviction for a crime of moral turpitude can have serious consequences for your professional license if you are in certain professions (such as lawyer, doctor, etc.).

3. Legal Defenses to Charges of Filing False or Forged Documents

Fortunately, there are a variety of legal defenses to filing forged documents charges that an experienced fraud crimes defense attorney can assert on your behalf. Some of the most common include:

You had consent to file the document

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Consent to file the document is a potential defense to filing false document charges.

Many Penal Code 115 PC cases involve allegations that the defendant tricked an unsophisticated homeowner into signing a deed to his/her property, or even forged the homeowner's signature on a deed. In these cases the homeowner is often an elderly or disabled person.

But even though the situation may look suspicious, that doesn't mean that there really was any wrongdoing involved. In many of these cases, the homeowner actually did consent to the defendant recording the deed. But maybe s/he then forgot about that consent, or was convinced by a friend or relative to rescind it.

In any event, if you recorded a property document with the consent of the owner—or what you believed to be the consent of the owner—you should not be convicted of filing a false document.

You didn't know that the document was false or forged

As we discussed above, knowledge is a key element of the crime of filing false instruments.28 If the prosecutor can't prove that you knew the document was false or forged, you are not guilty of this offense.

This defense can be especially useful in cases where employees are charged for alleged fraud schemes spearheaded by their employers. Very often people who are just doing their jobs have no idea that they are doing something that could break the law.

You were falsely accused

In our experience, it is shockingly common for people to be accused of crimes they did not commit. Filing false documents is no different. Business or property disputes, or family drama, often lead to one person out-and-out lying about the actions or intentions of someone else.

If you find yourself a victim of false accusations, your best move is to contact an experienced criminal defense attorney immediately. S/he will know how to investigate the situation thoroughly and make sure the true story comes out.

4. PC 115 and Related Offenses

Related offenses that are often charged along with—or instead of—Penal Code 115 PC filing false documents include:

4.1. Senior fraud
Filingfalsedocs_elderfraud
Senior fraud/financial elder abuse is often charged along with filing false documents.

Fraud crimes—also known as “financial abuse”—against people who are sixty-five (65) or older are addressed by California's “senior fraud” laws (Penal Code 368 PC).29

It is very common for filing false documents cases to involve alleged victims who are 65 or older. In these cases, the defendant is often charged both under Penal Code 115 PC and under Penal Code 368 PC.

In cases involving alleged fraud worth more than $950, senior fraud is what is known as a “wobbler” in California law. This means that it may be charged as either a misdemeanor or a felony, at the prosecutor's discretion.

When charged as a felony, senior fraud carries a potential prison sentence of two (2), three (3) or four (4) years.30

4.2. PC 470 forgery

Penal Code 470 PC California forgery is the act of doing any of the following with intent to commit a fraud:

  • Signing someone else's name;
  • Faking a seal or someone else's handwriting;
  • Changing or falsifying a legal document; or
  • Faking, altering or presenting as genuine a false financial document.31

So if you forge someone's signature or seal on a recordable document, or alter a recordable document, and then present it to a government office for recording/filing—you are likely to be charged with both filing a false document and forgery.

Forgery is a wobbler. The potential felony sentence is sixteen (16) months, two (2) years or three (3) years.32

4.3. PC 118 perjury

You commit Penal Code 118 PC perjury when you deliberately give false information while under oath.33

You could be charged with both perjury and filing false documents if you knowingly provide incorrect information on a government document and then attempt to file or record it with a public office.

Perjury is a felony and carries a potential sentence of two (2), three (3) or four (4) years.34

Call us for help…

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For questions about the California crime of filing a false document, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group.

We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

You may also find helpful information in our related articles on Penal Code 470 PC Forgery; California Fraud Crimes; California Real Estate Fraud and Mortgage Fraud; Legal Definition of a California Felony; Crimes of Moral Turpitude in California Law; The Immigration Consequences of a California Criminal Conviction; Common Legal Defenses to California Crimes; Attempting to Commit a Crime in California Penal Code 21a PC; California Foreclosure Fraud; California Domestic Abuse Laws; California Temporary Restraining Orders; Legal Definition of a California Misdemeanor; Misdemeanor (Summary) Probation in California; Felony (Formal) Probation in California; California Embezzlement Law Penal Code 503 PC; California Deportable Crimes; California Inadmissible Crimes; How a California Criminal Conviction Can Affect Your Professional License; California's “Senior Fraud” Laws; Legal Definition of a “Wobbler” in California Law; and Penal Code 118 PC Perjury.

Legal References:


1 Penal Code 115 PC – Procuring or offering false or forged instrument for record; violations; punishment [California filing a false document law]. (“(a) Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony. (b) Each instrument which is procured or offered to be filed, registered, or recorded in violation of subdivision (a) shall constitute a separate violation of this section. (c) Except in unusual cases where the interests of justice would best be served if probation is granted, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any of the following persons: (1) Any person with a prior conviction under this section who is again convicted of a violation of this section in a separate proceeding. (2) Any person who is convicted of more than one violation of this section in a single proceeding, with intent to defraud another, and where the violations resulted in a cumulative financial loss exceeding one hundred thousand dollars ($100,000). (d) For purposes of prosecution under this section, each act of procurement or of offering a false or forged instrument to be filed, registered, or recorded shall be considered a separately punishable offense.”)

2 See, e.g., Penal Code 115.5 PC – Filing false or forged documents relating to single-family residences; punishment; false statement to notary public. (“(a) Every person who files any false or forged document or instrument with the county recorder which affects title to, places an encumbrance on, or places an interest secured by a mortgage or deed of trust on, real property consisting of a single-family residence containing not more than four dwelling units, with knowledge that the document is false or forged, is punishable, in addition to any other punishment, by a fine not exceeding seventy-five thousand dollars ($75,000).”)

3 Judicial Council of California Criminal Jury Instructions (“CALCRIM”) 1945 – Procuring Filing of False Document or Offering False Document for Filing (Pen. Code, § 115), Bench Notes. (“Modern cases have interpreted the term “instrument” expansively, including any type of document that is filed or recorded with a public agency that, if acted on as genuine, would have the effect of deceiving someone. (See People v. Parks (1992) 7 Cal.App.4th 883, 886–887 [9 CalRptr.2d 450]; Generes v. Justice Court (1980) 106 Cal.App.3d 678, 682–684 [165 Cal.Rptr. 222].) Thus, the courts have held that “instrument” includes a modified restraining order (People v. Parks, supra, 7 Cal.App.4th at p. 886), false bail bonds (People v. Garcia (1990) 224 Cal.App.3d 297, 306–307 [273 Cal.Rptr. 666]), and falsified probation work referrals (People v. Tate (1997) 55 Cal.App.4th 663, 667 [64 Cal.Rptr.2d 206]). In the recent case of People v. Powers (2004) 117 Cal.App.4th 291, 297 [11 Cal.Rptr.3d 619], the court held that fishing records were “instruments” under Penal Code section 115.”)

4 Penal Code 115 PC – Procuring or offering false or forged instrument for record; violations; punishment [California filing a false document law], endnote 1, above.

5 Penal Code 18 PC – Punishment for felony not otherwise prescribed; alternate sentence to county jail. (“(a) Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony [including PC 115 filing a false document] is punishable by imprisonment for 16 months, or two or three years in the state prison unless the offense is punishable pursuant to subdivision (h) of Section 1170.”)

Penal Code 672 PC – Offenses for which no fine prescribed; fine authorized in addition to imprisonment. (“Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies [including PC 115 filing a false document], in addition to the imprisonment prescribed.”)

6 Penal Code 115.5 PC – Filing false or forged documents relating to single-family residences; punishment; false statement to notary public, endnote 2, above.

7 See In re Hallinan (1954) 43 Cal.2d 243, 247. (“Although the problem of defining moral turpitude is not without difficulty, see, In re Hatch, 10 Cal.2d 147, 151, 73 P.2d 885; dissenting opinion of Mr. Justice Jackson in Jordan v. De George, 341 U.S. 223, 232, 71 S.Ct. 703, 95 L.Ed. 886; Schmidt v. United States, 2 Cir., 177 F.2d 450, 451, it is settled that whatever else it may mean, it includes fraud and that a crime in which an intent to defraud is an essential element [as it may be with PC 115 filing a false or fraudulent document] is a crime involving moral turpitude.”)

8 CALCRIM 1945 – Procuring Filing of False Document or Offering False Document for Filing (Pen. Code, § 115). (“The defendant is charged [in Count ] with (offering a (false/ [or] forged) document for (filing[,]/ [or] recording[,]/ [or] registration)/having a (false/ [or] forged) document (filed[,]/ [or] recorded[,]/ [or] registered)) [in violation of Penal Code section 115]. To prove that the defendant is guilty of this crime, the People must prove that: <Alternative 1A—offering> [1. The defendant offered a (false/ [or] forged) document for (filing[,]/ [or] recording[,]/ [or] registration) in a public office in California;] <Alternative 1B—procuring> [1. The defendant caused a (false/ [or] forged) document to be (filed[,]/ [or] recorded[,]/ [or] registered) in a public office in California;] 2. When the defendant did that act, (he/she) knew that the document was (false/ [or] forged); AND 3. The document was one that, if genuine, could be legally (filed[,]/ [or] recorded[,]/ [or] registered).”)

9 Same.

10 Same.

11 CALCRIM 1945 – Procuring Filing of False Document or Offering False Document for Filing (Pen. Code, § 115), Bench Notes, endnote 3, above.

12 People v. Powers (2004) 117 Cal.App.4th 291, 297. (“Notably, the Washington Supreme Court has held that “fish receiving tickets” that record similar fishing information as do California's fishing activity records are instruments under a criminal provision virtually identical to our section 115 [filing false documents law]. (State v. Price (1980) 94 Wash.2d 810, 620 P.2d 994.) In Price, convictions for knowingly offering a false instrument were affirmed where commercial fish buyers transmitted fish receiving tickets to the state Department of Game falsely stating that the fish were caught by Treaty Indians exercising treaty fishing rights in treaty waters. (Id. at pp. 995, 999.) In so ruling, the court determined that a document required or permitted to be filed, registered, or recorded in a public office is an instrument if “(1) the claimed falsity relates to a material fact represented in the instrument; and (2a) the information contained in the document is of such a nature that the government is required or permitted by law, statute or valid regulation to act in reliance thereon; or (2b) the information contained in the document materially affects significant rights or duties of third persons, when this effect is reasonably contemplated by the express or implied intent of the statute or valid regulation which requires the filing, registration, or recording of the document.” (Id. at p. 999.) The court found fish receipts to be instruments because the government necessarily relied and acted upon the falsely transmitted fishing information in its resource management, and the false information could adversely affect the allocation of fish to Treaty Indians. (Ibid.) A similar conclusion obtains here.”)

13 City of Orange fraud crimes defense attorney John Murray comments on criminal law issues for the Fox News Channel and practices criminal law, including defending clients accused of white-collar crimes like filing false documents, throughout Los Angeles County, Orange County, and Ventura County.

14 Based on People v. Parks (1992) 7 Cal.App.4th 883.

15 Based on People v. Tate (1997) 55 Cal.App.4th 663.

16 CALCRIM 1945 – Procuring Filing of False Document or Offering False Document for Filing (Pen. Code, § 115), endnote 8, above.

17 Penal Code 115 PC – Procuring or offering false or forged instrument for record; violations; punishment [California filing a false document law], endnote 1, above.

See also Penal Code 18 PC – Punishment for felony not otherwise prescribed; alternate sentence to county jail, endnote 5, above; Penal Code 672 PC – Offenses for which no fine prescribed; fine authorized in addition to imprisonment, endnote 5, above.

18 Penal Code 115 PC – Procuring or offering false or forged instrument for record; violations; punishment [California filing a false document law], endnote 1, above.

19 Same.

20 Penal Code 115.5 PC – Filing false or forged documents relating to single-family residences; punishment; false statement to notary public, endnote 2, above.

21 Penal Code 12022.6 PC – Taking, damaging or destruction of property; commission of felony; additional punishment. (“(a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony [including filing false documents], with the intent to cause that taking, damage, or destruction, the court shall impose an additional term as follows: (1) If the loss exceeds sixty-five thousand dollars ($65,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of one year. (2) If the loss exceeds two hundred thousand dollars ($200,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of two years. (3) If the loss exceeds one million three hundred thousand dollars ($1,300,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of three years. (4) If the loss exceeds three million two hundred thousand dollars ($3,200,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of four years.”)

22 Penal Code 186.11 PC – Multiple felonies involving fraud or embezzlement; sentence enhancement; fines; restitution; preservation and levy of defendant's property. (“(a)(1) Any person who commits two or more related felonies, a material element of which is fraud or embezzlement [potentially including filing false documents], which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking of, or results in the loss by another person or entity of, more than one hundred thousand dollars ($100,000), shall be punished, upon conviction of two or more felonies in a single criminal proceeding, in addition and consecutive to the punishment prescribed for the felony offenses of which he or she has been convicted, by an additional term of imprisonment in the state prison as specified in paragraph (2) or (3). This enhancement shall be known as the aggravated white collar crime enhancement. The aggravated white collar crime enhancement shall only be imposed once in a single criminal proceeding. For purposes of this section, “pattern of related felony conduct” means engaging in at least two felonies that have the same or similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics, and that are not isolated events. For purposes of this section, “two or more related felonies” means felonies committed against two or more separate victims, or against the same victim on two or more separate occasions. (2) If the pattern of related felony conduct involves the taking of, or results in the loss by another person or entity of, more than five hundred thousand dollars ($500,000), the additional term of punishment shall be two, three, or five years in the state prison. (3) If the pattern of related felony conduct involves the taking of, or results in the loss by another person or entity of, more than one hundred thousand dollars ($100,000), but not more than five hundred thousand dollars ($500,000), the additional term of punishment shall be the term specified in paragraph (1) or (2) of subdivision (a) of Section 12022.6. (b)(1) The additional prison term and penalties provided for in subdivisions (a), (c), and (d) shall not be imposed unless the facts set forth in subdivision (a) are charged in the accusatory pleading and admitted or found to be true by the trier of fact. (2) The additional prison term provided in paragraph (2) of subdivision (a) shall be in addition to any other punishment provided by law, including Section 12022.6, and shall not be limited by any other provision of law. (c) Any person convicted of two or more felonies, as specified in subdivision (a), shall also be liable for a fine not to exceed five hundred thousand dollars ($500,000) or double the value of the taking, whichever is greater, if the existence of facts that would make the person subject to the aggravated white collar crime enhancement have been admitted or found to be true by the trier of fact. However, if the pattern of related felony conduct involves the taking of more than one hundred thousand dollars ($100,000), but not more than five hundred thousand dollars ($500,000), the fine shall not exceed one hundred thousand dollars ($100,000) or double the value of the taking, whichever is greater.”)

23 Same.

24 In re Hallinan, endnote 7, above.

25 Immigration & Nationality Act (“INA”) 237(a)(2)(A). (“(i) Crimes of moral turpitude. Any alien who-- (I) is convicted of a crime involving moral turpitude [such as filing false documents with intent to defraud] committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) after the date of admission, and (II) is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable. (ii) Multiple criminal convictions Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.”)

26 Same.

27 INA 212(a)(2)(A)(i)(I) [inadmissible crimes]. (“(2) Criminal and related grounds (A) Conviction of certain crimes (i) In general Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-- (I) a crime involving moral turpitude (other than a purely political offense) [such as Cal Penal 115 filing a false document, with intent to defraud] or an attempt or conspiracy to commit such a crime . . . ,”)

28 CALCRIM 1945 – Procuring Filing of False Document or Offering False Document for Filing (Pen. Code, § 115), endnote 8, above.

29 Penal Code 368 PC – Crimes against elder or dependent adults [often charged along with Penal Code 115 PC filing false documents]. (“(d) Any person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows: (1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). (2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). (e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows: (1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). (2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). . . . (g) As used in this section, “elder” means any person who is 65 years of age or older.”)

30 Same.

31 Penal Code 470 PC – Forgery; signatures or seals; corruption of records [may be charged along with filing false or forged documents].

32 Penal Code 473 PC – Forgery; punishment. (“(a) Forgery is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.”)

Penal Code 1170(h) PC – Determinate sentencing. (“(h)(1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.”)

33 Penal Code 118 PC – “Perjury” defined; evidence necessary to support conviction [may be charged along with filing false or forged documents]. (“(a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.”)

34 Penal Code 126 PC – Punishment. (“Perjury is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years.”)

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