A person who submits a false application for a bank loan can be facing federal fraud charges. The government would have to prove beyond a reasonable doubt that the defendant knowingly made a materially false statement to a federally insured bank for the purpose of influencing the bank's action.
The maximum penalty for this offense is 30 years in prison and/or a fine up to one million dollars. However, the actual sentence would depend on the federal sentencing guidelines. For this type of offense, the sentence would depend upon the amount of actual or intended loss to the bank.
It is not necessary for the bank to actually grant the loan for a person to be convicted. The crime only requires that the applicant act with intent to influence the bank's action -- it does not require either reliance by the bank officers on the false statements or actual defrauding.
Answered on Oct 02nd, 2001 at 12:00 AM