Is it a Crime to Alter an Affidavit in Florida?
Full Question:
An altered affidavit of a warranty deed 10 days after sworn resulted in the tax sale of my property. Is it a crime to alter an affidavit?
06/17/2009 |
Category: Criminal |
State: Florida |
#17024
Answer:
Please see the following FL statutes to determine applicability:
831.01 Forgery. —
Whoever falsely makes, alters, forges or counterfeits a
public record, or a certificate, return or attestation of
any clerk or register of a court, public register, notary
public, town clerk or any public officer, in relation to a
matter wherein such certificate, return or attestation may
be received as a legal proof; or a charter, deed, will,
testament, bond, or writing obligatory, letter of attorney,
policy of insurance, bill of lading, bill of exchange or
promissory note, or an order, acquittance, or discharge for
money or other property, or an acceptance of a bill of
exchange or promissory note for the payment of money, or any
receipt for money, goods or other property, or any passage
ticket, pass or other evidence of transportation issued by a
common carrier, with intent to injure or defraud any person,
shall be guilty of a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
831.02 Uttering forged instruments. —
Whoever utters and publishes as true a false, forged or
altered record, deed, instrument or other writing mentioned
in s. 831.01 knowing the same to be false, altered, forged
or counterfeited, with intent to injure or defraud any
person, shall be guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
817.03 Making false statement to obtain property or
credit. —
Any person who shall make or cause to be made any false
statement, in writing, relating to his or her financial
condition, assets or liabilities, or relating to the
financial condition, assets or liabilities of any firm or
corporation in which such person has a financial interest,
or for whom he or she is acting, with a fraudulent intent of
obtaining credit, goods, money or other property, and shall
by such false statement obtain credit, goods, money or other
property, shall be guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
817.2341 False or misleading statements or supporting
documents; penalty. —
(1) Any person who willfully files with the department or
office, or who willfully signs for filing with the
department or office, a materially false or materially
misleading financial statement or document in support of
such statement required by law or rule, with intent to
deceive and with knowledge that the statement or document is
materially false or materially misleading, commits a felony
of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
(2)
(a) Any person who makes a false entry of a material fact
in any book, report, or statement relating to a transaction
of an insurer or entity organized pursuant to chapter 624 or
chapter 641, intending to deceive any person about the
financial condition or solvency of the insurer or entity,
commits a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
(b) If the false entry of a material fact is made with the
intent to deceive any person as to the impairment of
capital, as defined in s. 631.011(12), of the insurer or
entity or is the significant cause of the insurer or entity
being placed in conservation, rehabilitation, or liquidation
by a court, the person commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(3)
(a) Any person who knowingly makes a material false
statement or report to the department or office or any agent
of the department or office, or knowingly and materially
overvalues any property in any document or report prepared
to be presented to the department or office or any agent of
the department or office, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(b) If the material false statement or report or the
material overvaluation is made with the intent to deceive
any person as to the impairment of capital, as defined in
s. 631.011(12), of an insurer or entity organized pursuant
to chapter 624 or chapter 641, or is the significant cause
of the insurer or entity being placed in receivership by a
court, the person commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(4) As used in this section, the term:
(a) "Department" means the Department of Financial Services.
(b) "Office" means the Office of Insurance Regulation of the
Financial Services Commission.