2005 California Financial Code Sections 3350-3369 Article 1. Miscellaneous Offenses

3350.  Any director, officer, or employee of a bank or of a foreign
banking corporation who asks for or receives, or consents or agrees
to receive any commission, emolument, or gratuity or any money,
property, or thing of value for his own personal benefit or of
personal advantage for procuring or endeavoring to procure for any
person any loan from such bank, or the purchase or discount of any
note, draft, check, bill of exchange, or other obligation by such
bank, or for permitting any person to overdraw any account with such
bank, is guilty of a felony.
3352.  Any director, officer, agent, or employee of any bank who
knowingly receives or possesses himself of any of its property
otherwise than in payment of a just demand, and with intent to
defraud, omits to make or cause to be made a full and true entry
thereof in its books and accounts or concurs in omitting to make any
material entry thereof is guilty of a felony.
3353.  Any director, officer, agent, or employee of a bank who
knowingly concurs in making or publishing any written report,
exhibit, or statement of its affairs or pecuniary condition
containing any material statement which is false, or having the
custody of its books wilfully refuses or neglects to make any proper
entry in such books as required by law, or to exhibit or allow the
same to be inspected or extracts to be taken therefrom by the
commissioner or his or her deputies or examiners, is guilty of a
felony.
3354.  (a) In this section, "subject person," when used with respect
to a bank, means any director or officer of the bank, any
controlling person of the bank, or any director or officer of a
controlling person of the bank.  For purposes of this subdivision,
"controlling person" has the meaning set forth in subdivision (c) of
Section 700.
   (b) No bank shall purchase any real or personal property or any
interest in real or personal property, including, but not limited to,
a leasehold, or any contract arising from the sale of real or
personal property or any note or bond in which any subject person of
such bank is personally or financially interested, directly or
indirectly, for such person's own account, for such person, or as the
partner or agent of others, without first obtaining the written
consent of the commissioner.
3355.  (a) In this section, "subject person" has the meaning set
forth in subdivision (a) of Section 3354.
   (b) No subject person of a bank shall purchase, directly or
indirectly, or be interested in the purchase of, any of the bank's
assets for an amount less than the then current market value thereof.
  Every person violating this section shall be liable to the people
of this state, for each offense, for twice the market value of the
assets so purchased.
3356.  (a) In this section, "subject person" has the meaning set
forth in subdivision (a) of Section 3354.
   (b) No subject person of a bank shall purchase, directly or
indirectly, or be interested in the purchase of any of the bank's
obligations or assets for an amount less than the book value thereof,
unless all the directors of such bank previously approve such
purchase by resolution, and a copy of such resolution is transmitted
to the commissioner immediately after adoption.  Every person
violating this section shall be liable to the people of the state,
for each offense, for twice the face value of the assets so
purchased.
3358.  No bank shall publish a statement of its resources or
liabilities in connection with those of any other bank, unless such
statement shall show the resources and liabilities of each bank
separately.
3359.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "Carrying a security" means maintaining, reducing, or retiring
indebtedness originally incurred to acquire a security.
   (2) "Controlling person" has the same meaning specified in Section
700.
   (3) "Security" has the following meanings:
   (A) When used with respect to a bank, "security" has the same
meaning set forth in subdivision (c) of Section 690.
   (B) When used with respect to any other person, "security" has the
same meaning set forth in Section 25019 of the Corporations Code.
   (b) No bank shall acquire, hold, extend credit on the security of,
or extend credit for the purpose of acquiring or carrying, any
security of the bank or of any controlling person of the bank.
   (c) (1) Any bank which acquires or holds securities in violation
of this section shall be liable to the people of this state for twice
the market, book, or face value of the securities, whichever is
greatest.
   (2) Any bank which extends credit in violation of this section
shall be liable to the people of this state for twice the amount of
the credit so extended.
   (d) This section does not apply to any of the following
transactions:
   (1) Any acquisition or extension of credit by a bank which is
necessary to reduce or prevent loss to the bank on debts previously
contracted in good faith.
   (2) Any redemption by a bank of any of its redeemable shares in
accordance with applicable provisions of this division and of
Division 1 (commencing with Section 100) of Title 1 of the
Corporations Code.
   (3) Any acquisition by a bank of any of its shares, other than an
acquisition of the type described in paragraph (1) or (2), if the
acquisition is approved in advance by the commissioner.
   (e) The provisions of Section 216.3 shall not apply to this
section.
3360.  The term "bank" wherever used in this article includes trust
companies.
3361.  Any officer, director, trustee, employee, or agent of any
bank in this state, who abstracts or willfully misapplies any of the
money, funds, or property of the bank, or willfully misapplies its
credit, is guilty of a felony.  Upon conviction, the court shall, in
addition to any other punishment imposed, order the person to make
full restitution to the bank.  Nothing in this section shall be
deemed or construed to repeal, amend or impair any existing provision
of law prescribing a punishment for such an offense.
3362.  Every director of a bank in this State who:
   (a) In case of the fraudulent insolvency of such bank, shall have
participated in such fraud; or
   (b) Wilfully does any act as such director which is expressly
forbidden by law or wilfully omits to perform any duty imposed upon
him as such director by law, is guilty of a misdemeanor.
   The insolvency of a bank is deemed fraudulent for the purposes of
this section, unless its affairs appear upon investigation to have
been administered clearly, legally, and with the same care and
diligence that agents receiving a compensation for their services are
bound, by law, to observe.
3363.  An officer or agent of any bank in this State, who makes or
delivers any guaranty or endorsement on behalf of such bank, whereby
it may become liable upon any of its discounted notes, bills or
obligations, in a sum beyond the amount of loans and discounts which
such bank may legally make, is guilty of a misdemeanor.
3364.  A director of a bank, organized under the laws of this State,
who concurs in any vote or act of the directors of such corporation,
or any of them, by which it is intended to make a loan or discount
to any director of such corporation, or upon paper upon which any
such director is liable or responsible to an amount exceeding the
amount allowed by the statutes is guilty of a misdemeanor.
3365.  Any director, trustee, officer or employee of any bank
organized under the laws of this state, who makes or maintains, or
attempts to make or maintain, a deposit of such bank's funds with any
other corporation on condition, or with the understanding, express
or implied, that the corporation receiving such deposit make a loan
or advance, directly or indirectly, to any director, trustee, officer
or employee of the corporation so making or maintaining or
attempting to make or maintain such deposit is guilty of a felony.
3366.  Any officer or employee of any bank organized under the laws
of this state, who intentionally conceals from the directors of the
bank any discounts or loans made by it between the regular meetings
of its board, or the purchase of any securities or the sale of its
securities during that period, or knowingly fails to report to the
board when required to do so by law, all discounts or loans made by
it and all securities purchased or sold by it between the regular
meetings of its board, is guilty of a misdemeanor.
3367.  Every officer, agent, teller, or clerk of any bank, and every
individual banker, or agent, teller, or clerk of any individual
banker, who receives any deposits, knowing that the bank, or
association, or banker is insolvent, is guilty of a misdemeanor.
3368.  Any officer, director, trustee, employee, or agent of any
bank, who wilfully makes a false or untrue entry in any book or
record or in any report, tag, or statement of the business, affairs,
or condition or in connection with any transaction of such bank, with
intent to deceive any officer, director or trustee thereof, or any
agent or examiner, private, or official, employed or lawfully
appointed to examine into its condition or into any of its affairs or
transactions, or any public officer, office, or board to which such
bank is required by law to report, or which has authority by law to
examine into its affairs or transactions, or into any of its affairs
or transactions, or who, with like intent, wilfully omits to make a
new entry of any matter particularly pertaining to the business,
property, condition, affairs, transactions, assets, or accounts of
such bank in any book, record, report, statement, or tag of such
bank, or who with like intent alters, abstracts, conceals, or
destroys any book, record, report, statement, or tag of such bank
made, written, or kept, or required to be made, written, or kept by
him or under his direction, is guilty of a felony.
3369.  (a) Any person who willfully and knowingly makes, circulates,
or transmits to another or others, any statement or rumor, written,
printed, or by word of mouth, which is untrue in fact and is directly
or by inference derogatory to the financial condition or affects the
solvency or financial standing of any bank doing business in this
State, or who knowingly counsels, aids, procures, or induces another
to start, transmit, or circulate any such statement or rumor, is
guilty of a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000) or by imprisonment for not more than one
year, or both.
   (b) The provisions of Section 216.3 shall not apply to this
section.