California Court of Appeal

In an action involving the submission of false social security numbers to assist customers in obtaining credit to purchase vehicles, denial of a Penal Code section 995 motion to set aside indictment for conspiracy to submit false written financial statements is vacated as: 1) the submission of false Social Security number does not amount to making a false financial statement in violation of Penal Code section 532; and 2) thereby, submission of those same numbers is likewise insufficient to support a conspiracy to make a false financial statement under the statute.

Appellate Information

• Decided 03/27/2008
• Published 03/27/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Richard Schwartzberg, Tustin, for Petitioners., Tony Rackauckas, District Attorney, and Craig McKinnon, Deputy District Attorney, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.