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HomeFinancial CodeDiv. 1.1Ch. 10Art. 1§ 1338 Bank Insolvency Deposit Fraud

§ 1338 Bank Insolvency Deposit Fraud

Financial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1338 Bank Insolvency Deposit Fraud

This law says that if someone who works at a bank takes money from customers knowing the bank is broke, they can get in trouble.

Key Takeaways

  • •Bank workers can't take deposits if they know the bank is broke.
  • •Doing this is a crime, even if the worker didn't steal the money.
  • •This applies to anyone working at a bank, not just the boss.

Example

A bank teller knows their bank is out of money but still takes deposits from customers.

The teller can be charged with a crime because they took money knowing the bank couldn't pay it back.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1338 Bank Insolvency Deposit Fraud

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, association, or banker is insolvent, is guilty of a misdemeanor. (Added by Stats. 2011, Ch. 243, Sec. 3. (SB 664) Effective January 1, 2012.)

Last verified: January 11, 2026

Key Terms

officeragenttellerclerkindividual bankerinsolventmisdemeanor

Related Statutes

  • § 1324 Bank Fraud By Insiders
  • § 1325 Bank Officer False Reports
  • § 1323 Bank Employee Bribery Prohibition
  • § 1327 Bank Financial Defamation Law
  • § 1333 Bank Director Misconduct Penalties

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 1338.
View Official Source