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State RegulationsNC specificDifficulty 3/5

An insurance company's officer willfully files a false financial statement under oath as required by North Carolina insurance law, and the officer is personally guilty of a Class I felony. What penalty may the court impose on the corporation itself?

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Answer & full 3-part explanation (select an option above, or peek)

Why C is correct

Under G.S. 58-2-180, a person who willfully makes a false statement in a required oath, affirmation, or subscribed statement commits a Class I felony, and when the violation is by an entity, the court fines the entity not less than $2,000 nor more than $10,000. This court-imposed corporate fine is a separate tier from the Commissioner's $100 to $1,000 civil penalties and the $1,000 to $5,000 cease-and-desist forfeitures.

Why the other options are wrong

  • A) The $100 to $1,000 civil penalty is the Commissioner's administrative remedy under G.S. 58-2-70, whereas this question concerns the court's fine on the entity under G.S. 58-2-180.
  • B) The $1,000 to $5,000 range under G.S. 58-63-50 punishes willful violation of a cease-and-desist order — a different offense with a different trigger.
  • D) G.S. 58-2-180 expressly contemplates a monetary fine on the entity; license action against the officer does not displace it.

Memory hook

False sworn statement: person = Class I felony, company = $2k to $10k fine.

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