California Penal Code 641.4 – (a) An employee of a title insurer, underwritten title company, …
(a) An employee of a title insurer, underwritten title company, or controlled escrow company who corruptly violates § 12404 of the Insurance Code by paying, directly or indirectly, a commission, compensation, or other consideration to a licensee, as defined in § 10011 of the Business and Professions Code, or a licensee who corruptly violates § 10177.4 of the Business and Professions Code by receiving from an employee of a title insurer, underwritten title company, or controlled escrow company a commission, compensation, or other consideration, as an inducement for the placement or referral of title business, is guilty of commercial bribery.
(b) For purposes of this section, commercial bribery is punishable by imprisonment in a county jail for not more than one year, or by a fine of ten thousand dollars ($10,000) for each unlawful transaction, or by both a fine and imprisonment.
Terms Used In California Penal Code 641.4
- corruptly: import s a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person. See California Penal Code 7
- county: includes "city and county". See California Penal Code 7
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- person: includes a corporation as well as a natural person. See California Penal Code 7
(c) For purposes of this section, “title business” has the same meaning as that used in § 12404 of the Insurance Code.
(d) This section shall not preclude prosecution under any other law.
(e) This section shall not be construed to supersede or affect Section 641.3. A person may be charged with a violation of this section and Section 641.3. However, a defendant may not be punished under this section and Section 641.3 for the same act that constitutes a violation of both this section and Section 641.3.
(Added by Stats. 1997, Ch. 718, Sec. 3. Effective January 1, 1998.)