Joe, aware that he is about to be sued by the Alex, and others and is being investigated by the government, decides he needs to get additional funds for his business to pay for the lawyers’ fees in defending the matter. The Bank requires Joe to disclose any foreseeable liabilities. Joe says that he had not been sued for anything, which is a true statement. Joe gets a $3MM loan on the basis of his loan application. Joe fails to mention anything about the suits he knows are coming on the company’s 10K report to the SEC.
What are the legal ramifications of Joe’s actions and why?