DIVISION 6. ESCROW AGENTS [17000. - 17703.]

Division 6 enacted by Stats. 1951, Ch. 364.

§§ 17000–17703 · 181 sections

CHAPTER 1. Application of This Division §§ 17000–17010 · 19 sections
- § 17000 This division is known and may be cited as the “Escrow Law.”
- § 17001 Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division.
- § 17002 “Commissioner” means the Commissioner of Financial Protection and Innovation.
- § 17002.5 “Person” means, in addition to the singular, persons, group of persons, co-operative, association, company, firm, partnership, corporation, limited liability…
- § 17003 (a) “Escrow” means any transaction in which one person, for the purpose of effecting the sale, transfer, encumbering, or leasing of real or personal property…
- § 17004 “Escrow agent” means any person engaged in the business of receiving escrows for deposit or delivery.
- § 17004.5 “Internet escrow agent” means any person engaged in the business of receiving escrows for deposit or delivery over the Internet.
- § 17005 “Licensee” means any person holding a valid, unrevoked license as an escrow agent.
- § 17005.1 “Joint control agent” means a person engaging in the business of receiving money or other property for disbursal or use in payment of the cost of labor,…
- § 17005.2 “Business location” and “business office location” mean a facility or other place of business where a person engages in the business of receiving an escrow for…
- § 17005.3 “Customer contact center” means a facility operated by an Internet escrow agent that exists solely for the purpose of responding to customer electronic…
- § 17005.4 “Person subject to this division” means any person undertaking the performance of escrow agent services. Unless specifically exempted, as in Section 17006,…
- § 17005.5 “Within this state” means any activity of a person relating to receiving escrows for deposit or delivery that originates from this state and is directed to…
- § 17005.6 Except as provided for in Section 17004, “escrow agent” as used in this division includes joint control agents and Internet escrow agents.
- § 17006 (a) This division does not apply to: (1) Any person doing business under any law of this state or the United States relating to banks, trust companies,…
- § 17006.5 In any proceeding under this law, the burden of proving an exemption or an exception from a definition is upon the person claiming it.
- § 17008 No foreign corporation shall transact any escrow business in this State without first complying with all the requirements of this division, nor until it has…
- § 17009 The commissioner shall forward by prepaid registered mail a copy of every paper served under this chapter, to the secretary of the corporation at its last…
- § 17010 The commissioner shall collect from the plaintiff at the time of service, the sum of two dollars ($2) for each copy of process served on him pursuant to this…
CHAPTER 2. License and Bond §§ 17200–17215 · 26 sections
- § 17200 It shall be unlawful for any person to engage in business as an escrow agent within this state except by means of a corporation duly organized for that purpose…
- § 17200.8 (a) Within the organization of each escrow agent corporation, either as an owner, officer, or employee, there shall be one or more persons possessing a minimum…
- § 17201 (a) An application for a license as an escrow agent shall be in writing and in such form as is prescribed by the commissioner. The application shall be…
- § 17202 (a) At the time of filing an application for an escrow agent’s license, the applicant shall deposit with the commissioner a bond satisfactory to the…
- § 17202.1 An applicant for an escrow agent’s license or a licensee may, in lieu of and subject to the same conditions as the bond required by Section 17202, deposit with…
- § 17203 The bond of an escrow agent shall be conditioned that the licensee will faithfully conform to and abide by the provisions of this division and all the rules…
- § 17203.1 (a) All officers, directors, trustees, and employees of an escrow agent, whether or not compensated, who have access to money or negotiable securities…
- § 17205 No action may be brought on an escrow agent’s bond by any person after the expiration of two years from the time when the act or default complained of occurs.
- § 17206 When an action is commenced on an escrow agent’s bond the commissioner may require the filing of a new bond, and immediately upon the recovery of any action on…
- § 17207 The commissioner shall charge and collect the following fees and assessments: (a) For filing an application for an escrow agent’s license, six hundred…
- § 17208 All money received by the commissioner shall be paid by him or her into the State Treasury to the credit of the State Corporations Fund for the sole purpose of…
- § 17209 An application for a license as an escrow agent shall be signed and verified by an authorized officer of the applicant, and such application shall be…
- § 17209.1 Upon the receipt of a proper and complete application for license, and all required fees, the commissioner shall immediately examine and investigate all facts…
- § 17209.2 The commissioner may or may not require an applicant to submit to an appropriate hearing. If a hearing is held the commissioner shall, on or before 10 days…
- § 17209.3 The commissioner may refuse to issue any license being applied for, and shall refuse to issue any license being applied for if upon the commissioner’s…
- § 17209.4 The license shall state whether the licensee is licensed as an escrow agent or joint control agent.
- § 17210 (a) An escrow agent licensed on or after January 1, 1986, shall maintain at all times a tangible net worth of fifty thousand dollars ($50,000), including…
- § 17210.1 The license shall be kept conspicuously posted in all places of business of the licensee.
- § 17210.2 (a) No escrow agent shall disseminate, or cause or permit to be disseminated, in any manner whatsoever, any statement or representation which is false,…
- § 17212.1 All licensees shall notify the commissioner of any changes in shareholders, directors, officers, trustees, managers, and other persons participating in the…
- § 17213 (a) An escrow agent shall not transact business pursuant to this division under any other name than that set forth in the articles of incorporation as filed…
- § 17213.1 (a) An escrow agent’s business shall not be removed from the premises or address shown on the license without the prior approval of the commissioner, and…
- § 17213.2 The commissioner may order a licensed escrow agent which opens a branch office or changes its business location or locations without first obtaining the…
- § 17213.5 Licensees of this division shall be entitled to establish additional business office locations by compliance with all of the following: (a) Filing with the…
- § 17214 (a) There is established in the Department of Financial Protection and Innovation an Escrow Law Advisory Committee consisting of 11 members. The members shall…
- § 17215 Whenever the commissioner issues a license or order under this division, the commissioner may impose conditions that are necessary and appropriate to carry out…
CHAPTER 2.5. Escrow Agents’ Fidelity Corporation §§ 17300–17350 · 47 sections
1. ARTICLE 1. Definitions §§ 17300–17305 · 6 sections
  - § 17300 “Fidelity Corporation” means the Escrow Agents’ Fidelity Corporation.
  - § 17301 “Member” means any person licensed under this division who is required by Section 17312 to be a member of Fidelity Corporation.
  - § 17302 “Trust obligation” means: (a) All money and property deposited with a member within the State of California in an escrow or joint control transaction. (b) All…
  - § 17303 “Commissioner” means the Commissioner of Financial Protection and Innovation.
  - § 17304 “Loss,” within the meaning of this chapter, means the loss of trust obligations held by a member within the State of California as a result of the fraudulent…
  - § 17305 “Monthly average escrow liability,” as used in this chapter, means the average escrow liability for the 12-month period as reported in the most recent report…
2. ARTICLE 2. Purpose: Scope of Guarantee §§ 17310–17315 · 10 sections
  - § 17310 (a) It shall be the purpose of Fidelity Corporation to indemnify a member within the State of California against loss, subject to the limitations set forth in…
  - § 17311 (a) Persons licensed pursuant to this division shall maintain a corporation under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section…
  - § 17312 (a) Each person licensed pursuant to this division who is engaged in the business of receiving escrows specified in subdivision (c) and whose escrow business…
  - § 17313 The commissioner shall review and approve the articles of incorporation and bylaws of Fidelity Corporation before they are filed with the Secretary of State.
  - § 17313.1 The fiscal year of Fidelity Corporation shall commence on July 1 of each year.
  - § 17314 (a) Fidelity Corporation shall pay a member for loss of trust obligations subject to the limitations set forth in this chapter. Fidelity Corporation shall pay…
  - § 17314.1 (a) Notwithstanding any other provision of this article, Fidelity Corporation shall not be obligated to pay any claim made by a member unless (1) the claim…
  - § 17314.2 Claims filed prior to the effective date of this chapter shall be governed by the provisions in effect when the loss occurred.
  - § 17314.3 (a) A deductible shall apply to each loss suffered by a member in the amount of five thousand dollars ($5,000), plus 5 percent of the amount by which the loss…
  - § 17315 The commissioner may establish rules which are reasonable and necessary to carry out the provisions of this chapter.
3. ARTICLE 3. Membership Fee and Assessments §§ 17320–17324 · 7 sections
  - § 17320 Fidelity Corporation shall establish and maintain the following funds for payment of claims and for payment of costs of administration: the membership fund,…
  - § 17321 Fidelity Corporation shall bill and collect from each member an annual premium that in the aggregate shall consist of assessments for the operations fund and…
  - § 17321.1 Fidelity Corporation shall levy a special assessment against its members whenever: (a) Deemed necessary by the board of directors in the event of any…
  - § 17321.2 Fidelity Corporation shall be entitled to collect late fees as specified in Fidelity Corporation’s bylaws for any late payment of assessments under Section…
  - § 17322 Fidelity Corporation shall report to the commissioner each levy of assessment within 10 business days after the levy.
  - § 17323 (a) In the event any member fails to pay an assessment when due, Fidelity Corporation shall by written demand addressed to the member request the payment of…
  - § 17324 Any reduction in the membership fund caused by payment of an extraordinary expense pursuant to subdivision (a) of Section 17320 or payment of claims pursuant…
4. ARTICLE 4. General Provisions §§ 17330–17350 · 24 sections
  - § 17330 Any member or successor in interest who suffers a loss may file a claim with Fidelity Corporation for the amount of the loss.
  - § 17331 (a) An applicant applying for licensure as an escrow agent under this division is required to apply for a Fidelity Corporation Certificate, prepared and issued…
  - § 17331.1 (a) Any person not previously issued a certificate must, upon employment with an escrow agent within this state, apply to Fidelity Corporation for a…
  - § 17331.2 (a) Fidelity Corporation shall deny the application for a certificate or revoke the certificate of any person, upon any of the following grounds: (1) The…
  - § 17331.3 (a) Notice to the person, and to the member with whom the person is employed, of the decision to deny an application for or to revoke or suspend a Fidelity…
  - § 17332 When either Fidelity Corporation or the insurer providing the fidelity bond or insurance policy, if any, under Section 17310, or both, pay an obligation on…
  - § 17333 The commissioner may forthwith upon written notice and order take possession of the property and business of Fidelity Corporation and retain possession until…
  - § 17334 Whenever the commissioner has taken possession of the property and business of Fidelity Corporation, Fidelity Corporation within 10 business days after the…
  - § 17335 An appeal may be taken from the judgment of the court by the commissioner or by Fidelity Corporation in the manner provided by law for appeals from the…
  - § 17336 (a) Fidelity Corporation shall have independent authority to investigate claims filed by members pursuant to Section 17330. (b) Fidelity Corporation, upon…
  - § 17337 Fidelity Corporation may invest its funds only as provided by rules of the commissioner adopted with a view to preserving reasonable liquidity. Upon request of…
  - § 17339 Prior to incurring any extraordinary or nonrecurring expense, Fidelity Corporation shall first obtain the written consent of the commissioner.
  - § 17340 In the event the board of directors of Fidelity Corporation deem it necessary and prudent to raise additional moneys for payment of claims or expenses of…
  - § 17341 The commissioner shall give prompt notice to Fidelity Corporation when the commissioner takes possession of the property and business of a member and shall…
  - § 17342 Memberships issued by Fidelity Corporation shall be nontransferable and shall be exempt from the provisions of the Corporate Securities Law of 1968.
  - § 17343 No provision of the Insurance Code shall apply to Fidelity Corporation.
  - § 17344 The operation of Fidelity Corporation shall at all times be subject to the regulation of the commissioner and the commissioner’s duly designated…
  - § 17345 Any member aggrieved by any action or decision of Fidelity Corporation may appeal to the commissioner within 30 days from the action or decision, except that…
  - § 17345.1 (a) A member or successor in interest aggrieved by any action or decision of Fidelity Corporation may file a written request for a hearing with the…
  - § 17346 (a) Fidelity Corporation and its members shall not advertise, print, display, publish, distribute, or broadcast, or cause or permit to be advertised, printed,…
  - § 17347 (a) The Secretary of State shall not file articles for the incorporation of Fidelity Corporation or an amendment to the articles unless the commissioner has…
  - § 17348 In order to permit Fidelity Corporation to fulfill its obligation under this chapter, the commissioner shall furnish a list of all persons licensed under this…
  - § 17349 If Fidelity Corporation is dissolved, subject to the approval of the commissioner, the net assets after settling all liabilities shall be distributed to the…
  - § 17350 All costs and expenses incurred by the commissioner in the administration of this chapter shall be paid to the commissioner by Fidelity Corporation. The…
CHAPTER 3. Escrow Regulations §§ 17400–17425 · 33 sections
- § 17400 The commissioner may from time to time make, amend, and rescind the rules, forms, and orders that are necessary to carry out the provisions of this division,…
- § 17402 No person subject to this division or any officer thereof shall advertise in any manner or publish any statement of its capital, other than amounts fully paid…
- § 17403 (a) No person subject to this division shall issue, circulate, or publish any advertisement by any means of communication, or make use of or circulate any…
- § 17403.1 No person subject to this division shall describe as an escrow, whether orally, in writing, or electronically, any transaction that is not defined as such in…
- § 17403.2 (a) No person subject to this division shall solicit or accept an escrow instruction or amended or supplemental escrow instruction containing any blank to be…
- § 17403.3 (a) At the time of execution a copy of each escrow instruction or amended or supplemental escrow instruction shall be delivered to all persons executing the…
- § 17403.4 All written escrow instructions and all escrow instructions transmitted electronically over the Internet executed by a buyer or seller, whether prepared by a…
- § 17403.5 (a) All records required by this chapter may be retained by an Internet escrow agent and provided to the commissioner in electronic format. (b) All transfers…
- § 17404 Every person subject to this division shall keep and use in its business, books, accounts, and records which will properly enable the commissioner to determine…
- § 17405 (a) The business, accounts and records of every person performing as an escrow agent, whether required to be licensed under this division or not, are subject…
- § 17405.1 The cost of every inspection and examination of a licensee or other person subject to this division shall be paid to the commissioner by the licensee or person…
- § 17406 (a) Each licensee shall submit to the commissioner, at the licensee’s own expense, an audit report containing audited financial statements covering the…
- § 17406.1 (a) Whenever the reports and financial statements required pursuant to subdivision (a), (b), or (c) of Section 17406 are to be reported upon or certified by an…
- § 17408 (a) If any person subject to this division fails to make any report required by law or by the commissioner, the commissioner may immediately cause the books,…
- § 17409 (a) All moneys deposited in escrow to be delivered upon the close of the escrow or upon any other contingency shall be deposited and maintained in a…
- § 17409.1 (a) Each person subject to this chapter shall maintain separate escrow trust accounts for each licensed location. Transfers between accounts are prohibited…
- § 17410 (a) Escrow or trust funds are not subject to enforcement of a money judgment arising out of any claim against the licensee or person acting as escrow agent,…
- § 17411 No person shall knowingly keep or cause to be kept any funds or money in any bank or state or federal savings and loan association under the heading of “trust…
- § 17411.1 “Trust funds” or “escrow accounts” as used in Sections 17409, 17410, and 17411 shall include all funds required to be held by an escrow agent pursuant to a…
- § 17414 (a) It is a violation for any person subject to this division or any director, stockholder, trustee, officer, agent, or employee of any such person to do any…
- § 17414.1 (a) Any person who has been convicted of or pleaded nolo contendere to any crime specified in subdivision (b) within the past 10 years, or has been held liable…
- § 17414.2 (a) In response to any written request by an escrow agent or by Fidelity Corporation, any bank, savings association, credit union, any other financial…
- § 17415 (a) If the commissioner, as a result of any examination or from any report made to the commissioner, shall find that any person subject to this division is in…
- § 17416 Whenever in the opinion of the commissioner any person, except as named in Section 17006, is engaged, either actually or through subterfuge, in the business of…
- § 17419 On and after January 1, 1992, any person seeking employment with an escrow agent shall complete an employment application on or before the first day of…
- § 17420 Except for the normal compensation of his own employees, it shall be a violation of this division for any person subject to this division to pay over to any…
- § 17421 Notwithstanding the provisions of Section 17420, a disbursal, other than for a fee, commission or compensation may be advanced or paid out prior to the close…
- § 17421.5 (a) Notwithstanding Section 17420, a licensee may charge a fee for administering an escrow that has been postponed for at least two months from the most recent…
- § 17422 A joint control agent, unless acting pursuant to written instructions of his principals, shall not disburse funds for the payment of the cost of labor,…
- § 17423 (a) The commissioner may, after appropriate notice and opportunity for hearing, by order, censure or suspend for a period not exceeding 12 months, or bar from…
- § 17423.1 (a) (1) Whenever the commissioner takes any enforcement or disciplinary action pursuant to Section 17423, upon the action becoming final the commissioner shall…
- § 17424 (a) For any licensee, a disciplinary action taken by the State of California, another state, an agency of the federal government, or another country for an…
- § 17425 Any person subject to this division or any director, stockholder, trustee, officer, agent, or employee of that person who violates any provision of the federal…
CHAPTER 4. Revocation of License §§ 17600–17609.2 · 14 sections
- § 17600 (a) An escrow agent’s license remains in effect until surrendered, revoked, or suspended. (b) A licensee that ceases to engage in the business regulated by…
- § 17601 If the commissioner has reason to believe that any escrow agent is violating the provisions of this division, the commissioner may investigate the escrow…
- § 17602 If it appears to the commissioner that any licensed escrow agent is violating or has violated its articles of incorporation, or any law or rule binding upon…
- § 17602.5 If any licensed escrow agent fails to make any reports required by law or by the commissioner within ten (10) days from the day designated for the making of…
- § 17603 If it appears to the commissioner that any licensed escrow agent is conducting or has conducted business in an unsafe or injurious manner, the commissioner…
- § 17604 No order issued pursuant to Sections 17602 or 17603 may become final except after notice to any licensed escrow agent affected thereby of the intention of the…
- § 17605 The licensed escrow agent has ten (10) days after an order is made final in which to commence action to restrain enforcement of such order, and unless such…
- § 17606 The commissioner may immediately revoke by order the escrow agent’s license if the licensee fails to comply with any order, unless the escrow agent secures a…
- § 17606.1 The license of an escrow agent shall be deemed revoked upon the completion or closure of a court approved liquidation of the business of the escrow agent,…
- § 17607 (a) Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision…
- § 17608 The commissioner may, after notice and a reasonable opportunity to be heard, suspend or revoke any license if he finds that: (a) The licensee has failed to…
- § 17609 The revocation, suspension, surrender or expiration of an escrow agent’s license does not impair or affect pre-existing escrows lawfully contracted, but…
- § 17609.1 The power of investigation and examination by the commissioner is not terminated by the surrender, suspension, or revocation of any license issued by him.
- § 17609.2 Whenever the commissioner deems it necessary for the general welfare of the public, the commissioner has continuous authority to exercise the powers set forth…
CHAPTER 5. Hearings §§ 17610–17614 · 5 sections
- § 17610 The commissioner, and all persons designated by him, may administer oaths, take the testimony of witnesses, and issue subpenas requiring the attendance of…
- § 17611 (a) The commissioner may make such investigations as he or she deems necessary to determine whether any person has violated or is about to violate any…
- § 17612 The authority to make or conduct any examination, investigation, or hearing, including the authority to administer oaths and to subpena witnesses, and to take…
- § 17613 All hearings provided for in this division shall be conducted in accordance with the provisions of Chapter 5, Part 1, Division 3, Title 2, of the Government…
- § 17614 Every order, decision, license or other official act of the commissioner is subject to review, in accordance with law.
CHAPTER 6. Liquidation and Conservatorship §§ 17621–17654 · 33 sections
1. ARTICLE 1. Possession by Commissioner §§ 17621–17629 · 8 sections
  - § 17621 Whenever it appears to the commissioner that any escrow agent subject to this division: (a) Is in an insolvent condition; (b) Is conducting escrow business in…
  - § 17622 Whenever the commissioner has taken possession of any licensee, such licensee, within 10 days after such taking, if it deems it is aggrieved thereby, may apply…
  - § 17623 An appeal from a judgment enjoining the commissioner from further proceedings and directing the commissioner to surrender the business, property, and assets to…
  - § 17625 If the commissioner’s demand for the possession of the property, business and assets is not complied with within 24 hours after service of the demand, the…
  - § 17626 When the commissioner takes possession of the property, business and assets of any licensee, such licensee or the president and secretary of such licensee…
  - § 17627 The commissioner may issue subpoenas and require the attendance of parties for examination under this article as provided for in this chapter.
  - § 17628 When the commissioner takes possession of the business, property, and assets of a licensee, he may appoint a custodian. The commissioner may require a good and…
  - § 17629 When the commissioner takes possession of the property, business, and assets of a licensee, he may collect all money due to such licensee and give receipt…
2. ARTICLE 2. Conservatorship §§ 17630–17634 · 5 sections
  - § 17630 If any facts occur which would entitle the commissioner under Section 17621 to take possession of the property, business and assets of a licensee the…
  - § 17631 Subject to the other provisions of this article, a conservator, while in possession of the property, business and assets of a licensee, has the same powers and…
  - § 17632 Upon appointing a conservator the commissioner shall cause to be made and completed at the earliest possible date such an examination of the affairs of the…
  - § 17633 A conservator, while in possession of the property, business and assets of a licensee, may call, upon the notice required by the licensee’s bylaws, a meeting…
  - § 17634 If the commissioner becomes satisfied that it may be done safely and in the public interest, he may terminate the conservatorship and permit the licensee for…
3. ARTICLE 3. Liquidation by the Commissioner §§ 17635–17654 · 20 sections
  - § 17635 If at any time after taking possession of the property and business of a licensee it shall appear to the commissioner that it would be futile to proceed as…
  - § 17636 Whenever the commissioner has taken possession of the property and business of a licensee he may petition the superior court for the appointment of a receiver…
  - § 17637 The commissioner may appoint one or more special deputies to assist in the duties of liquidation and distribution under his direction and may also employ such…
  - § 17638 In liquidating the affairs of a licensee the commissioner may: (a) Collect all money due to, and claims of, the licensee and give receipt therefor. (b) Approve…
  - § 17639 After the issuance of an order of liquidation under Section 17635, any of the following transactions occurring within four months prior to the application for…
  - § 17640 If the commissioner is in possession of the business, property, and assets of a licensee, whether or not he is liquidating the affairs of such licensee, the…
  - § 17641 Claims for damages resulting from the disaffirmance of an executory contract or lease by the commissioner may be filed and allowed. No claim of a landlord for…
  - § 17642 When the commissioner determines to liquidate a licensee, he shall cause an inventory of all the assets of the licensee to be made in duplicate, file the…
  - § 17643 When the commissioner determines to liquidate a licensee he shall cause notice to be given by publication once a week for four successive weeks in some…
  - § 17644 All claims, demands, or causes of action of creditors, and persons other than the parties to an escrow transaction against the licensee or against any property…
  - § 17645 Upon the expiration of the time fixed for the presentation of claims, the commissioner shall prepare in duplicate a full and complete schedule of all claims…
  - § 17646 Not later than five days after the time of filing the schedule of claims with the court, written notice shall be mailed to all claimants whose claims have been…
  - § 17647 Regardless of any law of this state, the judges of the superior court of the county in this state in which the principal office of the licensee is located may,…
  - § 17648 If it appears improbable that anything can be realized from any property of the licensee and that the cost of maintaining, preserving, or protecting the…
  - § 17649 For the purpose of executing and performing any of the powers and duties conferred upon him by this article, the commissioner may in the name of the licensee…
  - § 17650 If any real property of the licensee sold by the commissioner is located in a county other than the county in which the application to the court for permission…
  - § 17651 When the commissioner has (a) fully liquidated all claims other than claims of stockholders, and (b) made due provision for any and all known but unclaimed…
  - § 17652 Upon the payment of a final dividend in liquidation, the commissioner shall prepare and file with the court a full and final statement of the liquidation,…
  - § 17653 In making its order approving the commissioner’s final statement of the liquidation of a licensee, the court shall determine the amounts of the liquidating…
  - § 17654 The order of the court approving the final statement on liquidation shall provide for the destruction or other disposition of the books and records of the…
CHAPTER 7. Crimes and Civil Penalties §§ 17700–17703 · 4 sections
- § 17700 Any person who willfully violates any provision of this division, or who willfully violates any rule or order under this division, shall, upon conviction, be…
- § 17701 (a) Any person who violates any provision of this division, or who violates any rule or order under this division, shall be liable for a civil penalty not to…
- § 17702 It is unlawful for any person to willfully make any untrue statement of a material fact in any application, notice, or report filed with the commissioner under…
- § 17703 (a) It is unlawful for any person to knowingly alter, destroy, mutilate, conceal, cover up, falsify, or make a false entry in any record, document, or tangible…