Ok, and specifically what do you think he did that violates that statute?
Are you suggesting that making a claim that an illiquid, unique, and subjective asset is worth more than it is appraised for is misrepresenting the value? Furthermore, are you suggesting that the bank was culpable, unawares, or took this at face value? This is why financial institutions use third party appraisals. They don't rely on borrower representations of value. The portion of the code related to false representations or promises relates to failure to disclose non-public liens, encumberances, or other material items etc.
I will give you a great example. Art. It is extremely common that art collections are pledging as collateral for loans for extremely high net worth individuals. When a client owns a Pollock and tells the bank it is worth $100MM, is that fraud? How do you determine that? He only paid $50MM for it 2 years ago, so it must be fraud, right? Well, wait, another Pollock just sold at Sotheby's for $125MM, maybe it is worth that much? More? Less? Is it a more desirable piece? What about the fact that since that last Pollock sold the overall market has declined markedly? Oh no, we just hit a recession, is it still worth $100MM?
That's the problem when you have unique items of high value. You don't have good comparables. So people who own them universally overstate their value for insurance and lending purposes. Maybe because they are psychologically trying to fool themselves, maybe they actually believe it is worth that much, maybe it is part of a financial strategy.
To call that fraud though? A tough reach, this is precisely why you don't see the actual financial institution making these allegations, nor the IRS, nor the state department of revenue for the last decade.
Just though of another great example. Ken Griffin recently-ish bought a copy of the US Constitution for $43.2MM. That is part of a pledged asset portfolio securing a series of loans held with Citi. How in the world do you determine the collateral value of something like that? Moreover, how do you call him a criminal if he says it is $80MM? You might disagree, but he can certainly believe it is worth that much.