A person is guilty of a misdemeanor if:
I. As an officer, manager, or other person participating in the direction of a financial institution, as defined in RSA 637:10, IV(a), he receives or permits receipt of a deposit or other investment knowing that the institution is or is about to become unable, from any cause, to pay its obligations in the ordinary course of business; and
II. He knows that the person making the payment to the institution is unaware of such present or prospective inability.