NEW YORK STATE LAWS: FRAUD OFFENSES

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GENERAL FRAUDS/

FRAUDS ON CREDITORS - Suffolk County
Section 185.00 Fraud in insolvency

 1. As used in this section, "administrator" means an assignee or trustee for the benefit of creditors, a liquidator, a receiver or any other person entitled to administer property for the benefit of creditors.

 2. A person is guilty of fraud in insolvency when, with intent to defraud any creditor and knowing that proceedings have been or are about to be instituted for the appointment of an administrator, or knowing that a composition agreement or other arrangement for the benefit of creditors has been or is about to be made, he

  (a) conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtor's estate;  or

  (b) obtains any substantial part of or interest in the debtor's estate;  or

  (c) presents to any creditor or to the administrator any writing or record relating to the debtor's estate knowing the same to contain a false material statement;  or

  (d) misrepresents or fails or refuses to disclose to the administrator the existence, amount or location of any part of or any interest in the debtor's estate, or any other information which he is legally required to furnish to such administrator.

 Fraud in insolvency in a class A misdemeanor.
 

Section 185.05 Fraud involving a security interest - Suffolk County

 A person is guilty of fraud involving a security interest when, having executed a security agreement creating a security interest in personal property securing a monetary obligation owed to a secured party, and:

  1. Having under the security agreement both the right of sale or other disposition of the property and the duty to account to the secured party for the proceeds of disposition, he sells or otherwise disposes of the property and wrongfully fails to account to the secured party for the proceeds of disposition;  or

  2. Having under the security agreement no right of sale or other disposition of the property, he knowingly secretes, withholds or disposes of such property in violation of the security agreement.

 Fraud involving a security interest is a class A misdemeanor.
 

Section 185.10 Fraudulent disposition of mortgaged property - Suffolk County

 A person is guilty of fraudulent disposition of mortgaged property when, having theretofore executed a mortgage of real or personal property or any instrument intended to operate as such, he sells, assigns, exchanges, secretes, injures, destroys or otherwise disposes of any part of the property, upon which the mortgage or other instrument is at the time a lien, with intent thereby to defraud the mortgagee or a purchaser thereof.

 Fraudulent disposition of mortgaged property is a class A misdemeanor.
 

Section 185.15 Fraudulent disposition of property subject to a conditional sale contract - Suffolk County

 A person is guilty of fraudulent disposition of property subject to a conditional sale contract when, prior to the performance of the condition of a conditional sale contract and being the buyer or any legal successor in interest of the buyer, he sells, assigns, mortgages, exchanges, secretes, injures, destroys or otherwise disposes of the goods subject to the conditional sale contract under claim of full ownership, with intent thereby to defraud another.

 Fraudulent disposition of property subject to a conditional sale contract is a class A misdemeanor.

 


OTHER FRAUDS

Section 190.00 Issuing a bad check;  definitions of terms - Suffolk County

 The following definitions are applicable to this article:

 1. "Check" means any check, draft or similar sight order for the payment of money which is not post-dated with respect to the time of utterance.

 2. "Drawer" of a check means a person whose name appears thereon as the primary obligor, whether the actual signature be that of himself or of a person purportedly authorized to draw the check in his behalf.

 3. "Representative drawer" means a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor.

 4. "Utter."  A person "utters" a check when, as a drawer or representative drawer thereof, he delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to such check.  One who draws a check with intent that it be so delivered is deemed to have uttered it if the delivery occurs.

 5. "Pass."  A person "passes" a check when, being a payee, holder or bearer of a check which previously has been or purports to have been drawn and uttered by another, he delivers it, for a purpose other than collection, to a third person who thereby acquires a right with respect thereto.

 6. "Funds" means money or credit.

 7. "Insufficient funds."  A drawer has "insufficient funds" with a drawee to cover a check when he has no funds or account whatever, or funds in an amount less than that of the check;  and a check dishonored for "no account" shall also be deemed to have been dishonored for "insufficient funds."
 

Section 190.05 Issuing a bad check - Suffolk County

 A person is guilty of issuing a bad check when:

  1. (a) As a drawer or representative drawer, he utters a check knowing that he or his principal, as the case may be, does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes at the time of utterance that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation;  or

  2. (a) He passes a check knowing that the drawer thereof does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes  at the time the check is passed that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation.

 Issuing a bad check is a class B misdemeanor.
 

Section 190.10 Issuing a bad check;  presumptions - Suffolk County

 1. When the drawer of a check has insufficient funds with the drawee to cover it at the time of utterance, the subscribing drawer or representative drawer, as the case may be, is presumed to know of such insufficiency.

 2. A subscribing drawer or representative drawer, as the case may be, on an ultimately dishonored check is presumed to have intended or believed that the check would be dishonored upon presentation when:

  (a) The drawer had no account with the drawee at the time of utterance;  or

  (b) (i) The drawer had insufficient funds with the drawee at the time of  utterance, and (ii) the check was presented to the drawee for payment not more than thirty days after the date of utterance, and (iii) the drawer had insufficient funds with the drawee at the time of presentation.

 3. Dishonor of a check by the drawee and insufficiency of the drawer's funds at the time of presentation may properly be proved by introduction in evidence of a notice of protest of the check, or of a certificate under oath of an authorized representative of the drawee declaring the dishonor and insufficiency, and such proof shall constitute presumptive evidence of such dishonor and insufficiency.
 

Section 190.15 Issuing a bad check;  defenses - Suffolk County

 In any prosecution for issuing a bad check, it is an affirmative defense that:

 1. The defendant or a person acting in his behalf made full satisfaction of the amount of the check within ten days after dishonor by the drawee;  or

 2. The defendant, in acting as a representative drawer, did so as an employee who, without personal benefit, merely executed the orders of his employer or of a superior officer or employee generally authorized to direct his activities.
 

Section 190.20 False advertising - Suffolk County

 A person is guilty of false advertising when, with intent to promote the sale or to increase the consumption of property or services, he makes or causes to be made a false or misleading statement in any advertisement or publishes any advertisement in violation of chapter three of the act of congress entitled "Truth in Lending Act"  and the regulations thereunder, as such act and regulations may from time to time be amended, addressed to the public or to a substantial number of persons;  except that, in any prosecution under this section, it is an affirmative defense that the allegedly false or misleading statement was not knowingly or recklessly made or caused to be made.

 False advertising is a class A misdemeanor.
 

Section 190.23 False personation - Suffolk County

 A person is guilty of false personation when after being informed of the consequences of such act, he or she knowingly misrepresents his or her actual name, date of birth or address to a police officer or peace officer with intent to prevent such police officer or peace officer from ascertaining such information.

 False personation is a class B misdemeanor.
 

Section 190.25 Criminal impersonation in the second degree - Suffolk County

 A person is guilty of criminal impersonation in the second degree when he:

  1. Impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another;  or

  2. Pretends to be a representative of some person or organization and does an act in such pretended capacity with intent to obtain a benefit or to injure or defraud another;  or

 3. (a) Pretends to be a public servant, or wears or displays without authority any uniform, badge, insignia or facsimile thereof by which such public servant is lawfully distinguished, or falsely expresses by his words or actions that he is a public servant or is acting with approval or authority of a public agency or department;  and (b) so acts with intent to induce another to submit to such pretended official authority, to solicit funds or to otherwise cause another to act in reliance upon that pretense.

 Criminal impersonation in the second degree is a class A misdemeanor.
 

Section 190.26 Criminal impersonation in the first degree - Suffolk County

 A person is guilty of criminal impersonation in the first degree when he:

 1. Pretends to be a police officer, or wears or displays without authority, any uniform, badge or other insignia or facsimile thereof, by which such police officer is lawfully distinguished or expresses by his words or actions that he is acting with the approval or authority of any police department;  and

 2. So acts with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon said pretense and in the course of such pretense commits or attempts to commit a felony.

 3. Pretending to be a duly licensed physician or other person authorized to issue a prescription for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law, communicates to a pharmacist an oral prescription which is required to be reduced to writing pursuant to section thirty-three hundred thirty-two of the public health law.

 Criminal impersonation in the first degree is a class E felony.
 

Section 190.27 Criminal sale of a police uniform - Suffolk County

 A person is guilty of criminal sale of a police uniform when he or she sells or offers for sale the uniform of any police officer to any person, unless presented with a valid photo identification card showing the purchaser to be a member of the police department which has authorized the requested uniform or an authorization to purchase specified uniforms signed by the police chief or the police commissioner of such police department accompanied by a personal photo identification.  For purposes of this section, "police officer" shall include federal law enforcement officers, as defined in section 2.15 of the criminal procedure law;  and "uniform" shall include all or any part of the uniform which identifies the wearer as a member of a police department, such as the uniform, shield, badge, numbers or other identifying insignias or emblems.

 Criminal sale of a police uniform is a class A misdemeanor.
 

Section 190.30 Unlawfully concealing a will - Suffolk County

 A person is guilty of unlawfully concealing a will when, with intent to defraud, he conceals, secretes, suppresses, mutilates or destroys a will, codicil or other testamentary instrument.

 Unlawfully concealing a will is a class E felony.
 

Section 190.35 Misconduct by corporate official - Suffolk County

 A person is guilty of misconduct by corporate official when:

  1. Being a director of a stock corporation, he knowingly concurs in any vote or act of the directors of such corporation, or any of them, by which it is intended:

   (a) To make a dividend except in the manner provided by law;  or

   (b) To divide, withdraw or in any manner pay to any stockholder any part of the capital stock of the corporation except in the manner provided by law; or

   (c) To discount or receive any note or other evidence of debt in payment of an installment of capital stock actually called in and required to be paid, or with intent to provide the means of making such payment;  or

   (d) To receive or discount any note or other evidence of debt with intent to enable any stockholder to withdraw any part of the money paid in by him on his stock;  or

   (e) To apply any portion of the funds of such corporation, directly or indirectly, to the purchase of shares of its own stock, except in the manner provided by law;  or

  2. Being a director or officer of a stock corporation:

   (a) He issues, participates in issuing, or concurs in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law;  or

   (b) He sells, or agrees to sell, or is directly or indirectly interested in the sale of any share of stock of such corporation, or in any agreement to sell the same, unless at the time of such sale or agreement he is an actual owner of such share, provided that the foregoing shall not apply to a sale by or on behalf of an underwriter or dealer in connection with a bona fide public offering of shares of stock of such corporation.

 Misconduct by corporate official is a class B misdemeanor.
 

Section 190.40 Criminal usury in the second degree - Suffolk County

 A person is guilty of criminal usury in the second degree when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan or forbearance of any money or other property, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.

 Criminal usury in the second degree is a class E felony.
 

Section 190.42 Criminal usury in the first degree - Suffolk County

 A person is guilty of criminal usury in the first degree when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan or forbearance of any money or other property, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period and either the actor had previously been convicted of the crime of criminal usury or of the attempt to commit such crime, or the actor's conduct was part of a scheme or business of making or collecting usurious loans.

 Criminal usury in the first degree is a class C felony.
 

Section 190.45 Possession of usurious loan records - Suffolk County

 A person is guilty of possession of usurious loan records when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article used to record criminally usurious transactions prohibited by section 190.40.

 Possession of usurious loan records is a class A misdemeanor.
 

Section 190.50 Unlawful collection practices - Suffolk County

 A person is guilty of unlawful collection practices when, with intent to enforce a claim or judgment for money or property, he knowingly sends, mails or delivers to another person a notice, document or other instrument which has no judicial or official sanction and which in its format or appearance, simulates a summons, complaint, court order or process, or an insignia, seal or printed form of a federal, state or local government or an instrumentality thereof, or is otherwise calculated to induce a belief that such notice, document or instrument has a judicial or official sanction.

 Unlawful collection practices is a class B misdemeanor.
 

Section 190.55 Making a false statement of credit terms - Suffolk County

 A person is guilty of making a false statement of credit terms when he knowingly and willfully violates the provisions of chapter two of the act of congress entitled "Truth in Lending Act" and the regulations thereunder, as such act and regulations may from time to time be amended, by understating or failing to state the interest rate required to be disclosed, or by failing to make or by making a false or inaccurate or incomplete statement of other credit terms in violation of such act.

 Making a false statement of credit terms is a class A misdemeanor.
 

Section 190.60 Scheme to defraud in the second degree - Suffolk County

 1. A person is guilty of a scheme to defraud in the second degree when he engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or to obtain property from more than one person by false or fraudulent pretenses, representations or promises, and so obtains property from one or more of such persons.

 2. In any prosecution under this section, it shall be necessary to prove the identity of at least one person from whom the defendant so obtained property, but it shall not be necessary to prove the identity of any other intended victim.

 Scheme to defraud in the second degree is a class A misdemeanor.
 

Section 190.65 Scheme to defraud in the first degree - Suffolk County

 1. A person is guilty of a scheme to defraud in the first degree when he:  (a) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud ten or more persons or to obtain property from ten or more persons by false or fraudulent pretenses, representations or promises, and so obtains property from one or more of such persons;  or (b) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or to obtain property from more than one person by false or fraudulent pretenses, representations or promises, and so obtains property with a value in excess of one thousand dollars from one or more such persons.
 2. In any prosecution under this section, it shall be necessary to prove the identity of at least one person from whom the defendant so obtained property, but it shall not be necessary to prove the identity of any other intended victim.

 Scheme to defraud in the first degree is a class E felony.
 

Section 190.70 Scheme to defraud the state by unlawfully selling prescriptions - Suffolk County

 A person is guilty of a scheme to defraud the state by unlawfully selling prescriptions when he or she engages, with intent to defraud the state, in a scheme constituting a systematic, ongoing course of conduct to make, sell, deliver for sale or offer for sale one or more prescriptions and so obtains goods or services from the state with a value in excess of one thousand dollars or causes the state to reimburse another in excess of one thousand dollars for the delivery of such goods or services.

 Scheme to defraud the state by unlawfully selling prescriptions is a class A misdemeanor.
 

Section 190.75 Criminal use of an access device in the second degree - Suffolk County

 A person is guilty of criminal use of an access device in the second degree when he knowingly uses an access device without consent of an owner thereof with intent to unlawfully obtain telecommunications services on behalf of himself or a third person.  As used in this section, access device shall have the meaning set forth in subdivision seven-c of section 155.00 of this chapter.

 Criminal use of an access device in the second degree is a class A misdemeanor.
 

Section 190.76 Criminal use of an access device in the first degree - Suffolk County

 A person is guilty of criminal use of an access device in the first degree when he knowingly uses an access device without consent of an owner thereof with intent to unlawfully obtain telecommunications services on behalf of himself or a third person, and so obtains such services with a value in excess of one thousand dollars.  As used in this section, access device shall have the meaning set forth in subdivision seven-c of section 155.00 of this chapter.

 Criminal use of an access device in the first degree is a class E felony.
 

Section 190.77 Offences involving theft of identity; definitions. - Suffolk County

1. For the purpose of sections 190.78, 190.79 and 190.80 of this article "personal identifying information" means a person's name, address, telephone number, date of birth, driver's license number, social security number, place of employment, mother's maiden name, financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card account number or code, debit card number or code, automated teller machine number or code, taxpayer identification number, computer system password, signature or copy of a signature, electronic signature, unique biometric data that is a fingerprint, voice print, retinal image or iris image of another person, telephone calling card number, mobile identification number or code, electronic serial number or personal identification number, or any other name, number, code or information that may be used alone or in conjunction with other such information to assume the identity of another person.

2. For the purposes of sections 190.78, 190.79, 190.80, 190.81, 190.82 and 190.83 of this article:

a. "electronic signature" shall have the same meaning as defined in subdivision three of section three hundred two of the state technology law.
 

b. "personal identification number" means any number or code which may be used alone or in conjunction with any other information to assume the identity of another person or access financial resources or credit of another person.
 

Section 190.78 Identity theft in the third degree. - Suffolk County

A person is guilty of identity theft in the third degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:

1. obtains goods, money, property or services or uses credit in the name of such other person or causes financial loss to such person or to another person or persons; or

2. commits a class A misdemeanor or higher level crime.

Identity theft in the third degree is a class A misdemeanor.
 

Section 190.79 Identity theft in the second degree. - Suffolk County

A person is guilty of identify [sic] theft in the second degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:

1. obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds five hundred dollars; or

2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds five hundred dollars; or

3. commits or attempts to commit a felony or acts as an accessory to the commission of a felony; or

4. commits the crime of identity theft in the third degree as defined in section 190.78 of this article and has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in this section, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35 grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.

Identity theft in the second degree is a class E felony.
 

Section 190.80 Identity theft in the first degree. - Suffolk County

A person is guilty of identity theft in the first degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:

1. obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds two thousand dollars; or

2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds two thousand dollars; or

3. commits or attempts to commit a class D felony or higher level crime or acts as an accessory in the commission of a class D or higher level felony; or

4. commits the crime of identity theft in the second degree as defined in section 190.7 of this article and has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in section 190.79, identity theft in the first degree as defined in this section, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.

Identity theft in the first degree is a class D felony.
 

Section 190.81 Unlawful possession of personal identification information in the third degree. - Suffolk County

A person is guilty of unlawful possession of personal identification information in the third degree when he or she knowingly possesses a person's financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card number or code, debit card number or code, automated teller machine number or code, personal identification number, mother's maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image or another person knowing such information is intended to be used in furtherance or the commission of a crime defined in this chapter.

Unlawful possession of personal identification information in the third degree is a class A misdemeanor.
 

Section 190.82 Unlawful possession of personal identification information in the second degree. - Suffolk County

A person is guilty of unlawful possession of personal identification information in the second degree when he or she knowingly possesses two hundred fifty or more items of personal identification information of the following nature: a person's financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card number or code, debit card number or code, automated teller machine number or code, personal identification number, mother's maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image or another person knowing such information is intended to be used in furtherance of the commission of a crime defined in this chapter.

Unlawful possession of personal identification information in the second degree is a class E felony.
 

Section 190.83 Unlawful possession of personal identification information in the first degree. - Suffolk County

A person is guilty of unlawful possession of personal identification information in the first degree when he or she commits the crime of unlawful possession of personal identification information in the second degree and:

1. with intent to further the commission of identity theft in the second degree, he or she supervises more than three accomplices; or

2. he or she has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in section 190.79, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in this section, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.

Unlawful possession of personal identification information in the first degree is a class D felony.
 

Section 190.84 Defenses. - Suffolk County

In any prosecution for identity theft or unlawful possession of personal identification information pursuant to this article, it shall be an affirmative defense, that the person charged with the offense:

1. was under twenty-one years of age at the time of committing the offense and the person used or possessed the personal identifying or identification information of another solely for the purpose of purchasing alcohol;

2. was under eighteen years of age at the time of committing the offense and the person used or possessed the personal identifying or identification information of another solely for the purpose of purchasing tobacco products; or

3. used or possessed the personal identifying or identification information of another person solely for the purpose of misrepresenting the person's age to gain access to a place the access to which is restricted based on age.

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