|185.00||Fraud in insolvency.||A MISD|
|185.05||Fraud involving a security interest.||A MISD|
|185.10||Fraudulent disposition of mortgaged property.||A MISD|
|185.15||Fraudulent disposition of property subject to a conditional sale contract.||A MISD|
S 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 is a class A misdemeanor. S 185.05 Fraud involving a security interest. 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. S 185.10 Fraudulent disposition of mortgaged property. 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. S 185.15 Fraudulent disposition of property subject to a conditional sale contract. 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. Top of Page
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NOTE: Penal Law code reviewed as of 01/01/2019. Several corrections/updates were made.