Chapter 41: Forgery and Fraudulent Practices Flashcards
- applies/disposes of property that has been entrusted to him as a fiduciary, or property of the government, or of a financhial institution
- in a manner that he knows is unlawful and involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted
4113: Misapplication of entrusted property, property of government, or financial institution
M.3
M.2= if amount exceeds $50
- destroys, removes, conceals, encumbers, transfers, or otherwise deals w/ property subject to a security interest
- or, after a levy has been made thereon
- w/ intent to hinder enforcement of such interest
4110: Defrauding secured creditors
M.2
- by deception:
- causes another to: execute any instrument affecting, purporting to affect, or likely to affect the pecuniary interest of any person
4114: Securing Execution of Documents by Deception
M.2
- knowing that he has no privilege to do so:
- falsifies, destroys, removes, or conceals
- any writing, record, distinguishing mark, brand, or other identifying mark
- w/ intent to deceive/injure anyone, or conceal any wrongdoing
4104(a): Tampering w/ records or identification (writings)
M.1
- knowingly
- buys, sells, or moves in commerce
- any property from which the manufacturer name plate, serial number, or other distinguishing mark has been removed, defaced, covered, altered, or destroyed
- unless the alterations have been customarily made by the manuf. or w/ specific authorization from the manuf
DOES NOT INCLUDE: firearms, motor vehicles, or insurance company salvage recoveries
4104(b): Tampering w/ records or identification (personal property)
S
- knowingly and with intent to sell or to otherwise transfer for purposes of commercial advantage or private financial gain:
- manufactures, sells, offers for sale, displays, advertises, distributes; or transports any items or services bearing or identified by a counterfeit mark
4119: Trademark Counterfeiting
M.1
F.3= 2nd offense; more than 100, but less than 1,000 counterfeit items; total retail value of counterfeit items is more than $2,000, but less than $10,000
F.2= 3rd or subsequent offense; involves the manufacture or production of items bearing counterfeit trademark; 1,000 or more items; total retail value is $10,000 or more
-operates a recording device in the theater without written authority or permission from the motion picture theater owner
4116.1: Unlawful operation of recording device in motion picture theater
M.1
F.3= 2nd or subsequent offense
- person directing a financial institution
- receives/permits receipt of a deposit, premium payment, or other investment in the institution in the institution; KNOWING:
- that due to financial difficulties, the institution is about to suspend operations; AND
- the person making the deposit is unaware of the situation
4112: Receiving deposits in a failing financial institution
M.2
- possesses a check/similar sight order for payment of money, knowing that it will not be honored by drawee
- possesses a check, knowing that it will not be honored AND drawee is located in the Commonwealth (regardless of location of issuance)
Presumption= issuer is presumed to know check/order would not be paid if:
- issuer has no such account with drawee
- payment refused by drawee for lack of funds w/in 30 days after issue; issuer failed to make good w/in 10 days
4105: Bad Checks
S= amount is less than $200
M.3= $200 or more, but less than $500
M.2= $500 or more, but less than $1,000
M.1= $1,000 or more, but less than $75,000
F.3= $75,000
**if offense is 3rd or subsequent offense w/in 5 year period it’s an M.1; unless amount exceeds $75,000 (F.3)
- possesses an access device knowing that:
- it’s counterfit, altered, incomplete, or belongs to another who has not authorized its possession
Access Device= any card (credit, debit, atm), plate, code, account number, PIN, or other means of account acess that can be used alone, or in conjunction w/ another access device to obtain: money, goods, services, or anything else of value, or that can be used to transfer funds
4106(a)(3): Access Device Fraud (possession)
M.3
- possesses or uses, through any means, identifying information of another person without the consent the consent of that other person
- to further any unlawful purpose
**each time a person uses/possess identifying information constitutes a seperate offense, however, the total values pursuant to one scheme/course of conduct (whether from same victim or several) may be aggregated
Venue= (1)place where person possed/used the information (2)residence of the victim (3)business/employment address if the information is associated w/ victims business
4120: Identity Theft
M.1= less than $2,000
F.3= $2,000 or more; offense committed in furtherance of a criminal conspiracy (regardless of value)
F.2= 3rd or subsequent offense (regardless of value)
***if the victim is 60yrs of age or older, or a care-dependent person, grading is ENHANCED by one degree
-publishes, makes, sells, gives, transfers to another, or aids and abets any other person to use an access device KNOWING that:
- the access device is counterfit, altered, incomplete, belongs to another who has not auth. its use, has been revoked/canceled, or
- for any reason, has been revoked, canceled, or is unauthorized by the issuer
4106(a)(2): Access Device Fraud (provide counterfit device)
F.3
- w/ intent to deceive anyone, or w/ knowledge that person is facilitating a decption converning the true milage of a motor vehicle:
- makes, or causes to be made: application for “certificate of title” for a motor vehicle which includes materially false or ficticious information
4118: Washing Vehilce Titles
F.3
- w/ intent to deceive/injure anyone:
- destroys, removes, or conceals
- any will, deed, mortgage, security instrument, or other writing for which the law provides public recording
4103: Fraudulent destruction, removal, or concealment of recordable instruments
F.3
- w/ intent to defraud, or knowledge that he is facilitating a fraud to be perpetrated:
- makes, alters, or utters any object so that it appears to have value because of: antiquity, rarity,source, or authorship
- which it does not posses
4102: Simulating objects of antiquity, rarity ect…
M.1
- w/ intnent to defraud/injure, or with knowledge that he’s facilitating a fraud:
- alters any writing of another w/o authority
- makes, completes, executes, authenticates, issues, or transfers any writing so that it purports to be the act of another who did not authroize such, or to have been executed at a time/place, or numbered sequence other than was in fact the case, or to be a copy of an original, when no such original exists
- utters any writing which he knows to be forged
4101: Forgery
M.1
F.3= purports to be a will, deed, contract, release, commercial instrument, or other document evidencing, creating, transferring, altering, terminating, or otherwise affecting legal relations
F.2= purports to be an issue of money, securites, postage, or revenue stamps, or other instruments issued by gov’t or part of an issue of stock, bonds, or instruments representing interests in property/enterprise
- without the consent of his employer or principal, he solicits, accepts, or agrees to accept any benefit from another person upon agreement or understanding that such benefit will influence his conduct in relation to the affairs of his employer or principal
- holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities or services commits an offense if he: solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism
- confers, or offers or agrees to confer, any benefit the acceptance of which would be criminal under subsections (a) or (b)
4108: Commercial bribery and breach of duty to act disinterestedly
M.2
knowing that proceedings have been or are about to be instituted for the appointment of a receiver or other person entitled
to administer property for the benefit of creditors, or that any other composition or liquidation for the benefit of creditors has been or is about to be made, he:
- (1) destroys, removes, conceals, encumbers, transfers, or otherwise deals with any property with intent to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors
- (2) knowingly falsifies any writing or record relating to the property; or
- (3) knowingly misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of creditors
the existence, amount or location of the property,
or any other information which the actor
could be legally required to furnish in relation to
such administration.
4111: Fraud in Insolvency
M.2
- w/o authority, pretends or holds himself out to anyone as an employee of any person for the pupose of gaining access to any premise
4115: Falsely Impersonating Persons Privately Employed
M.2
Intent to defraud/injure anyone:
- Produces/traffics in device-making equipment
- Possesses device-making equipment
4106.1: Unlawful device-making equipment
M1= Possessing
F3= Producing/trafficing
Insurance Fraud
4117: Insurance Fraud
F.3
M.1= lawyer/healthcare provider
-w/ intent to prevent a publicly exhibited contest from being conducted in accordance with the rules he:
- confers/offers to confer any benefit or threatens injury to any participant/official of the contest
- tampers w/ any person/animal/thing
- knowingly solicits/accepts any benefit for above
- knowingly engages in/sponsors/produces/judges or otherwise participates in a publicly exhibited contest knowing that the contest is not being conducted in accordance with the rules
4109: Rigging publicly exhibited contest
M.1
Deception relating to certification of minority business enterprise/women’s business
F.3
