(720 ILCS 5/17‑1)
(from Ch. 38, par. 17‑1)
Sec. 17‑1.
Deceptive practices.
(A) Definitions.
As used in this Section:
(i) "Financial institution" means any bank, savings
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| and loan association, credit union, or other depository of money, or medium of savings and collective investment. |
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(ii) An "account holder" is any person having a |
| checking account or savings account in a financial institution. |
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(iii) To act with the "intent to defraud" means to |
| act wilfully, and with the specific intent to deceive or cheat, for the purpose of causing financial loss to another, or to bring some financial gain to oneself. It is not necessary to establish that any person was actually defrauded or deceived. |
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(B) General Deception.
A person commits a deceptive practice when, with intent to defraud, the person does any of the following:
(a) He or she causes another, by deception or threat, |
| to execute a document disposing of property or a document by which a pecuniary obligation is incurred. |
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(b) Being an officer, manager or other person |
| participating in the direction of a financial institution, he or she knowingly receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent. |
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(c) He or she knowingly makes or directs another to |
| make a false or deceptive statement addressed to the public for the purpose of promoting the sale of property or services. |
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(d) With intent to obtain control over property or to |
| pay for property, labor or services of another, or in satisfaction of an obligation for payment of tax under the Retailers' Occupation Tax Act or any other tax due to the State of Illinois, he or she issues or delivers a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository. Failure to have sufficient funds or credit with the depository when the check or other order is issued or delivered, or when such check or other order is presented for payment and dishonored on each of 2 occasions at least 7 days apart, is prima facie evidence that the offender knows that it will not be paid by the depository, and that he or she has the intent to defraud. In this paragraph (d), "property" includes rental property (real or personal). |
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(e) He or she issues or delivers a check or other |
| order upon a real or fictitious depository in an amount exceeding $150 in payment of an amount owed on any credit transaction for property, labor or services, or in payment of the entire amount owed on any credit transaction for property, labor or services, knowing that it will not be paid by the depository, and thereafter fails to provide funds or credit with the depository in the face amount of the check or order within 7 days of receiving actual notice from the depository or payee of the dishonor of the check or order. |
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Sentence.
A person convicted of a deceptive practice under paragraph (a), (b), (c), (d), or (e) of this subsection (B), except as otherwise provided by this Section, is guilty of a Class A misdemeanor.
A person convicted of a deceptive practice in violation of paragraph (d) a second or subsequent time shall be guilty of a Class 4 felony.
A person convicted of deceptive practices in violation of paragraph (a) or (d), when the value of the property so obtained, in a single transaction, or in separate transactions within a 90 day period, exceeds $150, shall be guilty of a Class 4 felony. In the case of a prosecution for separate transactions totaling more than $150 within a 90 day period, such separate transactions shall be alleged in a single charge and provided in a single prosecution.
(C) Deception on a Bank or Other Financial Institution.
(1) False Statements.
Any person who, with the intent to defraud, makes or causes to be made any false statement in writing in order to obtain an account with a bank or other financial institution, or to obtain credit from a bank or other financial institution, or to obtain services from a currency exchange, knowing such writing to be false, and with the intent that it be relied upon, is guilty of a Class A misdemeanor.
For purposes of this subsection (C), a false statement shall mean any false statement representing identity, address, or employment, or the identity, address or employment of any person, firm or corporation.
(2) Possession of Stolen or Fraudulently Obtained Checks.
Any person who possesses, with the intent to obtain access to funds of another person held in a real or fictitious deposit account at a financial institution, makes a false statement or a misrepresentation to the financial institution, or possesses, transfers, negotiates, or presents for payment a check, draft, or other item purported to direct the financial institution to withdraw or pay funds out of the account holder's deposit account with knowledge that such possession, transfer, negotiation, or presentment is not authorized by the account holder or the issuing financial institution is guilty of a Class A misdemeanor. A person shall be deemed to have been authorized to possess, transfer, negotiate, or present for payment such item if the person was otherwise entitled by law to withdraw or recover funds from the account in question and followed the requisite procedures under the law. In the event that the account holder, upon discovery of the withdrawal or payment, claims that the withdrawal or payment was not authorized, the financial institution may require the account holder to submit an affidavit to that effect on a form satisfactory to the financial institution before the financial institution may be required to credit the account in an amount equal to the amount or amounts that were withdrawn or paid without authorization.
Any person who, within any 12 month period, violates this Section with respect to 3 or more checks or orders for the payment of money at the same time or consecutively, each the property of a different account holder or financial institution, is guilty of a Class 4 felony.
(3) Possession of Implements of Check Fraud.
Any person who possesses, with the intent to defraud and without the authority of the account holder or financial institution, any check imprinter, signature imprinter, or "certified" stamp is guilty of a Class A misdemeanor.
A person who within any 12 month period violates this subsection (C) as to possession of 3 or more such devices at the same time or consecutively, is guilty of a Class 4 felony.
(4) Possession of Identification Card.
Any person who, with the intent to defraud, possesses any check guarantee card or key card or identification card for cash dispensing machines without the authority of the account holder or financial institution is guilty of a Class A misdemeanor.
A person who, within any 12 month period, violates this Section at the same time or consecutively with respect to 3 or more cards, each the property of different account holders, is guilty of a Class 4 felony.
A person convicted under this Section, when the value of property so obtained, in a single transaction, or in separate transactions within any 90 day period, exceeds $150 shall be guilty of a Class 4 felony.
(Source: P.A. 96‑1432, eff. 1‑1‑11.) |
(720 ILCS 5/17‑1b)
Sec. 17‑1b.
State's Attorney's bad check diversion program.
(a) In this Section:
"Offender" means a person charged with, or for whom probable cause exists to charge the person with, deceptive practices.
"Pretrial diversion" means the decision of a prosecutor to refer an offender to a diversion program on condition that the criminal charges against the offender will be dismissed after a specified period of time, or the case will not be charged, if the offender successfully completes the program.
"Restitution" means all amounts payable to a victim of deceptive practices under the bad check diversion program created under this Section, including the amount of the check and any transaction fees payable to a victim as set forth in subsection (g) but does not include amounts recoverable under Section 3‑806 of the Uniform Commercial Code and Section 17‑1a of this Code.
(b) A State's Attorney may create within his or her office a bad check diversion program for offenders who agree to voluntarily participate in the program instead of undergoing prosecution. The program may be conducted by the State's Attorney or by a private entity under contract with the State's Attorney. If the State's Attorney contracts with a private entity to perform any services in operating the program, the entity shall operate under the supervision, direction, and control of the State's Attorney. Any private entity providing services under this Section is not a "collection agency" as that term is defined under the Collection Agency Act.
(c) If an offender is referred to the State's Attorney, the State's Attorney may determine whether the offender is appropriate for acceptance in the program. The State's Attorney may consider, but shall not be limited to consideration of, the following factors:
(1) the amount of the check that was drawn or passed;
(2) prior referrals of the offender to the program;
(3) whether other charges of deceptive practices are
| pending against the offender; | |
(4) the evidence presented to the State's Attorney |
| regarding the facts and circumstances of the incident; | |
(5) the offender's criminal history; and
(6) the reason the check was dishonored by the |
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(d) The bad check diversion program may require an offender to do one or more of the following:
(i) pay for, at his or her own expense, and |
| successfully complete an educational class held by the State's Attorney or a private entity under contract with the State's Attorney; | |
(ii) make full restitution for the offense;
(iii) pay a per‑check administrative fee as set |
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(e) If an offender is diverted to the program, the State's Attorney shall agree in writing not to prosecute the offender upon the offender's successful completion of the program conditions. The State's Attorney's agreement to divert the offender shall specify the offenses that will not be prosecuted by identifying the checks involved in the transactions.
(f) The State's Attorney, or private entity under contract with the State's Attorney, may collect a fee from an offender diverted to the State's Attorney's bad check diversion program. This fee may be deposited in a bank account maintained by the State's Attorney for the purpose of depositing fees and paying the expenses of the program or for use in the enforcement and prosecution of criminal laws. The State's Attorney may require that the fee be paid directly to a private entity that administers the program under a contract with the State's Attorney. The amount of the administrative fees collected by the State's Attorney under the program may not exceed $35 per check. The county board may, however, by ordinance, increase the fees allowed by this Section if the increase is justified by an acceptable cost study showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service.
(g) (1) The private entity shall be required to |
| maintain adequate general liability insurance of $1,000,000 per occurrence as well as adequate coverage for potential loss resulting from employee dishonesty. The State's Attorney may require a surety bond payable to the State's Attorney if in the State's Attorney's opinion it is determined that the private entity is not adequately insured or funded. | |
(2) (A) Each private entity that has a contract |
| with the State's Attorney to conduct a bad check diversion program shall at all times maintain a separate bank account in which all moneys received from the offenders participating in the program shall be deposited, referred to as a "Trust Account", except that negotiable instruments received may be forwarded directly to a victim of the deceptive practice committed by the offender if that procedure is provided for by a writing executed by the victim. Moneys received shall be so deposited within 5 business days after posting to the private entity's books of account. There shall be sufficient funds in the trust account at all times to pay the victims the amount due them. | |
(B) The trust account shall be established in a |
| bank, savings and loan association, or other recognized depository which is federally or State insured or otherwise secured as defined by rule. If the account is interest bearing, the private entity shall pay to the victim interest earned on funds on deposit after the 60th day. | |
(C) Each private entity shall keep on file the |
| name of the bank, savings and loan association, or other recognized depository in which each trust account is maintained, the name of each trust account, and the names of the persons authorized to withdraw funds from each account. The private entity, within 30 days of the time of a change of depository or person authorized to make withdrawal, shall update its files to reflect that change. An examination and audit of a private entity's trust accounts may be made by the State's Attorney as the State's Attorney deems appropriate. A trust account financial report shall be submitted annually on forms acceptable to the State's Attorney. | |
(3) The State's Attorney may cancel a contract |
| entered into with a private entity under this Section for any one or any combination of the following causes: | |
(A) Conviction of the private entity or the |
| principals of the private entity of any crime under the laws of any U.S. jurisdiction which is a felony, a misdemeanor an essential element of which is dishonesty, or of any crime which directly relates to the practice of the profession. | |
(B) A determination that the private entity has |
| engaged in conduct prohibited in item (4). | |
(4) The State's Attorney may determine whether the |
| private entity has engaged in the following prohibited conduct: | |
(A) Using or threatening to use force or |
| violence to cause physical harm to an offender, his or her family, or his or her property. | |
(B) Threatening the seizure, attachment, or sale |
| of an offender's property where such action can only be taken pursuant to court order without disclosing that prior court proceedings are required. | |
(C) Disclosing or threatening to disclose |
| information adversely affecting an offender's reputation for creditworthiness with knowledge the information is false. | |
(D) Initiating or threatening to initiate |
| communication with an offender's employer unless there has been a default of the payment of the obligation for at least 30 days and at least 5 days prior written notice, to the last known address of the offender, of the intention to communicate with the employer has been given to the employee, except as expressly permitted by law or court order. | |
(E) Communicating with the offender or any |
| member of the offender's family at such a time of day or night and with such frequency as to constitute harassment of the offender or any member of the offender's family. For purposes of this clause (E) the following conduct shall constitute harassment: | |
(i) Communicating with the offender or any |
| member of his or her family at any unusual time or place or a time or place known or which should be known to be inconvenient to the offender. In the absence of knowledge of circumstances to the contrary, a private entity shall assume that the convenient time for communicating with a consumer is after 8 o'clock a.m. and before 9 o'clock p.m. local time at the offender's residence. | |
(ii) The threat of publication or |
| publication of a list of offenders who allegedly refuse to pay restitution, except by the State's Attorney. | |
(iii) The threat of advertisement or |
| advertisement for sale of any restitution to coerce payment of the restitution. | |
(iv) Causing a telephone to ring or engaging |
| any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. | |
(v) Using profane, obscene or abusive |
| language in communicating with an offender, his or her family, or others. | |
(vi) Disclosing or threatening to |
| disclose information relating to a offender's case to any other person except the victim and appropriate law enforcement personnel. | |
(vii) Disclosing or threatening to |
| disclose information concerning the alleged criminal act which the private entity knows to be reasonably disputed by the offender without disclosing the fact that the offender disputes the accusation. | |
(viii) Engaging in any conduct which the |
| State's Attorney finds was intended to cause and did cause mental or physical illness to the offender or his or her family. | |
(ix) Attempting or threatening to enforce a |
| right or remedy with knowledge or reason to know that the right or remedy does not exist. | |
(x) Except as authorized by the State's |
| Attorney, using any form of communication which simulates legal or judicial process or which gives the appearance of being authorized, issued or approved by a governmental agency or official or by an attorney at law when it is not. | |
(xi) Using any badge, uniform, or other |
| indicia of any governmental agency or official, except as authorized by law or by the State's Attorney. | |
(xii) Except as authorized by the State's |
| Attorney, conducting business under any name or in any manner which suggests or implies that the private entity is bonded if such private entity is or is a branch of or is affiliated with any governmental agency or court if such private entity is not. | |
(xiii) Misrepresenting the amount of the |
| restitution alleged to be owed. | |
(xiv) Except as authorized by the State's |
| Attorney, representing that an existing restitution amount may be increased by the addition of attorney's fees, investigation fees, or any other fees or charges when those fees or charges may not legally be added to the existing restitution. | |
(xv) Except as authorized by the State's |
| Attorney, representing that the private entity is an attorney at law or an agent for an attorney if the entity is not. | |
(xvi) Collecting or attempting to collect |
| any interest or other charge or fee in excess of the actual restitution or claim unless the interest or other charge or fee is expressly authorized by the State's Attorney, who shall determine what constitutes a reasonable collection fee. | |
(xvii) Communicating or threatening to |
| communicate with an offender when the private entity is informed in writing by an attorney that the attorney represents the offender concerning the claim, unless authorized by the attorney. If the attorney fails to respond within a reasonable period of time, the private entity may communicate with the offender. The private entity may communicate with the offender when the attorney gives his consent. | |
(xviii) Engaging in dishonorable, unethical, |
| or unprofessional conduct of a character likely to deceive, defraud, or harm the public. | |
(5) The State's Attorney shall audit the accounts of |
| the bad check diversion program after notice in writing to the private entity. | |
(6) Any information obtained by a private entity |
| that has a contract with the State's Attorney to conduct a bad check diversion program is confidential information between the State's Attorney and the private entity and may not be sold or used for any other purpose but may be shared with other authorized law enforcement agencies as determined by the State's Attorney. | |
(h) The State's Attorney, or private entity under contract with the State's Attorney, shall recover, in addition to the face amount of the dishonored check or draft, a transaction fee to defray the costs and expenses incurred by a victim who received a dishonored check that was made or delivered by the offender. The face amount of the dishonored check or draft and the transaction fee shall be paid by the State's Attorney or private entity under contract with the State's Attorney to the victim as restitution for the offense. The amount of the transaction fee must not exceed: $25 if the face amount of the check or draft does not exceed $100; $30 if the face amount of the check or draft is greater than $100 but does not exceed $250; $35 if the face amount of the check or draft is greater than $250 but does not exceed $500; $40 if the face amount of the check or draft is greater than $500 but does not exceed $1,000; and $50 if the face amount of the check or draft is greater than $1,000.
(i) The offender, if aggrieved by an action of the private entity contracted to operate a bad check diversion program, may submit a grievance to the State's Attorney who may then resolve the grievance. The private entity must give notice to the offender that the grievance procedure is available. The grievance procedure shall be established by the State's Attorney.
(Source: P.A. 95‑41, eff. 1‑1‑08.) |
(720 ILCS 5/17‑2)
(from Ch. 38, par. 17‑2)
Sec. 17‑2.
False personation; use of title; solicitation; certain entities.
(a) A person commits a false personation when he or she falsely represents himself or herself to be a member or representative of any veterans' or public safety personnel organization or a representative of any charitable organization, or when any person exhibits or uses in any manner any decal, badge or insignia of any charitable, public safety personnel, or veterans' organization when not authorized to do so by the charitable, public safety personnel, or veterans' organization. "Public safety personnel organization" has the meaning ascribed to that term in Section 1 of the Solicitation for Charity Act.
(a‑5) A person commits a false personation when he or she falsely represents himself or herself to be a veteran in seeking employment or public office. In this subsection, "veteran" means a person who has served in the Armed Services or Reserve Forces of the United States.
(a‑6) A person commits a false personation when he or she falsely represents himself or herself to be a recipient of, or wears on his or her person, any of the following medals if that medal was not awarded to that person by the United States government, irrespective of branch of service: the Congressional Medal of Honor, the Distinguished Service Cross, the Navy Cross, the Air Force Cross, the Silver Star, the Bronze Star, or the Purple Heart.
It is a defense to a prosecution under this subsection (a‑6) that the medal is used, or is intended to be used, exclusively:
(1) for a dramatic presentation, such as a
| theatrical, film, or television production, or a historical re‑enactment; or | |
(2) for a costume worn, or intended to be worn, by a |
| person under 18 years of age. | |
(b) No person shall use the words "Chicago Police," "Chicago Police Department," "Chicago Patrolman," "Chicago Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or any other words to the same effect in the title of any organization, magazine, or other publication without the express approval of the Chicago Police Board.
(b‑5) No person shall use the words "Cook County Sheriff's Police" or "Cook County Sheriff" or any other words to the same effect in the title of any organization, magazine, or other publication without the express approval of the office of the Cook County Sheriff's Merit Board. The references to names and titles in this Section may not be construed as authorizing use of the names and titles of other organizations or public safety personnel organizations otherwise prohibited by this Section or the Solicitation for Charity Act.
(b‑10) No person may use, in the title of any organization, magazine, or other publication, the words "officer", "peace officer", "police", "law enforcement", "trooper", "sheriff", "deputy", "deputy sheriff", or "state police" in combination with the name of any state, state agency, public university, or unit of local government without the express written authorization of that state, state agency, or unit of local government.
(c) (Blank).
(c‑1) No person may claim or represent that he or she is acting on behalf of any police department, chief of a police department, fire department, chief of a fire department, sheriff's department, or sheriff when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements unless the chief of the police department, fire department, and the corporate or municipal authority thereof, or the sheriff has first entered into a written agreement with the person or with an organization with which the person is affiliated and the agreement permits the activity.
(c‑2) No person, when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements may claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes "officer", "peace officer", "police", "law enforcement", "trooper", "sheriff", "deputy", "deputy sheriff", "State police", or any other word or words which would reasonably be understood to imply that the organization is composed of law enforcement personnel unless the person is actually representing or acting on behalf of the nongovernmental organization, and the nongovernmental organization is controlled by and governed by a membership of and represents a group or association of active duty peace officers, retired peace officers, or injured peace officers and before commencing the solicitation or the sale or the offers to sell any merchandise, goods, services, memberships, or advertisements, a written contract between the soliciting or selling person and the nongovernmental organization has been entered into.
(c‑3) No person may solicit financial contributions or sell or deliver or offer to sell or deliver any merchandise, goods, services, memberships, or advertisements on behalf of a police, sheriff, or other law enforcement department unless that person is actually representing or acting on behalf of the department or governmental organization and has entered into a written contract with the police chief, or head of the law enforcement department, and the corporate or municipal authority thereof, or the sheriff, which specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used.
(c‑4) No person, when soliciting financial contributions or selling or delivering or offering to sell or deliver any merchandise, goods, services, memberships, or advertisements, may claim or represent that he or she is representing or acting on behalf of any nongovernmental organization by any name which includes the term "fireman", "fire fighter", "paramedic", or any other word or words which would reasonably be understood to imply that the organization is composed of fire fighter or paramedic personnel unless the person is actually representing or acting on behalf of the nongovernmental organization, and the nongovernmental organization is controlled by and governed by a membership of and represents a group or association of active duty, retired, or injured fire fighters (for the purposes of this Section, "fire fighter" has the meaning ascribed to that term in Section 2 of the Illinois Fire Protection Training Act) or active duty, retired, or injured emergency medical technicians ‑ ambulance, emergency medical technicians ‑ intermediate, emergency medical technicians ‑ paramedic, ambulance drivers, or other medical assistance or first aid personnel, and before commencing the solicitation or the sale or delivery or the offers to sell or deliver any merchandise, goods, services, memberships, or advertisements, a written contract between the soliciting or selling person and the nongovernmental organization has been entered into.
(c‑5) No person may solicit financial contributions or sell or deliver or offer to sell or deliver any merchandise, goods, services, memberships, or advertisements on behalf of a department or departments of fire fighters unless that person is actually representing or acting on behalf of the department or departments and has entered into a written contract with the department chief and corporate or municipal authority thereof which specifies and states clearly and fully the purposes for which the proceeds of the solicitation, contribution, or sale will be used.
(c‑6) No person may claim or represent that he or she is an airman, airline employee, airport employee, or contractor at an airport in order to obtain the uniform, identification card, license, or other identification paraphernalia of an airman, airline employee, airport employee, or contractor at an airport.
(d) Sentence. False personation, unapproved use of a name or title, or solicitation in violation of subsection (a), (b), (b‑5), or (b‑10) of this Section is a Class C misdemeanor. False personation in violation of subsections (a‑5) and (c‑6) is a Class A misdemeanor. False personation in violation of subsection (a‑6) of this Section is a petty offense for which the offender shall be fined at least $100 and not exceeding $200. Engaging in any activity in violation of subsection (c‑1), (c‑2), (c‑3), (c‑4), or (c‑5) of this Section is a Class 4 felony.
(Source: P.A. 95‑331, eff. 8‑21‑07; 96‑328, eff. 8‑11‑09.) |
(720 ILCS 5/17‑24)
Sec. 17‑24.
Fraudulent schemes and artifices.
(a) Fraud by wire, radio, or television.
(1) A person commits wire fraud when he or she:
(A) devises or intends to devise a scheme or
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| artifice to defraud or to obtain money or property by means of false pretenses, representations, or promises; and |
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(B) (i) transmits or causes to be transmitted |
| from within this State; or |
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(ii) transmits or causes to be transmitted so |
| that it is received by a person within this State; or |
|
(iii) transmits or causes to be transmitted |
| so that it is reasonably foreseeable that it will be accessed by a person within this State: |
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any writings, signals, pictures, sounds, or electronic or |
| electric impulses by means of wire, radio, or television communications for the purpose of executing the scheme or artifice. |
|
(2) A scheme or artifice to defraud using electronic |
| transmissions is deemed to occur in the county from which a transmission is sent, if the transmission is sent from within this State, the county in which a person within this State receives the transmission, and the county in which a person who is within this State is located when the person accesses a transmission. |
|
(3) Wire fraud is a Class 3 felony.
(b) Mail fraud.
(1) A person commits mail fraud when he or she:
(A) devises or intends to devise any scheme or |
| artifice to defraud or to obtain money or property by means of false or fraudulent pretenses, representations or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article; and |
|
(B) for the purpose of executing such scheme or |
| artifice or attempting so to do, places in any post office or authorized depository for mail matter within this State, any matter or thing whatever to be delivered by the Postal Service, or deposits or causes to be deposited in this State by mail or by private or commercial carrier according to the direction on the matter or thing, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing. |
|
(2) A scheme or artifice to defraud using a |
| government or private carrier is deemed to occur in the county in which mail or other matter is deposited with the Postal Service or a private commercial carrier for delivery, if deposited with the Postal Service or a private or commercial carrier within this State and the county in which a person within this State receives the mail or other matter from the Postal Service or a private or commercial carrier. |
|
(3) Mail fraud is a Class 3 felony.
(c) (Blank).
(d) The period of limitations for prosecution of any offense defined in this Section begins at the time when the last act in furtherance of the scheme or artifice is committed.
(e) In this Section:
(1) "Scheme or artifice to defraud" includes a scheme |
| or artifice to deprive another of the intangible right to honest services. |
|
(2) (Blank).
(Source: P.A. 96‑1000, eff. 7‑2‑10.) |
(720 ILCS 5/17‑25)
Sec. 17‑25. Use of scanning device or reencoder to defraud.
(a) In this Section:
"Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.
"Reencoder" means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.
"Payment card" means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.
"Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of the owner or operator. "Merchant" also means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from the person.
(b) It is unlawful for a person to use:
(1) a scanning device to access, read, obtain, |
| memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant; or | |
(2) a reencoder to place information encoded on the |
| magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant. | |
(c) Sentence. A violation of this Section is a Class 4 felony. A second or subsequent violation of this Section is a Class 3 felony.
(Source: P.A. 92‑818, eff. 8‑21‑02.) |
(720 ILCS 5/17‑26)
Sec. 17‑26.
Misconduct by a corporate official.
(a) A person is guilty of a crime when:
(1) being a director of a corporation, he knowingly
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| with a purpose to defraud, concurs in any vote or act of the directors of the corporation, or any of them, which has the purpose of: |
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(A) making a dividend except in the manner |
|
(B) dividing, withdrawing or in any manner paying |
| any stockholder any part of the capital stock of the corporation except in the manner provided by law; |
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(C) discounting or receiving 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 purpose of providing the means of making such payment; |
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(D) receiving or discounting any note or other |
| evidence of debt with the purpose of enabling any stockholder to withdraw any part of the money paid in by him on his stock; or |
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(E) applying 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 |
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(2) being a director or officer of a corporation, he, |
|
(A) 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; |
|
(B) sells, or agrees to sell, or is directly |
| interested in the sale of any share of stock of such corporation, or in any agreement to sell such stock, unless at the time of the 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; |
|
(C) executes a scheme or attempts to execute a |
| scheme to obtain any share of stock of such corporation by means of false representation; or |
|
(3) being a director or officer of a corporation, he |
| with purpose to defraud or evade a financial disclosure reporting requirement of this State or of Section 13(A) or 15(D) of the Securities Exchange Act of 1934, as amended, 15 U. S. C. 78M(A) or 78O(D): |
|
(A) causes or attempts to cause a corporation or |
| accounting firm representing the corporation or any other individual or entity to fail to file a financial disclosure report as required by State or federal law; or |
|
(B) causes or attempts to cause a corporation or |
| accounting firm representing the corporation or any other individual or entity to file a financial disclosure report, as required by State or federal law, that contains a material omission or misstatement of fact. |
|
(b) If the benefit derived from a violation of this Section is $500,000 or more, the offender is guilty of a Class 2 felony. If the benefit derived from a violation of this Section is less than $500,000, the offender is guilty of a Class 3 felony.
(Source: P.A. 96‑1000, eff. 7‑2‑10.) |
(720 ILCS 5/17‑28)
Sec. 17‑28. Defrauding drug and alcohol screening tests.
(a) It is unlawful for a person to:
(1) manufacture, sell, give away, distribute, or |
| market synthetic or human substances or other products in this State or transport urine into this State with the intent of using the synthetic or human substances or other products to defraud a drug or alcohol screening test; | |
(2) attempt to foil or defeat a drug or alcohol |
| screening test by the substitution or spiking of a sample or the advertisement of a sample substitution or other spiking device or measure; | |
(3) adulterate synthetic or human substances with the |
| intent to defraud a drug or alcohol screening test; or | |
(4) manufacture, sell, or possess adulterants that |
| are intended to be used to adulterate synthetic or human substances for the purpose of defrauding a drug or alcohol screening test. | |
(b) For the purpose of determining the intent of the |
| defendant who is charged with a violation of this Section, the trier of fact may take into consideration whether or not a heating element or any other device used to thwart a drug or alcohol screening test accompanies the sale, giving, distribution, or marketing of synthetic or human substances or other products or whether or not instructions that provide a method for thwarting a drug or alcohol screening test accompany the sale, giving, distribution, or marketing of synthetic or human substances or other products. | |
(c) Sentence. A violation of this Section is a Class 4 |
| felony for which the court shall impose a minimum fine of $1,000. | |
(d) For the purposes of this Section, "drug or alcohol |
| screening test" includes, but is not limited to, urine testing, hair follicle testing, perspiration testing, saliva testing, blood testing, fingernail testing, and eye drug testing. | |
(Source: P.A. 93‑691, eff. 7‑9‑04.) |
(720 ILCS 5/17‑29)
Sec. 17‑29.
Businesses owned by minorities, females, and persons with disabilities; fraudulent contracts with governmental units.
(a) In this Section:
"Minority person" means a person who is: (1)
| African American (a person having origins in any of the black racial groups in Africa); (2) Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race); (3) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); or (4) Native American or Alaskan Native (a person having origins in any of the original peoples of North America). | |
"Female" means a person who is of the female gender.
"Person with a disability" means a person who is a |
| person qualifying as being disabled. | |
"Disabled" means a severe physical or mental |
| disability that: (1) results from: amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disabilities, or end stage renal failure disease; and (2) substantially limits one or more of the person's major life activities. | |
"Minority owned business" means a business concern |
| that is at least 51% owned by one or more minority persons, or in the case of a corporation, at least 51% of the stock in which is owned by one or more minority persons; and the management and daily business operations of which are controlled by one or more of the minority individuals who own it. | |
"Female owned business" means a business concern that |
| is at least 51% owned by one or more females, or, in the case of a corporation, at least 51% of the stock in which is owned by one or more females; and the management and daily business operations of which are controlled by one or more of the females who own it. | |
"Business owned by a person with a disability" means |
| a business concern that is at least 51% owned by one or more persons with a disability and the management and daily business operations of which are controlled by one or more of the persons with disabilities who own it. A not‑for‑profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a "business owned by a person with a disability". | |
"Governmental unit" means the State, a unit of local |
| government, or school district. | |
(b) In addition to any other penalties imposed by law or |
| by an ordinance or resolution of a unit of local government or school district, any individual or entity that knowingly obtains, or knowingly assists another to obtain, a contract with a governmental unit, or a subcontract or written commitment for a subcontract under a contract with a governmental unit, by falsely representing that the individual or entity, or the individual or entity assisted, is a minority owned business, female owned business, or business owned by a person with a disability is guilty of a Class 2 felony, regardless of whether the preference for awarding the contract to a minority owned business, female owned business, or business owned by a person with a disability was established by statute or by local ordinance or resolution. | |
(c) In addition to any other penalties authorized by law, |
| the court shall order that an individual or entity convicted of a violation of this Section must pay to the governmental unit that awarded the contract a penalty equal to one and one‑half times the amount of the contract obtained because of the false representation. | |
(Source: P.A. 94‑126, eff. 1‑1‑06; 94‑863, eff. 6‑16‑06.) |