2020 New York Laws
PEN - Penal
Part 3 - Specific Offenses
Title K - Offenses Involving Fraud
Article 185 - Frauds on Creditors
185.05 - Fraud Involving a Security Interest.

Universal Citation: NY Penal L § 185.05 (2020)
§ 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.


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