|
Bill A00210:
Summary:
Cases of legitimate bankruptcy are dealt with by our court system. In
other cases, unscrupulous business owners close shop without warning
and make off with consumer deposits. These cases of "fraudulent"
bankruptcy are not specifically dealt with under current law. In
almost every instance where a fraudulent conveyance takes place, the
amount of money consists of all of the assets of the organization.
These assets, in the case of the type of organization specified in the
legislation, would probably constitute deposits and payments made to
the organization by multiple creditors for goods and services for
goods and services that will not be provided. It is not uncommon for
stores to go out of business while holding the deposits of numerous
customers. This legislation would help to prevent such losses and
punish dishonest business owners.
To learn more about this bill click here
This bill has been referred to code
Bill A00334
Summary:
Currently, no clear, concise set of definitions of
deceptive practices exists in either criminal or civil statutes.
Members of the business community, consumers, and agencies of
government who are victimized by deceptive practices such as, offering
or advertising goods without having such goods, making false or
misleading statements with respect to goods or services offered, the
price or the reduction in price thereof, failing to provide goods
and/or services as represented, and failing to return or refund
deposits or advance payments for goods and/or services not provided,
have in most instances no alternative to inadequate civil procedures.
Providing criminal penalties to control the small disreputable element
of the business community that preys on society should effectively
reduce, if not eliminate, unfair competition and deceptive practices.
The five degrees of penalties for engaging in deceptive practices are
a class A misdemeanor where the aggregate value of the goods or
services is not more than one thousand dollars, a class E felony where
the aggregate value is more than one thousand but less than five
thousand dollars, a class D felony where the aggregate value is more
than five thousand but less than twenty-five thousand dollars, a class
C felony where the aggregate value is more than twenty-five thousand
but less than one hundred thousand dollars, and a class B felony where
the aggregate value is more than one hundred thousand dollars. These
penalties would provide adequate protection for its victims. Far too
frequently, such judgments that are obtained under civil procedures
are uncollectible because of the sophistication those who engage in
deceptive practices have in hiding their assets. Such procedures that
do exist in civil law to recover losses are far too cumbersome,
expensive, and ultimately ineffectual in most instances. In those
instances where goods, services, or restitution will not, has not, or
cannot be obtained under existing law, this act would provide a
substantial incentive to provide relief in order to avoid
incarceration.
To learn more about this bill click here
This bill has been referred to Code
|
