A.R.S. tit. 13 ch. 22 — Arizona Revised Statutes Title 13 Chapter 22 — Business And Commercial Frauds

13-2201. Definitions In this chapter, unless the context otherwise requires: 1. "Adulterated" means varying from the standard of composition or quality prescribed by statute or administrative regulation or, if none, as set by established commercial usage. 2. "Fiduciary" means a trustee, guardian, executor, administrator, receiver or any other person carrying on functions of trust on behalf of another person, corporation or organization. 3. "Financial institution" means a bank, insurance company, credit union, savings and loan association, investment trust or other organization held out to the public as a place of deposit for funds or medium of savings or collective investment. 4. "Insolvent" means that, for any reason, a financial institution is unable to pay its obligations in the ordinary or usual course of business or the present fair salable value of its assets is less than the amount that will be required to pay its probable liabilities on its existing debts as they become absolute and matured. 5. "Mislabeled" means: (a) Varying from the standard of truth or disclosure in labeling prescribed by statute or administrative regulation or, if none, as set by established commercial usage; or (b) Represented as being another person's product, though otherwise labeled accurately as to quality and quantity. 6. "Misleading statement" means an offer to sell property or services when the offerer does not intend to sell or provide the advertised property or services: (a) At a price equal to or lower than the price offered; or (b) In a quantity sufficient to meet the reasonably expected public demand, unless the quantity available is specifically stated in the advertisement; or (c) At all. 7. "Security interest" means an interest in personal property or fixtures pursuant to title 47, chapter 9. 13-2202. Deceptive business practices; classification A. A person commits deceptive business practices if in the course of engaging in a business, occupation or profession such person recklessly: 1. Uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity; or 2. Sells, offers or exposes for sale or delivers less than the represented quantity of any commodity or service; or 3. Takes or attempts to take more than the represented quantity of any goods or service when as buyer such person furnishes the weight or measure; or 4. Sells, offers or exposes for sale adulterated goods or services; or 5. Sells, offers or exposes for sale mislabeled goods or services. B. Deceptive business practices is a class 1 misdemeanor. 13-2203. False advertising; classification A. A person commits false advertising if, in connection with the promotion of the sale of property or services, such person recklessly causes to be made or makes a false or misleading statement in any advertisement. B. False advertising is a class 1 misdemeanor. 13-2204. Defrauding secured creditors; definition; classification A. A person commits defrauding secured creditors if the person knowingly destroys, removes, conceals, encumbers, converts, sells, obtains, transfers, controls or otherwise deals with property subject to a security interest with the intent to hinder or prevent the enforcement of that interest. B. For the purposes of this section, "control" has the same meaning as prescribed by section 13-1801. C. Defrauding secured creditors is a class 6 felony. 13-2205. Defrauding judgment creditors; classification A. A person commits defrauding judgment creditors if such person secretes, assigns, conveys or otherwise disposes of his property with the intent to defraud a judgment creditor or to prevent that property from being subjected to payment of a judgment. B. Defrauding judgment creditors is a class 6 felony. 13-2206. Fraud in insolvency; classification A. A person commits fraud in insolvency if, when proceedings have been or are about to be instituted for the appointment of a trustee, receiver or other person entitled to administer property for the benefit of creditors or when any other assignment, composition or liquidation for the benefit of creditors has been or is about to be made, such person: 1. Destroys, removes, conceals, encumbers, transfers or otherwise harms or reduces the value of the property with intent to defeat or obstruct the operation of any law relating to the administration of property for the benefit of creditors; or 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 he could be legally required to furnish to such administration; or 4. Obtains any substantial part of or interest in the debtor's estate with intent to defraud any creditor. B. Fraud in insolvency is a class 6 felony. 13-2207. Receiving deposits in an insolvent financial institution; classification A. A person commits receiving deposits in an insolvent financial institution if, as an officer, manager or other person participating in the direction of a financial institution, such person receives or permits the receipt of a deposit, premium payment or investment in the institution in excess of the amount insured by the federal deposit insurance corporation, the federal savings and loan insurance corporation or the national credit union administration knowing that the institution is insolvent. B. It is a defense to prosecution under this section that the person making the deposit, premium payment or investment was fully informed of the financial condition of the institution. C. Receiving deposits in an insolvent financial institution is a class 5 felony. 13-2208. Usury; classification A. A person commits usury by knowingly engaging in or directly or indirectly providing financing for the business of making loans at a higher rate of interest or consideration than authorized by law. B. Usury is a class 1 misdemeanor.