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Title 14 — Financial & Economic Crimes
Title 14 — FINANCIAL & ECONOMIC CRIMES
Chapter 1: Fraud and Deceptive Financial Practices
Section 1401 FraudFELONY#
- (a) Obtaining money, property, or services from another person by a materially false representation or material concealment that induces the transfer.
- (b) Penalties:
- (1) Fine: $25,000 to $150,000
- (2) Imprisonment: 20 to 60 minutes
Section 1402 Identity FraudFELONY#
- (a) Using another person’s identifying information without authorization to obtain money, property, services, or a financial benefit.
- (b) Penalties:
- (1) Fine: $25,000 to $175,000
- (2) Imprisonment: 25 to 60 minutes
Section 1403 Forgery of Financial InstrumentsFELONY#
- (a) Making, altering, or presenting a materially false financial instrument to obtain a financial benefit or cause loss.
- (b) Penalties:
- (1) Fine: $20,000 to $125,000
- (2) Imprisonment: 20 to 55 minutes
Chapter 2: Bribery, Corruption, and Improper Influence (General)
Section 1421 Commercial BriberyFELONY#
- (a) Offering, giving, soliciting, or accepting anything of value in exchange for influencing a private business decision or performance of a fiduciary duty.
- (b) Penalties:
- (1) Fine: $15,000 to $100,000
- (2) Imprisonment: 15 to 45 minutes
Section 1422 Obstruction of Financial ExaminationMISDEMEANOR#
- (a) Concealing, destroying, falsifying, or refusing to produce records in response to a lawful financial audit, examination, or subpoena.
- (b) Penalties:
- (1) Fine: $5,000 to $25,000
- (2) Imprisonment: 10 to 25 minutes
Chapter 3: Money Laundering and Illicit Finance
Section 1431 Money LaunderingFELONY#
- (a) Conducting or attempting to conduct a financial transaction involving proceeds of unlawful activity to conceal the source, ownership, location, or control of the proceeds, or to promote unlawful activity.
- (b) Penalties:
- (1) Fine: $75,000 to $250,000
- (2) Imprisonment: 35 to 60 minutes
Section 1432 StructuringFELONY#
- (a) Conducting or attempting to conduct transactions in a manner intended to evade lawful reporting, recordkeeping, or monitoring requirements.
- (b) Penalties:
- (1) Fine: $25,000 to $150,000
- (2) Imprisonment: 20 to 55 minutes
Section 1433 Operation of an Unlicensed Money Services BusinessFELONY#
- (a) Operating a money transmission or currency-exchange business without required authorization under state law.
- (b) Penalties:
- (1) Fine: $25,000 to $175,000
- (2) Imprisonment: 25 to 60 minutes
Chapter 4: Tax and Revenue Offenses
Section 1441 Tax EvasionFELONY#
- (a) Evading or attempting to evade a tax, fee, or lawful revenue obligation owed to the State.
- (b) Penalties:
- (1) Fine: $50,000 to $200,000
- (2) Imprisonment: 30 to 60 minutes
Section 1442 Filing a False Tax DocumentFELONY#
- (a) Submitting a materially false tax return, declaration, or supporting document to the State.
- (b) Penalties:
- (1) Fine: $25,000 to $150,000
- (2) Imprisonment: 25 to 55 minutes
Section 1443 Failure to Remit Withheld FundsFELONY#
- (a) Collecting or withholding funds owed to the State and failing to remit them as required.
- (b) Penalties:
- (1) Fine: $50,000 to $200,000
- (2) Imprisonment: 30 to 60 minutes
Chapter 5: Racketeering and Organized Economic Crime
Section 1451 RacketeeringFELONY#
- (a) Participating in an enterprise through a pattern of financial or economic crimes under this Title.
- (b) Penalties:
- (1) Fine: $150,000 to $500,000
- (2) Imprisonment: 45 to 90 minutes
Section 1452 Conspiracy to Commit an Offense Under This TitleFELONY#
- (a) Agreeing with one or more persons to commit an offense under this Title and taking any step in furtherance of the agreement.
- (b) Penalties:
- (1) Fine: $25,000 to $150,000
- (2) Imprisonment: 20 to 55 minutes
Section 1453 Criminal ProfiteeringFELONY#
- (a) Deriving substantial income or resources from a pattern of offenses under this Title.
- (b) Penalties:
- (1) Fine: $100,000 to $350,000
- (2) Imprisonment: 40 to 90 minutes
Chapter 6: Restitution, Financial Remedies, and Forfeiture Procedure (Authority)
Section 1461 Restitution and Disgorgement#
- (a) Upon conviction of any offense under this Title, the court may order restitution to any victim for actual losses and may order disgorgement of unlawful gains.
- (b) Restitution and disgorgement may be ordered in addition to fines and imprisonment and may include costs reasonably incurred to investigate, remediate, or recover losses.
- (c) The court may set payment schedules and may consider the defendant’s ability to pay, the need for deterrence, and the interests of justice.
Section 1462 Criminal Forfeiture#
- (a) Upon conviction of any offense under this Title, the court may order forfeiture of:
- (1) proceeds obtained directly or indirectly from the offense; and
- (2) property used to commit or facilitate the offense.
- (b) The court may order the return of property to victims where practicable and may prioritize victim restitution over forfeiture to the State when consistent with justice and public welfare.
- (c) The court may issue orders necessary to preserve property subject to forfeiture pending adjudication.
Section 1463 Seizure Authority#
- (a) A peace officer may seize property when supported by lawful process or when seizure is otherwise authorized by law and supported by probable cause that the property is subject to forfeiture under this Title.
- (b) Property seized shall be handled, stored, and accounted for pursuant to lawful procedures and subject to judicial review.
Section 1464 Petition for Return of Property#
- (a) A person claiming lawful ownership or superior right to seized property may petition the court for return.
- (b) The court may order return, partial return, or continued retention subject to conditions necessary to preserve evidence and protect the public interest.
Chapter 7: Sentencing Rules and Enhancements
Section 1471 Value-Based Sentencing Adjustment#
- (a) In sentencing for offenses under this Title, the court may consider the value of loss caused, value of benefit obtained, number of victims, duration of conduct, sophistication, and abuse of trust.
- (b) The court may impose fines toward the upper end of the authorized range where the offense involved substantial loss, repeated conduct, or significant planning.
Section 1472 Deadly Weapon EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The offense is committed while armed with or using a deadly weapon.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $20,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 1473 Serious Bodily Injury EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The offense results in serious bodily injury.
- (c) Additional Penalties:
- (1) Additional Fine: $15,000 to $30,000
- (2) Additional Imprisonment: 15 to 30 minutes
Section 1474 Vulnerable Victim EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The victim is elderly, disabled, a minor, or a public official.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $25,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 1475 Repeat Offender EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The defendant has a prior conviction for an offense under this Title within 30 days.
- (c) Additional Penalties:
- (1) Second offense: Fine and imprisonment increased by 50%
- (2) Third offense: Fine and imprisonment increased by 100%
- (3) Fourth and subsequent: Fine and imprisonment increased by 200%