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					STATUTORY CRIMINAL 22.04

DEFRAUDING SECURED CREDITORS

   The crime of defrauding secured creditors requires proof that the defendant:

   1. Knowingly [destroyed, removed, concealed, encumbered, converted, sold,
      obtained, transferred, controlled or otherwise dealt with] property subject
      to a security interest; and

   2. Acted with the intent to hinder or prevent the enforcement of that interest.

     ["Control" means to act so as to exclude others from using their property
except on the defendant’s own terms.]

    “Security interest” means an interest in personal property or fixtures that
secures payment or performance of an obligation.

___________________________

Source: A.R.S. §§ 13-2204 and 13-2201(3) (statutory language as of January
19, 1984 and July 21, 1997).

Use Note: The definition of “security interest” refers to Title 47, Chapter 9,
A.R.S. §§ 47-9101 et seq.

Use bracketed language as appropriate to the facts.

The court shall instruct on the culpable mental state.

“Knowingly” is defined in A.R.S. § 13-105 (Statutory Definitional Instruction
1.056(b)).

A.R.S. 13-2204(B) directs the court to use the definition of “control” in A.R.S. §
13-1801. (Statutory Definitional Instruction 18.01(2)).



Text Approved by the Committee: June 8, 2007
Notes Approved by the Committee: June 8, 2007
Submitted to the State Bar: _______________________________
Approved by the Board of Governors: ______________________
STATUTORY CRIMINAL 22.05

DEFRAUDING JUDGMENT CREDITORS

       The crime of defrauding judgment creditors requires proof that the
defendant [secreted, assigned, conveyed or otherwise disposed of] the
defendant’s property with the intent to defraud a judgment creditor or to prevent
that property from being subjected to payment of a judgment.

      A “judgment creditor” is a person or entity that has obtained a judgment for
payment of money or order of support against the defendant that is due and
unpaid.

____________________
Source: A.R.S. § 13-2205 (statutory language as of October 1, 1978).

Use Note: Use bracketed language as appropriate to the facts.

Comment: “Judgment creditor” is not defined in A.R.S. § 13-2205. The
instruction includes a definition from A.R.S. §§ 12-1570(4) and 12-1598(8).

The court shall instruct on the culpable mental state.

“Intentionally” is defined in A.R.S. §13-105 (Statutory Definitions 1.056(a)(1)).



Text Approved by the Committee: June 8, 2007
Notes Approved by the Committee: June 8, 2007
Submitted to the State Bar: _______________________________
Approved by the Board of Governors: ______________________
STATUTORY CRIMINAL 22.06

FRAUD IN INSOLVENCY

       The crime of fraud in insolvency requires proof that when proceedings
were or were 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 had
been or was about to be made, the defendant

[destroyed, removed, concealed, encumbered, transferred or otherwise harmed
or reduced 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.]

[knowingly falsified any writing or record relating to the property.]

[knowingly misrepresented or refused 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 the defendant could be
legally required to furnish to such administration.]

[obtained any substantial part of or interest in the debtor's estate with intent to
defraud any creditor.]




____________________

Source: A.R.S. § 13-2206 (statutory language as of October 1, 1978).

Use notes: Use bracketed language as appropriate to the facts.

The court shall instruct on the culpable mental state.

“Intentional” is defined in A.R.S. § 13-105 (Statutory Definitional Instruction
1.056(a)(1)).

“Knowingly” is defined in A.R.S. § 13-105 (Statutory Definitional Instruction
1.056(b)).

Chapter 22 does not contain a definition of “debtor.” “Debtor” is defined in A.R.S.
§ 44-1001 as “a person who is liable on a claim.” A.R.S. § 20-1603 defines
“debtor” as “a borrower of money or a person possessing a commitment for a
loan of certain funds or a purchaser or lessee of goods, services, property, rights
or privileges for which payment is arranged through a credit transaction.”

Chapter 22 does not contain a definition of “creditor.” A.R.S. § 44-1001 defines
“creditor” as “a person who has a claim.” A.R.S. § 20-1603 defines “creditor” as
“the lender of money or vendor or lessor of goods, services, property, rights or
privileges, including a lessor under a lease intended as a security, where
payment is arranged through a credit transaction. "Creditor" means also any
successor to the right, title or interest of any such lender, vendor or lessor or an
affiliate, associate or subsidiary of any of them or any director, officer or
employee of any of them or any other person in any way associated with any of
them.”

Text Approved by the Committee: June 9, 2007
Notes Approved by the Committee: June 9, 2007
Submitted to the State Bar: _______________________________
Approved by the Board of Governors: ______________________
STATUTORY CRIMINAL 22.07

RECEIVING DEPOSITS IN AN INSOLVENT FINANCIAL INSTITUTION

        The crime of receiving deposits in an insolvent financial institution
requires proof that the defendant, as an officer, manager or other person
participating in the direction of a financial institution, received or permitted 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 was insolvent.

       [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.]

      “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.

       "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.

_____________________
Source: A.R.S. §§ 13-2207, 13-2201(3) and (4) (statutory language as of
January 19, 1984 and July 6, 1988.)

Use Note: “Funds” means money or credit. A.R.S. § 13-1801(A)(6).

The court shall instruct on the culpable mental state.

“Knowingly” is defined in A.R.S. § 13-105 (Statutory Definitional Instruction
1.056(b)).

Use bracketed language as appropriate to the facts of the case. The affirmative
defense instruction is in Statutory Criminal Instruction 2.025.



Text Approved by the Committee: June 9, 2007
Notes Approved by the Committee: June 9, 2007
Submitted to the State Bar: _______________________________
Approved by the Board of Governors: ______________________

				
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