§ 5-37-204 — Fraud in insolvency

(a) A person commits fraud in insolvency if, with purpose to defraud, and with knowledge that a proceeding has been or is about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of a creditor, or that any other composition or liquidation for the benefit of a creditor has been or is about to be made, the person: (1) Destroys, removes, conceals, encumbers, transfers, acquires, or otherwise deals with any property with purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of a creditor; (2) Falsifies any writing or record relating to the property; or (3) Misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of a creditor, the existence, amount, or location of the property, or any other information that the actor could be legally required to furnish to the receiver or other person entitled to administer property for the benefit of a creditor. (b) Fraud in insolvency is a Class D felony.

Legislative History

Acts 1975, No. 280, § 2305; A.S.A. 1947, § 41-2305.