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New York · Through 2026-09-11

N.Y. Penal Law § 185.05: Fraud involving a security interest

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Where this section sits in the code
  1. Penal Law
  2. Part 3. Specific Offenses
  3. Title K. Offenses Involving Fraud
  4. Article 185. Frauds On Creditors

§ 185.05 Fraud involving a security interest.

A person is guilty of fraud involving a security interest when, having

executed a security agreement creating a security interest in personal

property securing a monetary obligation owed to a secured party, and:

1. Having under the security agreement both the right of sale or other

disposition of the property and the duty to account to the secured party

for the proceeds of disposition, he sells or otherwise disposes of the

property and wrongfully fails to account to the secured party for the

proceeds of disposition; or

2. Having under the security agreement no right of sale or other

disposition of the property, he knowingly secretes, withholds or

disposes of such property in violation of the security agreement.

Fraud involving a security interest is a class A misdemeanor.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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