Includes falsely soliciting for property within the crime of scheme to defraud in the second degree.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): DeFrancisco
TITLE OF BILL: An act to amend the penal law, in relation to including falsely soliciting for property within the crime of scheme to defraud in the second degree
To address a pressing need and make it a crime for a perpetrator to disguise themselves and falsely solicit donations, gifts or any other tangible property for the sole benefit of the perpetrator and/or group.
SUMMARY OF PROVISIONS:
Section 1: Section 190.60 of the Penal law is amended to include the action of falsely soliciting donations, gifts or any other property within the scheme to defraud in the second degree.
Section 2: Effective date of bill.
This is a scam that is well-known and all too frequent: the misrepresentation of an organization and "the ask" for donations, gifts or any other property. Mortgage lenders, the New York State Police Benevolent Association, the New York City Police Department, banks, credit card issuers and others have fell victim to perpetrators falsely claiming they represent such entity.
In fact, the New York State Police Benevolent Association was identified as a scam by the State Attorney General's Office during the holiday season of 2006. The callers said they were the fundraising arm for the State Troopers, and then went on to request personal information such as a bank account, debit and credit card numbers. Soon after, the PBA released a statement and notified people that the state police does not solicit donations over the phone. This applies to city agencies as well. Some examples of a perpetrators' "ask" included collecting money in support of parole and probation officers, and fallen officers' children.
To limit this practice and deter perpetrators from preying on innocent victims, this bill will include the action of falsely soliciting donations within the scheme to defraud in the second degree, a class A misdemeanor.
2011- S. 5022 A - Passed Senate 2012: S. 5022-A - Referred to Codes
FISCAL IMPLICATIONS: None.
Shall take effect on November 1st succeeding the date on which it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 3740 2013-2014 Regular Sessions IN SENATE February 13, 2013 ___________Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to including falsely solicit- ing for property within the crime of scheme to defraud in the second degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 190.60 of the penal law, as amended by chapter 491 of the laws of 1992 and subdivision 1 as amended by chapter 357 of the laws of 1996, is amended to read as follows: S 190.60 Scheme to defraud in the second degree. 1. A person is guilty of a scheme to defraud in the second degree when he OR SHE: (A) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or to obtain property from more than one person by false or fraudulent pretenses, representations or promises, and so obtains property from one or more of such persons; OR (B) FALSELY SOLICITS DONATIONS, GIFTS OR ANY OTHER PROPERTY FROM A PERSON BY MISREPRESENTING HIS OR HER RELATIONSHIP OR CONNECTION WITH AN ORGANIZATION, GOVERNMENTAL ENTITY OR AGENCY, WHETHER OR NOT HE OR SHE OBTAINS PROPERTY FROM SUCH PERSON. 2. In any prosecution under PARAGRAPH (A) OF SUBDIVISION ONE OF this section, it shall be necessary to prove the identity of at least one person from whom the defendant so obtained property, but it shall not be necessary to prove the identity of any other intended victim. Scheme to defraud in the second degree is a class A misdemeanor. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08333-01-3