(720 ILCS 5/17-24)
Sec. 17-24. Mail fraud and wire fraud.
(a) Mail fraud. A person commits mail fraud when he or she: (1) devises or intends to devise any scheme or |
| artifice to defraud, or to obtain money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit obligation, security, or other article, or anything represented to be or intimated or held out to be such a counterfeit or spurious article; and
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(2) with the intent to execute such scheme or
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| artifice or to attempt to do so, does any of the following:
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(A) Places in any post office or authorized
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| depository for mail matter within this State any matter or thing to be delivered by the United States Postal Service, according to the direction on the matter or thing.
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(B) Deposits or causes to be deposited in this
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| State any matter or thing to be sent or delivered by mail or by private or commercial carrier, according to the direction on the matter or thing.
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(C) Takes or receives from mail or from a private
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| or commercial carrier any such matter or thing at the place at which it is directed to be delivered by the person to whom it is addressed.
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(D) Knowingly causes any such matter or thing to
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| be delivered by mail or by private or commercial carrier, according to the direction on the matter or thing.
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(b) Wire fraud. A person commits wire fraud when he or she:
(1) devises or intends to devise a scheme or artifice
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| to defraud or to obtain money or property by means of false pretenses, representations, or promises; and
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(2) for the purpose of executing the scheme or
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| artifice, transmits or causes to be transmitted any writings, signals, pictures, sounds, or electronic or electric impulses by means of wire, radio, or television communications:
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(A) from within this State;
or
(B) so that the transmission is received by a
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| person within this State; or
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(C) so that the transmission may be accessed by a
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| person within this State.
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(c) Jurisdiction.
(1) Mail fraud using a government or private carrier
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| occurs in the county in which mail or other matter is deposited with the United States Postal Service or a private commercial carrier for delivery, if deposited with the United States Postal Service or a private or commercial carrier within this State, and the county in which a person within this State receives the mail or other matter from the United States Postal Service or a private or commercial carrier.
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(2) Wire fraud occurs in the county from which a
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| transmission is sent, if the transmission is sent from within this State, the county in which a person within this State receives the transmission, and the county in which a person who is within this State is located when the person accesses a transmission.
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(d) Sentence. A violation of this Section is a Class 3 felony.
The period of limitations for prosecution of any offense defined in this
Section begins at the time when the last act in furtherance of the scheme or
artifice is committed.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/17-26)
Sec. 17-26. Misconduct by a corporate official.
(a) A person commits misconduct by a corporate official when:
(1) being a director of a corporation, he or she |
| knowingly, with the intent to defraud, concurs in any vote or act of the directors of the corporation, or any of them, which has the purpose of:
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(A) making a dividend except in the manner
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(B) dividing, withdrawing or in any manner paying
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| any stockholder any part of the capital stock of the corporation except in the manner provided by law;
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(C) discounting or receiving any note or other
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| evidence of debt in payment of an installment of capital stock actually called in and required to be paid, or with purpose of providing the means of making such payment;
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(D) receiving or discounting any note or other
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| evidence of debt with the purpose of enabling any stockholder to withdraw any part of the money paid in by him or her on his or her stock; or
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(E) applying any portion of the funds of such
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| corporation, directly or indirectly, to the purchase of shares of its own stock, except in the manner provided by law; or
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(2) being a director or officer of a corporation, he
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| or she, with the intent to defraud:
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(A) issues, participates in issuing, or concurs
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| in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law;
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(B) sells, or agrees to sell, or is directly
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| interested in the sale of any share of stock of such corporation, or in any agreement to sell such stock, unless at the time of the sale or agreement he or she is an actual owner of such share, provided that the foregoing shall not apply to a sale by or on behalf of an underwriter or dealer in connection with a bona fide public offering of shares of stock of such corporation;
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(C) executes a scheme or attempts to execute a
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| scheme to obtain any share of stock of such corporation by means of false representation; or
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(3) being a director or officer of a corporation, he
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| or she with the intent to defraud or evade a financial disclosure reporting requirement of this State or of Section 13(A) or 15(D) of the Securities Exchange Act of 1934, as amended, 15 U. S. C. 78M(A) or 78O(D):
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(A) causes or attempts to cause a corporation or
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| accounting firm representing the corporation or any other individual or entity to fail to file a financial disclosure report as required by State or federal law; or
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(B) causes or attempts to cause a corporation or
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| accounting firm representing the corporation or any other individual or entity to file a financial disclosure report, as required by State or federal law, that contains a material omission or misstatement of fact.
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(b) Sentence. If the benefit derived from a violation of this Section is $500,000
or more, the violation is a Class 2 felony. If the benefit derived
from
a violation of this Section is less than $500,000, the violation is a
Class 3 felony.
(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/17-27)
Sec. 17-27. Fraud on creditors.
(a) Fraud in insolvency. A person commits fraud in insolvency when, knowing that proceedings have or
are about to be instituted for the appointment of a receiver or other person
entitled to administer property for the benefit of creditors, or that any other
composition or liquidation for the benefit of creditors has been or is about to
be made, he or she:
(1) destroys, removes, conceals, encumbers, |
| transfers, or otherwise deals with any property or obtains any substantial part of or interest in the debtor's estate with the intent 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 creditors;
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(2) knowingly falsifies any writing or record
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| relating to the property; or
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(3) knowingly misrepresents or refuses to disclose to
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| 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 actor could be legally required to furnish in relation to such administration.
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Sentence. If the benefit derived from a violation of this subsection (a) is $500,000
or more, the violation is a Class 2 felony. If the benefit derived
from
a violation of this subsection (a) is less than $500,000, the violation is a
Class 3 felony.
(b) Fraud in property transfer. A person commits fraud in property transfer when he or she transfers or conveys any interest in property with the intent to defraud, defeat, hinder, or delay his or her creditors. A violation of this subsection (b) is a business offense subject to a fine not to exceed $1,000.
(Source: P.A. 96-1551, eff. 7-1-11 .)
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