Theft Deceptive or Fraudulent Business Practices

On Behalf of | May 31, 2017 | Theft

Pennsylvania Statute 4107 Title 18 in the Pennsylvania Crimes Code defines what makes certain business transactions illegal or fraudulent or a type of theft in the eyes of the law. Burglary There are a variety of ways in which both the buyer and the seller can violate this statute thereby committing a theft. If either party possesses a tool or device that provides a false measurement to record any quality or quantity of goods or services being provided, the transaction becomes fraudulent. If the seller does not deliver the represented quantity of said commodity or service of what was agreed upon during the transaction, then it is a fraudulent business practice as well. The reverse side of that is when the buyer is in charge of weighing out or measuring the goods and they take more than what was agreed upon.

Other ways in which a seller can violate this statute committing a type of theft is by mislabeling the commodity or composition of what is being sold. A seller cannot use any misleading statements in any advertisement to the public to promote the purchase or sale of goods or services, or when trying to gain investors in a business venture. cyberbullying False information such as the number of investors, the amount that the buyer can expect to be returned in compensation in the future, or the availability and marketability of the product will make the seller an offender. The penalties for breaking these laws vary depending on the amount of the transaction. If the transaction amount exceeds $2,000, it is a felony of the third degree. If the amount involved is greater than $200 but less than $2,000 it is a misdemeanor of the first degree, and if the amount involved is less than $200 or the amount cannot be correctly determined, it is a misdemeanor of the second degree. If the victim of the offense is 60 or older, the grading of the offense will be one grade higher. The only defense to the prosecution is if the defendant can prove by a preponderance of evidence that his/her conduct was not knowingly or recklessly deceptive.

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