The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 049: Fraud in Commercial Transactions

• Subchapter 001: BILLS OF LADING

• § 2051. Issue of bill of lading for goods not received

  An officer, agent, or servant or a carrier, who, with intent to defraud, issues or aids in issuing a bill of lading, knowing that all or any part of the goods for which the bill of lading is issued, has not been received by such carrier or by an agent of such carrier or by a connecting carrier or is not under the carrier’s control at the time of issuing the bill of lading, shall be imprisoned not more than five years or fined not more than $5,000.00, or both. (Added 1966, No. 29 (Sp. Sess.), § 6.)

• § 2052. Issue of bill of lading containing false statement

  An officer, agent, or servant of a carrier, who, with intent to defraud, issues or aids in issuing a bill of lading for goods knowing that it contains any false statement, shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (Added 1966, No. 29 (Sp. Sess.), § 7.)

• § 2053. Issue of duplicate bills of lading not so marked

  An officer, agent, or servant of a carrier, who, with intent to defraud, issues or aids in issuing a duplicate or additional negotiable bill of lading for goods in violation of 9A V.S.A. § 7—402, knowing that a former negotiable bill of lading for the same goods or any part of them is outstanding and uncancelled, shall be imprisoned not more than five years or fined not more than $5,000.00, or both. (Added 1966, No. 29 (Sp. Sess.), § 8.)

• § 2054. Negotiation of bill of lading for goods subject to security interest

  A person who ships goods to which he or she has not title or in which there is a security interest and who takes for such goods a negotiable bill of lading which he or she afterwards negotiates for value with intent to deceive and without disclosing his or her want of title or the existence of the security interest, shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (Added 1966, No. 29 (Sp. Sess.), § 9.)

• § 2055. Negotiation of bill of lading when goods are not in carrier’s possession

  A person who, with intent to deceive, negotiates or transfers for value a bill of lading knowing that any or all of the goods that by the terms of the bill of lading appear to have been received for transportation by the carrier that issued the bill of lading, are not in the possession or control of the carrier or of a connecting carrier, without disclosing this fact, shall be imprisoned not more than five years or fined not more than $5,000.00, or both. (Added 1966, No. 29 (Sp. Sess.), § 10.)

• § 2056. Inducing carrier to issue bill of lading when goods have not been received

  A person who, with intent to defraud, secures the issue by a carrier of a bill of lading, knowing that at the time of issue, any or all of the goods described in the bill of lading as received for transportation have not been received by the carrier or an agent of the carrier or a connecting carrier or are not under the carrier’s control, by inducing an officer, agent, or servant of the carrier falsely to believe that the goods have been received by the carrier or are under its control, shall be imprisoned not more than five years or fined not more than $5,000.00, or both. (Added 1966, No. 29 (Sp. Sess.), § 11.)

• § 2057. Issue of nonnegotiable bill of lading not so marked

  A person who, with intent to defraud, issues or aids in issuing a nonnegotiable bill of lading without the words “not negotiable” placed plainly upon the face thereof, shall be imprisoned not more than five years or fined not more than $5,000.00, or both. (Added 1966, No. 29 (Sp. Sess.), § 12.)

• Subchapter 002: WAREHOUSE RECEIPTS

• § 2061. Issue of warehouse receipt for goods not received

  A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a warehouse receipt knowing that the goods for which the warehouse receipt is issued, have not been actually received by the warehouseman, or are not under his or her actual control at the time of issuing the warehouse receipt, shall be imprisoned not more than five years or fined not more than $5,000.00, or both. (Added 1966, No. 29 (Sp. Sess.), § 13.)

• § 2062. Issue of warehouse receipt containing false statement

  A warehouseman, or any officer, agent, or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a warehouse receipt for goods knowing that it contains any false statement, shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (Added 1966, No. 29 (Sp. Sess.), § 14.)

• § 2063. Issue of duplicate warehouse receipts not so marked

  A warehouseman, or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable warehouse receipt for goods knowing that a former negotiable warehouse receipt for the same goods or any part of them is outstanding and uncancelled, without plainly placing upon the face thereof the word “Duplicate,” except in the case of a lost or destroyed warehouse receipt after proceedings as provided for in 9 V.S.A. § 7—601, shall be imprisoned not more than five years or fined not more than $5,000.00, or both. (Added 1966, No. 29 (Sp. Sess.), § 15.)

• § 2064. Issue for warehouseman’s goods of warehouse receipts that do not state his or her ownership

  Where there are deposited with or held by a warehouseman goods of which he or she is owner, either solely or jointly or in common with others, the warehouseman, or any of his or her officers, agents, or servants, who knowing this ownership, issues or aids in issuing a negotiable warehouse receipt for those goods that does not state that ownership, shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (Added 1966, No. 29 (Sp. Sess.), § 16.)

• § 2065. Delivery of goods without obtaining negotiable warehouse receipt

  A warehouseman, or any officer, agent, or servant of a warehouseman, who delivers goods out of the possession of the warehouseman, knowing that a negotiable warehouse receipt, the negotiation of which would transfer the right to the possession of such goods, is outstanding and uncancelled, without obtaining the possession of the warehouse receipt at or before the time of such delivery, except in the cases provided for in 9A V.S.A. §§ 7—205, 7—209 and 7—601, shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (Added 1966, No. 29 (Sp. Sess.), § 17.)

• § 2066. Negotiation of warehouse receipt for goods subject to a security interest

  A person who deposits goods to which he or she has not title or in which there is a security interest, and who takes for the goods a negotiable warehouse receipt which he or she afterwards negotiates for value with intent to deceive and without disclosing his or her want of title or the existence of the security interest, shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (Added 1966, No. 29 (Sp. Sess.), § 18.)

• Subchapter 003: SECURITY AGREEMENTS

• § 2071. Penalty for failure to discharge security agreement

  When the condition of a security agreement has been fulfilled, within 30 days thereafter, the secured party shall cause the security agreement to be discharged of record. A person who neglects or refuses so to do shall be fined not more than $50.00 nor less than $5.00. (Added 1966, No. 29 (Sp. Sess.), § 19.)

• § 2072. Removal of collateral from the State

  No person may, with intent to defraud or to deprive a secured party or debtor of his or her legal rights or remedies, remove collateral from the State, or conceal or aid in concealing it. (Added 1966, No. 29 (Sp. Sess.), § 20.)

• § 2073. Sale of collateral

  A debtor shall not sell, pledge, or exchange collateral without the consent of the secured party in writing recorded in the office where the security agreement is recorded or upon the back of the security agreement, and, in either case, on the margin of the record thereof in the office where it is recorded. (Added 1966, No. 29 (Sp. Sess.), § 21.)

• § 2074. Prior security interest to be set forth in subsequent security agreement

  A debtor shall not execute a second or subsequent security agreement covering collateral that is the subject of a previously existing security agreement made by the debtor unless the existence of the previous security agreement is set forth in the subsequent security agreement. (Added 1966, No. 29 (Sp. Sess.), § 22.)

• § 2075. Penalties

  A person who violates section 2072, 2073, or 2074 of this title shall be fined not more than double the value of the collateral so wrongfully removed from the State, sold, concealed, pledged, mortgaged, or exchanged, and half the fine shall be paid to the party injured. (Added 1966, No. 29 (Sp. Sess.), § 23.)

• § 2076. Statutory construction

  Statutes using the words “pledge,” “mortgage,” “conditional sale,” “lien,” “assignment,” and like terms in referring to a security interest in personal property shall also apply to a corresponding type of security interest under 9A V.S.A. §§ 1—101 et seq. and sections 2051-2057, 2061-2066, 2071-2076 of this title. (Added 1966, No. 29 (Sp. Sess.), § 24.)