PRINTER'S NO. 724
No. 623 Session of 2003
INTRODUCED BY MAHER, BLAUM, GANNON, BOYES, HASAY, BROWNE, HANNA, HARPER, HUTCHINSON, JAMES, LEWIS, MANDERINO, NICKOL, PALLONE, STETLER, TURZAI AND WALKO, MARCH 3, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2003
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for deceptive or 3 fraudulent business practices. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 4107(a) of Title 18 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 4107. Deceptive or fraudulent business practices. 9 (a) Offense defined.--A person commits an offense if, in the 10 course of business, he: 11 (1) uses or possesses for use a false weight or measure, 12 or any other device for falsely determining or recording any 13 quality or quantity; 14 (2) sells, offers or exposes for sale, or delivers less 15 than the represented quantity of any commodity or service; 16 (3) takes or attempts to take more than the represented 17 quantity of any commodity or service when as buyer he 18 furnishes the weight or measure;
1 (4) sells, offers or exposes for sale adulterated or 2 mislabeled commodities. As used in this paragraph, the term 3 "adulterated" means varying from the standard of composition 4 or quality prescribed by or pursuant to any statute providing 5 criminal penalties for such variance or set by established 6 commercial usage. As used in this paragraph, the term 7 "mislabeled" means varying from the standard of trust or 8 disclosure in labeling prescribed by or pursuant to any 9 statute providing criminal penalties for such variance or set 10 by established commercial usage; 11 (5) makes a false or misleading statement in any 12 advertisement addressed to the public or to a substantial 13 segment thereof for the purpose of promoting the purchase or 14 sale of property or services; 15 (6) makes a false or misleading written statement for 16 the purpose of obtaining property or credit; 17 (7) makes a false or misleading written statement for 18 the purpose of promoting the sale of securities, or omits 19 information required by law to be disclosed in written 20 documents relating to securities; 21 (8) makes a false or misleading material statement to 22 induce an investor to invest in a business venture. The 23 offense is complete when any false or misleading material 24 statement is communicated to an investor regardless of 25 whether any investment is made. For purposes of grading, the 26 "amount involved" is the amount or value of the investment 27 solicited or paid, whichever is greater. As used in this 28 paragraph, the following words and phrases shall mean: 29 "Amount" as used in the definition of "material statement" 30 includes currency values and comparative expressions of 20030H0623B0724 - 2 -
1 value, including, but not limited to, percentages or 2 multiples. "Business venture" means any venture represented 3 to an investor as one where he may receive compensation 4 either from the sale of a product, from the investment of 5 other investors or from any other commercial enterprise. 6 "Compensation" means anything of value received or to be 7 received by an investor. "Invest" means to pay, give or lend 8 money, property, service or other thing of value for the 9 opportunity to receive compensation. The term also includes 10 payment for the purchase of a product. "Investment" means the 11 money, property, service or other thing of value paid or 12 given, or to be paid or given, for the opportunity to receive 13 compensation. "Investor" means any natural person, 14 partnership, corporation, limited liability company, business 15 trust, other association, government entity, estate, trust, 16 foundation or other entity solicited to invest in a business 17 venture, regardless of whether any investment is made. 18 "Material statement" means a statement about any matter which 19 could affect an investor's decision to invest in a business 20 venture, including, but not limited to, statements about: 21 (i) the existence, value, availability or 22 marketability of a product; 23 (ii) the number of former or current investors, the 24 amount of their investments or the amount of their former 25 or current compensation; 26 (iii) the available pool or number of prospective 27 investors, including those who have not yet been 28 solicited and those who already have been solicited but 29 have not yet made an investment; 30 (iv) representations of future compensation to be 20030H0623B0724 - 3 -
1 received by investors or prospective investors; or 2 (v) the source of former, current or future 3 compensation paid or to be paid to investors or 4 prospective investors. 5 "Product" means a good, a service or other tangible or 6 intangible property of any kind; [or] 7 (9) obtains or attempts to obtain property of another by 8 false or misleading representations made through 9 communications conducted in whole or in part by telephone 10 involving the following: 11 (i) express or implied claims that the person 12 contacted has won or is about to win a prize; 13 (ii) express or implied claims that the person 14 contacted may be able to recover any losses suffered in 15 connection with a prize promotion; or 16 (iii) express or implied claims regarding the value 17 of goods or services offered in connection with a prize 18 or a prize promotion. 19 As used in this paragraph, the term "prize" means anything of 20 value offered or purportedly offered. The term "prize 21 promotion" means an oral or written express or implied 22 representation that a person has won, has been selected to 23 receive or may be eligible to receive a prize or purported 24 prize[.]; or 25 (10) does either of the following when he is in a client 26 relationship with a certified public accountant, public 27 accountant or public accounting firm: 28 (i) provides false or misleading information to the 29 certified public accountant, public accountant or public 30 accounting firm in connection with performance of an 20030H0623B0724 - 4 -
1 attestation function for the client which resulted in an 2 attestation by the certified public accountant, public 3 accountant or public accounting firm of a materially 4 misleading financial statement, audit, review or other 5 document; or 6 (ii) omits to provide information to the certified 7 public accountant, public accountant or public accounting 8 firm that he knows is material to the performance of an 9 attestation function and results in an attestation by the 10 certified public accountant, public accountant or public 11 accounting firm of a materially misleading financial 12 statement, audit, review or other document. 13 * * * 14 Section 2. This act shall take effect in 60 days. B27L18JS/20030H0623B0724 - 5 -