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Ark. Code Ann. § 4-72-207

Misleading and fraudulent schemes — Penalty — Prosecutions

Applied in 5 court decisions — leading case Southeastern Distributing Co. v. Miller Brewing Co. (2006)

Most recently applied in Gunn v. Farmers Insurance Exchange (November 2010)

Acts 1977, No. 355, § 8; A.S.A. 1947, § 70-814.

How often courts cite this section

2002201030
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) It shall be unlawful for any person, directly or indirectly, in connection with the offer, sale, purchase, transfer, or assignment of any franchise in this state to knowingly: Employ any device, scheme, or artifice to defraud;

(2) Make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading; or

(3) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

(4) Any violation of this section shall be a Class B felony.

(5) Prosecutions for offenses committed in violation of this section must be commenced within five (5) years from the date of the crime or within five (5) years from the date of the commission of the last overt act in furtherance of the scheme to defraud.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.