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Ark. Code Ann. § 5-37-524

Fraud in the acquisition of authorization to provide motor vehicle transportation of property

Applied in 2 court decisions — leading case Harold McLaughlin Reliable Truck Brokers, Inc. v. Cox (1996)

Most recently applied in Harold McLaughlin Reliable Truck Brokers, Inc. v. Cox (May 1996)

Acts 1983, No. 156, §§ 1, 2; A.S.A. 1947, §§ 41-2377, 41-2378.

(1) It is the intent of this section to deter a person from using a telephone or another electronic means of communication to obtain authorization from any person in this state to transport the property of another person by motor vehicle, whether the property is to be transported within or without this state, and to thereafter fail to deliver the property in the manner prescribed in the contract or to appropriate the property contracted to be transported, or the proceeds from the property contracted to be transported, to the actor's own use.

(2) A person commits fraud in the acquisition of authorization to provide motor vehicle transportation of property if the person obtains authority by telephone, wire, or other electronic means from any person in this state to transport a good within or without this state and thereafter: Fails to deliver the good in the time and manner prescribed by the contract, with intent to defraud the owner or shipper of the good;

(3) Appropriates to the actor's own use the good contracted to be transported; or

(4) Appropriates to the actor's own use the proceeds from the sale, barter, or other transfer of ownership of the good contracted to be transported.

(5) Fraud in the acquisition of authorization to provide motor vehicle transportation of property is a Class D felony.

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.