New York statute
N.Y. Penal Law § 185.00 — Fraud in insolvency
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 185: Frauds On Creditors, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 185.00
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
185.00 Fraud in insolvency.
1. As used in this section, "administrator" means an assignee or
trustee for the benefit of creditors, a liquidator, a receiver or any
other person entitled to administer property for the benefit of
creditors.
2. A person is guilty of fraud in insolvency when, with intent to
defraud any creditor and knowing that proceedings have been or are about
to be instituted for the appointment of an administrator, or knowing
that a composition agreement or other arrangement for the benefit of
creditors has been or is about to be made, he
(a) conveys, transfers, removes, conceals, destroys, encumbers or
otherwise disposes of any part of or any interest in the debtor's
estate; or
(b) obtains any substantial part of or interest in the debtor's
estate; or
(c) presents to any creditor or to the administrator any writing or
record relating to the debtor's estate knowing the same to contain a
false material statement; or
(d) misrepresents or fails or refuses to disclose to the administrator
the existence, amount or location of any part of or any interest in the
debtor's estate, or any other information which he is legally required
to furnish to such administrator.
Fraud in insolvency is a class A misdemeanor.
Official sources
Legal terms used in this section
Questions this section answers
What class of misdemeanor is fraud in insolvency in New York?
Fraud in insolvency is a Class A Misdemeanor in New York under N.Y. Penal Law § 185.00.
Which New York statute covers fraud in insolvency?
Fraud in insolvency is governed by N.Y. Penal Law § 185.00 (Fraud in insolvency).
This reference is informational and is not legal advice.