32-10-403. Appropriation of licensee's property -- omissions -- false statements -- withholding documents. (1) A person who is an officer, director, partner, trustee, independent contractor, or employee of a licensee, a licensee's holding company, or a licensee's affiliates violates the provisions of this chapter if the person:
     (a) knowingly receives or appropriates any of the licensee's property other than in payment of a just demand;
     (b) with intent to defraud, causes or concurs in an omission being made in the licensee's books and accounts; or
     (c) (i) knowingly makes or concurs in the making or publishing of any false entry of a material fact in the licensee's books or records or in any written report, exhibit, or statement of the licensee's affairs or pecuniary condition; or
     (ii) having the custody of the licensee's books, willfully refuses or neglects to make any proper entry in the books as required by law or refuses to allow the books to be inspected by the department or the department's designees.
     (2) An officer, director, partner, trustee, independent contractor, or employee of a licensee, its holding company, or its affiliates violates the provisions of this chapter upon:
     (a) making a false entry of material fact in any book, record, or other document of the licensee's business or in connection with any condition, affair, or transaction of the licensee's business with the intent to deceive any authorized public officer, any officer, director, partner, trustee, independent contractor, or employee of the licensee, or any agent, investigator, or examiner employed or lawfully appointed to examine any condition, affair, or transaction of the licensee's business;
     (b) failing to make an entry of a material fact in any book, account, record, or other document of the licensee's business pertaining to any condition, affair, or transactions of the licensee; or
     (c) making unavailable any book, account, record, or document of the licensee that is required to be made, written, or kept and that is subject to disclosure to the public, the department, or any state or federal agency.

     History: En. Sec. 18, Ch. 369, L. 2007.