Judges: WINSTON BRYANT, Attorney General
Filed Date: 7/31/1998
Status: Precedential
Modified Date: 7/5/2016
The Honorable Larry Cook Prosecuting Attorney 17th West Judicial District P.O. Box 423 Lonoke, Arkansas 72086
Dear Mr. Cook:
This is in response to your request for an opinion on the following question concerning the "Arkansas Hot Check Law:"
If a check is written on a corporation, business or other entity which is not a personal account of the signer of the check, can the person who signs the check be held criminally liable if the check is returned for insufficient funds or closed account?
It is my opinion that the answer to your question is generally "yes."
The issue you have raised is not directly addressed in the relevant Arkansas statutes. Section
Nonetheless, another provision in the Arkansas Criminal Code imposes criminal liability on agents acting on behalf of organizations. Section
(a) A person is criminally liable for any conduct constituting an offense that he performs or causes to be performed in the name of or in behalf of an organization to the same extent as if that conduct were performed in his own name or behalf.
It is therefore my opinion that the answer to your question is "yes," as a general matter, assuming all elements of proof can be met, including the requisite mental state required for the offense. This conclusion is consistent with what has been called the "general rule." See "Criminal Liability of Corporate Officer Who Issues Worthless Checks in Corporate Name," 68 A.L.R. 2d 1269 (1956), and cases cited therein. See also Cooperv. State,
The foregoing opinion, which I hereby approve, was prepared by Deputy Attorney General Elana C. Wills.
Sincerely,
WINSTON BRYANT Attorney General
WB:ECW/cyh