Chapter 943

943.83 History History: 2005 a. 212.

943.84 943.84 Transfer of encumbered property.

943.84(1) (1) Whoever, with intent to defraud, conveys real property which he or she knows is encumbered, without informing the grantee of the existence of the encumbrance may be penalized as provided in s. 943.91.

943.84(2) (2) Whoever, with intent to defraud, does any of the following may be penalized as provided in s. 943.91:

943.84(2)(a) (a) Conceals, removes or transfers any personal property in which he or she knows another has a security interest; or

943.84(2)(b) (b) In violation of the security agreement, fails or refuses to pay over to the secured party the proceeds from the sale of property subject to a security interest.

943.84(3) (3) It is prima facie evidence of an intent to defraud within the meaning of sub. (2) (a) if a person, with knowledge that the security interest exists, removes or sells the property without either the consent of the secured party or authorization by the security agreement and fails within 72 hours after service of written demand for the return of the property either to return it or, in the event that return is not possible, to make full disclosure to the secured party of all the information the person has concerning its disposition, location and possession.

943.84(4) (4) In this section “security interest” means an interest in property which secures payment or other performance of an obligation; “security agreement” means the agreement creating the security interest; “secured party” means the person designated in the security agreement as the person in whose favor there is a security interest or, in the case of an assignment of which the debtor has been notified, the assignee.

943.84(5) (5) In prosecutions for violation of sub. (2) arising out of transfers of livestock subject to a security agreement in violation of the terms of the security agreement, evidence that the debtor who transferred the livestock signed or endorsed any writing arising from the transaction, including a check or draft, which states that the transfer of the livestock is permitted by the secured party establishes a rebuttable presumption of intent to defraud.

943.84 History History: 1977 c. 173; 1979 c. 144; 1993 a. 486; 2001 a. 109; 2005 a. 212 s. 7m; Stats. 2005 s. 943.84.

943.84 Annotation It is not necessary that a security interest be perfected by filing to support a conviction under this section. State v. Tew, 54 Wis. 2d 361, 195 N.W.2d 615 (1972).

943.84 Annotation “Removal” under sub. (2) (a) refers to a permanent change in situs, not necessarily across state lines. A showing of diligence by the secured party in seeking the secured property is not required. Jameson v. State, 74 Wis. 2d 176, 246 N.W.2d 541 (1976).

943.84 Annotation Sub. (1) is not unconstitutionally vague. Liens were effective as encumbrances on the date work was performed or materials supplied. State v. Lunz, 86 Wis. 2d 695, 273 N.W.2d 767 (1979).

943.85 943.85 Bribery involving a financial institution.

943.85(1) (1) Whoever, with intent to defraud a financial institution, confers, offers, or agrees to confer a benefit on an employee, agent, or fiduciary of the financial institution without the consent of the financial institution and with intent to influence the employee’s, agent’s, or fiduciary’s conduct in relation to the affairs of the institution is guilty of a Class H felony.

943.85(2) (2) Any employee, agent, or fiduciary of a financial institution who without the consent of the financial institution and with intent to defraud the financial institution solicits, accepts, or agrees to accept any benefit from another person pursuant to an agreement that the employee, agent, or fiduciary will act in a certain manner in relation to the affairs of the financial institution is guilty of a Class H felony.

943.85 History History: 2005 a. 212.

943.86 943.86 Extortion against a financial institution. Whoever for the purpose of obtaining money, funds, credits, securities, assets, or property owned by or under the custody or control of a financial institution threatens to cause bodily harm to an owner, employee, or agent of a financial institution or to cause damage to property owned by or under the custody or control of the financial institution is guilty of a Class H felony.

943.86 History History: 2005 a. 212.

943.87 943.87 Robbery of a financial institution. Whoever by use of force or threat to use imminent force, or by creating circumstances that would cause a reasonable person to believe use of force was imminent, takes from an individual or in the presence of an individual money or property that is owned by or under the custody or control of a financial institution is guilty of Class C felony.

943.87 History History: 2005 a. 212; 2023 a. 133.

943.87 Annotation The state did not offer direct evidence of the bank’s charter, a required element of the crime of robbery of a financial institution. The law does not require either introduction of the charter itself or testimony from a witness with personal knowledge of the charter. Circumstantial evidence may suffice to prove an essential element of the crime charged. State v. Eady, 2016 WI App 12, 366 Wis. 2d 711, 875 N.W.2d 139, 15-0110.

943.88 943.88 Organizer of financial crimes. Whoever commits 3 or more financial crimes within an 18-month period is guilty of a Class E felony if all of the following conditions apply:

943.88(1) (1) Each of the crimes is committed in concert with a person whom the actor supervises, organizes, finances, or manages. The person need not be the same for each of the crimes.

943.88(2) (2) At least one of the crimes is committed on or after April 11, 2006.

943.88 History History: 2005 a. 212.

943.89 943.89 Mail fraud. Whoever does any of the following to further commission of a financial crime or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, furnish, or procure for an unlawful purpose any counterfeit currency, obligation, or security is guilty of a Class H felony:

943.89(1) (1) Deposits or causes any matter to be deposited in a United States post office or authorized depository for United States mail.

943.89(2) (2) Deposits or causes to be deposited any matter or thing to be sent or delivered by a commercial carrier.

943.89(3) (3) Takes or receives any matter or a thing sent or delivered by United States mail or by a commercial carrier.

943.89 History History: 2005 a. 212.

943.895 943.895 Money laundering.

943.895(1) (1) Definitions. In this section:

943.895(1)(a) (a) “Proceeds” means property or anything of value acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission.

943.895(1)(b) (b) “Transaction” has the meaning given in s. 946.79 (1) (f).

943.895(2) (2) Prohibited conduct.

943.895(2)(a) (a) Whoever does any of the following may be penalized as provided in sub. (3):

943.895(2)(a)1. 1. Knowingly receives or acquires proceeds that the person knows are derived from unlawful activity or conducts a transaction involving proceeds that the person knows are derived from unlawful activity.

943.895(2)(a)2. 2. Knowingly directs, plans, organizes, initiates, finances, manages, supervises, or facilitates the transportation or transfer of proceeds that the person knows are derived from unlawful activity.

943.895(2)(a)3. 3. Knowingly gives, sells, transfers, trades, invests, conceals, transports, or otherwise makes available proceeds that the person knows are intended to be used for the purpose of committing or furthering the commission of unlawful activity.

943.895(2)(a)4. 4. Knowingly conducts a transaction that involves proceeds that the person knows are derived from unlawful activity that is designed in whole or in part to do one of the following:

943.895(2)(a)4.a. a. Conceal or disguise the nature, location, source, ownership, or control of the proceeds obtained through unlawful activity.

943.895(2)(a)4.b. b. Avoid a transaction reporting requirement under federal law.

943.895(2)(b) (b) For the purposes of par. (a), knowledge that the proceeds are derived from unlawful activity does not require knowledge of the specific nature of the unlawful activity involved.

943.895(2)(c) (c) In any case involving more than one violation of par. (a), all such violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

943.895(3) (3) Penalties. A person who violates sub. (2) (a) is guilty of the following:

943.895(3)(a) (a) If the total value of the proceeds involved in the transaction does not exceed $2,500, a Class A misdemeanor.

943.895(3)(b) (b) If the total value of the proceeds involved in the transaction exceeds $2,500 but does not exceed $5,000, a Class I felony.

943.895(3)(c) (c) If the total value of the proceeds involved in the transaction exceeds $5,000 but does not exceed $10,000, a Class H felony.

943.895(3)(d) (d) If the total value of the proceeds involved in the transaction exceeds $10,000 but does not exceed $100,000, a Class G felony.

943.895(3)(e) (e) If the total value of the proceeds involved in the transaction exceeds $100,000, a Class F felony.

943.895(4) (4) Financial institutions. A financial institution that has complied with all applicable money laundering reporting requirements under federal law is not criminally liable under this section.

943.895 History History: 2019 a. 161.

943.90 943.90 Wire fraud against a financial institution. Whoever transmits or causes to be transmitted electrically, electromagnetically, or by light any signal, writing, image, sound, or data for the purpose of committing a financial crime is guilty of a Class H felony.

943.90 History History: 2005 a. 212.

943.91 943.91 Penalties. Whoever violates s. 943.81, 943.82 (1), 943.83, or 943.84 is guilty of the following:

943.91(1) (1) If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan does not exceed $500, a Class A misdemeanor.

943.91(2) (2) If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan does not exceed $500, and the person has previously been convicted of an misdemeanor or felony under s. 943.10, 943.12, 943.20 to 943.75, or 943.81 to 943.90, a Class I felony.

943.91(3) (3) If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan exceeds $500 but does not exceed $10,000, a Class H felony.

943.91(4) (4) If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan exceeds $10,000 but does not exceed $100,000, a Class G felony.

943.91(5) (5) If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan exceeds $100,000, a Class E felony.

943.91 History History: 2005 a. 212.

943.92 943.92 Increased penalty for multiple financial crimes. If a person is convicted of committing 3 or more financial crimes in an 18-month period, the term of imprisonment for the 3rd or subsequent crime in the 18-month period may be increased as follows:

943.92(1) (1) A maximum term of imprisonment of one year or less may be increased to not more than 2 years.

943.92(2) (2) A maximum term of imprisonment of more than one year but not more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 4 years if at least one of the prior convictions was for a felony.

943.92(3) (3) A maximum term of imprisonment of more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 6 years if at least one of the prior convictions was for a felony.

943.92 History History: 2005 a. 212.