NRS 205.520 -Overview of the Law Prohibiting the Issuance of Documents of Title for Goods Not Received
According to NRS 205.520, a bailee, or any officer, servant or agent of a bailee who aids in issuing or issues a document of title, knowing that the goods that are covered by the document of title were not received by him or her, or are not under his or her control at the time the document was issued, will be punished.
Subsection 1 states if the value of the goods supposedly covered by the document of title is worth $650 or more, this is a category D felony in Nevada. The punishment is imprisonment in the state prison for at least one year and up to four years. The court also can impose a fine of up to $5000.
Subsection 2 states if the value is less than $650, it is a misdemeanor.
More information about Documents of Title
A document of title is a very important document in that it confers or proves ownership of a piece of property, which is why it is common for the crime of issue of document of title for goods not received to occur.
For the document to be a document of title, it must purport to be issued by or addressed to the bailee and cover goods that are in the possession of the bailee.
A document of title proves the person that has the document is approved to receive, hold and dispose of the document and the goods that are mentioned in the document. Document of title obtains existence legally when it is first created and transferred to a person that is authorized to have the document. Usually, the document of title represents goods that are being stored or transported.
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A document of title can be negotiated by the terms the goods are supposed to be delivered to the bearer, or to the order of the person named in the document. The document of title is non-negotiable at issue. The Uniform Commercial Code, or UCC, lists all documents of title that are negotiable. All documents not mentioned in the UCC as negotiable cannot be negotiated. The holder of the negotiated document of title has these rights:
- Title to the document
- Title to goods mentioned in the document
- All rights that are accrued under the law of agency
- Obligation of the issuer of the document of title to deliver the products stated in the document
When a person negotiates or delivers a document of title, the transferor is warranting to the purchaser that:
- The document of title is genuine. The transferor has no knowledge of any facts that would damage the validity or worth of the document
- The negotiation or delivery of the document of title is effective and rightful regarding the title to the document and the goods it lists.
If a document of title is lost, stolen or destroyed, the court could order delivery of the goods or products, or issue another document. The bailee is liable for conversion when he delivers goods to the person making a claim under a missing document that lacks a court order.
Have You Been Charged with an Alleged Violation of NRS 205.520? Contact A Las Vegas Defense Attorney Now
If you were charged with a crime of issue of document of title for goods not received, it is important to retain a skilled criminal defense attorney in Las Vegas to help you avoid serious criminal penalties. Contact our office today for a free, confidential consultation.
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