Monday, July 30, 2012

241 - The Business Definition of Profiteering and a Class A Misdemeanor

Definition

Disproportionately large or grossly unfair profit, generated often through manipulation of prices, abuse of dominant position, or by exploiting a bad or unusual situation such as temporary scarcity. There is usually no governmentalcontrol over profiteering unless it involves illegal means.


Read more: http://www.businessdictionary.com/definition/profiteering.html#ixzz22A9kjSWU

A public servant is guilty of profiteering when, in contemplation of official action by the public servant or by a governmental entity with which the public servant is associated, or in reliance on information to which the public servant has access in an official capacity and which has not been made public:
(1) The public servant acquires a pecuniary interest in any property, transaction or enterprise which may be affected by the official action or information; or
(2) The public servant speculates or wagers on the basis of the official action or information; or
(3) The public servant aids another person to do any of the foregoing acts, intending to gain thereby a personal benefit.
Profiteering is a class A misdemeanor.
11 Del. C. 1953, § 1212; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;

UPDATE - Thanks for the tip TC on the sentence for misdemeanors!

§ 4206. Sentence for misdemeanors.

(a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate.

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