Article 387 Federal Criminal Code

The same penalties indicated in the preceding article shall be imposed:

I.- On anyone who obtains money, securities or any other thing by offering to take charge of the defense of a defendant or of a convicted person, or of the direction or sponsorship of a civil or administrative matter, if they do not carry out the former or do not perform the latter, whether because they do not legally take charge of it, or because they resign or abandon the business or the case without justified cause;

II.- On anyone who for consideration transfers some thing with knowledge that they have no right to dispose of it, or leases it, mortgages it, pledges it or encumbers it in any other way, if they have received the price, the rent, the amount in which they encumbered it, part of them or an equivalent profit;

III.- On anyone who obtains from another an amount of money or any other profit, granting or endorsing to them in their own name or that of another, a nominative document, to order or to bearer against a supposed person or one that the grantor knows will not pay them;

IV.- On anyone who has something served to them or accepts a service in any commercial establishment and does not pay the amount;

V.- On anyone who buys a movable thing offering to pay its price in cash and refuses after receiving it, to make the payment or return the thing, if the seller demands the former from them within fifteen days of having received the thing from the buyer;

VI.- On anyone who has sold a movable thing and received its price, if they do not deliver it within the fifteen days of the agreed term or do not return its amount in the same term, in the case that the latter is demanded of them.

VII.- On anyone who sells the same thing to two persons, whether movable or real property and receives the price of the first or of the second transfer, of both or part of it, or any other profit to the detriment of the first or the second buyer.

VIII.- On anyone who, availing themselves of the ignorance or the bad economic conditions of a person, obtains from the latter usurious advantages by means of contracts or agreements in which interest or profits higher than those usual in the market are stipulated.

IX.- On anyone who, in order to obtain an undue profit, puts into circulation tokens, cards, plates or other objects of any material as conventional signs in substitution of legal currency;

X.- On anyone who simulates a contract, an act or judicial writing, to the detriment of another or to obtain any undue benefit.

XI.- On anyone who by means of raffles, drawings, lotteries, promises of sale or by any other means, keeps in whole or in part the amounts received, without delivering the merchandise or object offered.

XII.- On the manufacturer, businessman, contractor or builder of any work, who uses in the construction of the same, materials in quantity or quality inferior to that agreed or labor inferior to that stipulated, provided that they have received the price or part of it;

XIII.- On the seller of construction materials or any kind, who having received the price of the same, does not deliver them in their entirety or in the agreed quality;

XIV.- On anyone who sells or transfers a business without authorization from its creditors, or without the new acquirer committing to answer for the credits, provided that the latter result unpaid. When the transfer is made by a legal person, those who authorize it and the leaders, administrators or agents who carry it out shall be criminally responsible;

XV.- On anyone who exploits the prejudices, the superstition or the ignorance of the people, by means of supposed evocation of spirits, divinations or healings.

XVI.- (Repealed).

XVII.- On anyone who, availing themselves of the ignorance or the bad economic conditions of an employee in their service, pays them amounts lower than those legally owed to them for the work they perform or makes them grant receipts or proof of payment of any kind that cover sums of money higher than those they actually deliver.

XVIII.- On anyone who, having received merchandise with a subsidy or franchise to give them a determined destination, diverts them from this destination or in any way distorts the purposes pursued with the subsidy or the franchise.

XIX.- On the intermediaries in transactions of transfer of ownership of real property or of real encumbrances on these, who obtain money, titles or securities for the amount of their price, as a payment on account of it or to constitute that encumbrance, if they do not allocate them, in whole or in part, to the object of the concerted transaction, through their disposal for their own benefit or that of another.

For the purposes of this crime, it shall be understood that an intermediary has not given its destination to, or has disposed, in whole or in part, of the money, titles or securities obtained for the amount of the price or as a payment on account of the real property that is the object of the transfer of ownership or of the real encumbrance, if they do not make a deposit in Nacional Financiera, S. A. or in any Deposit Institution, within the 30 days following its receipt in favor of its owner or possessor, unless they have delivered it, within that term, to the seller or to the debtor of the real encumbrance, or returned it to the buyer or to the creditor of the same encumbrance.

The same sanctions shall be imposed on the managers, directors, agents with powers of ownership or administration, and administrators of the legal persons who do not comply with or do not cause compliance with the obligation referred to in the preceding paragraph.

The deposit shall be delivered by Nacional Financiera, S. A. or the Deposit Institution in question, to its owner or to the buyer.

When the active subject of the crime returns to the interested parties the amounts of money obtained with their conduct, before conclusions are formulated in the respective proceeding, the penalty that shall be applied to them shall be that of three days to six months of imprisonment.

XX.- On the builders or sellers of condominium buildings who obtain money, titles or securities for the amount of their price or as a payment on account of it, if they do not allocate them, in whole or in part, to the object of the concerted transaction through their disposal for their own benefit or that of another.

Applicable to the provisions of this section is that determined in the second to fifth paragraphs of the preceding section.

XXI.- On anyone who draws a check against a bank account, which is rejected by the corresponding institution or national credit society, in the terms of the applicable legislation, for the drawer not having an account in the respective institution or society or for the latter lacking sufficient funds for payment. The certification relative to the nonexistence of the account or to the lack of sufficient funds for payment must be made exclusively by personnel specifically authorized for such purpose by the institution or national credit society in question.

No proceeding shall be brought against the agent when the drawing did not have as its purpose the unlawfully procuring of a thing or obtaining an undue profit.

The Institutions, national societies and Auxiliary Credit Organizations, the Bonding and the Insurance ones, as well as the Official and Decentralized agencies, legally authorized to operate with real property, are excepted from the obligation to constitute the deposit referred to in section XIX.