Have you ever found yourself, at the grocery store, two days before payday writing a check you know is probably going to bounce so that you can eat? Well, it happens but unfortunately that is check fraud because you knew the check was going to bounce. There are different types of check fraud, the most common types of fraud are check hiking or writing rubber checks. But check fraud is also when you knowingly take a check from somebody else’s checkbook forge the signature and attempt to steal money from their bank account. With a rise in check fraud, I stopped using/accepting checks in the 1990s. After the Dot-com bubble burst, and the housing market crashed, white collar crime, such as writing bad checks seemed to be on the rise. Many people were desperate, and desperate times call for desperate measures.
If you find yourself caught up in check fraud, you need to know that the ramifications of your crime though alleged can be severe especially if the check fraud is enough to charge you with a federal offense.
The legal charges for check fraud vary from state to state but they can be a misdemeanor or a federal offense depending upon how much money was stolen, and how the theft occurred.
When is check fraud a misdemeanor?
Misdemeanors include passing fake checks such as the one you wrote for the groceries you needed but knew the check would bounce, or stealing small sums of money below a certain amount of dollars as set down in local or state laws..
When is check fraud a felony?
Check fraud is considered a felony when you write checks for thousands if not millions of dollars. Moreover, if you work in a bank and you steal a check, it is a federal offence. It is seen as an abuse of power and mistrust. Also, if you pass a large amount of bad checks over a short period, then the check fraud may be considered as a felony.
What charges will I face?
Again, this comes back to whether or not the charges are a misdemeanor or a felony. In the extreme (and you are charged with a felony) you could be fined up to $1000000 or receive a prison sentence of 30 years or more.
What defense can I use if I am caught committing check fraud?
There are several avenues for your defense in a check fraud case. One of the most ironclad defenses is that of ignorance that the check would bounce. You as the issuer were sure there would be enough funds in the account but the checks still bounced. In this instance you may have your lawyer suggest that you have the money to pay to cover the bounced check and the matter may be settled with payment due and charges being dropped. But, this would only be in the instance of one or possibly two bad checks. Anything beyond that figure would constitute a felony. Other deference include intoxication when writing the check or mental incapacity or if you were suffering from undue stress or another mental health issue that diminished your capacity to manage your financial affairs.
What if I received a bad check and cashed it?
Anyone can be the victim of receiving a bad check. your cashing of a bad check is not against the law he will face no criminal charges whatsoever but you may incur a fee from your bank for depositing a bad check or attempting to cash it. If you fall victim to a bad check, report it to the authorities immediately. You will not go to jail for someone else’s crime. In fact you may even be owed damages by the fraudster in question.
Check fraud is a complicated matter and it is not always intentional. However if you find yourself in a position where you have been accused of check fraud then look to Douglas Healy for help. Douglas Healy has been practicing law for nearly 20 years and is a defense attorney. Doug has a wealth of knowledge and is abreast of all banking laws both local and Federal. With Doug on your side, you can rest easy knowing that you will have the best possible outcome when faced with check fraud charges
