Fake checks are checks that have been counterfeited to appear as though they are official checks, when in reality they are not. They may also refer to legitimate checks that have been altered in some way to reflect different information. Fake checks have often been used in order to perpetrate a scam or some sort of fraud. Using fake checks is illegal and can lead to severe legal punishments. Persons seeking to make purchases obtain bank account funds, or finance transactions often use fake checks. Businesses and organizations can also be found liable for check fraud. Check fraud is illegal and can also result in a civil action to cover losses.
There are many different types of ways that people use fake checks or commit check fraud. Some of the following examples include:
Fake checks and check fraud can cause serious losses for many different parties, including:
Knowingly using a fake check will usually result in misdemeanor charges (involving criminal fines and jail sentences). For fake checks that exceed a certain amount, felony charges may be brought.
Criminal charges may be avoided if the defendant was not aware that they were using a fake check, and if they weren’t intending to deceive any one. Also, penalties in sentencing for check fraud crimes are often dependent on the amount of money involved. For instance, writing a fake check for $200 will usually result in a misdemeanor charge, whereas a fake check for thousands of dollars may result in a felony. In many states, the dividing line between misdemeanor charges and felony charges is $500. Repeat offenses can also lead to greater legal penalties.
There are some defenses that can be used when one faces a charge of check fraud or the use of fake checks including:
Fake checks can cause many different problems and legal issues. You may wish to hire a lawyer to help prevent any legal issues from arising, and to obtain representation for legal claims. Also, fraud laws may vary by state, but a qualified criminal defense lawyer will be familiar with and knowledgeable of the laws in your area.
Last Modified: 11-01-2016 08:11 PM PDTLaw Library Disclaimer
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