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What are the Legal Repercussions of Check Fraud?

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According to the Federal Bureau of Investigation, white collar crime “is a term that generally refers to nonviolent crimes committed by business and government professionals.” These crimes are typically motivated by financial gain, and can include embezzlement, fraud, money laundering, and bribery. In the United States, white collar crime costs businesses and taxpayers billions of dollars each year. While white collar crime is often thought of as victimless, the reality is that it can have devastating consequences for both individuals and businesses. Victims of white collar crime can suffer financial ruin, and the loss of their reputation and livelihood. Businesses can be forced to close their doors, and innocent employees can lose their jobs.

One of the most prevalent types of white collar offenses committed in the United States is check fraud. Check fraud is a type of fraud that occurs when someone uses a counterfeit, altered, or otherwise unauthorized check to pay for goods or services. Check fraud can also occur when someone writes a check without having sufficient funds in their account to cover the amount of the check, which is known as “bouncing” a check.

If you believe you are someone you love is guilty of writing, cashing, or receiving fraudulent checks, it is important to educate yourself on how the law penalizes those accused and convicted. Continue below to learn some helpful facts about check fraud, including the common legal repercussions that come along with the crime itself.

Check Fraud Lawyers Indianapolis Indiana 317-636-7514
Check Fraud Lawyers Indianapolis Indiana 317-636-7514

Facts About Check Fraud

Check fraud is a type of financial crime that involves the use of fraudulent checks to illegally obtain funds from a bank or other financial institution. Check fraud can be perpetrated in a number of ways, including using stolen checks, forging signatures, altering check amounts, and using counterfeit checks. check fraud is a serious problem for both businesses and individuals, as it can lead to significant financial losses.

Penalties for Check Fraud

Check fraud is a serious crime that can result in significant fines and even jail time. The lowest level of check fraud is a Class A misdemeanor, which can lead to imprisonment for up to 1 year and a fine of $5,000. If the amount on the check was between $750 and $50,000 however, you will instead be charged with a Level 6 felony. The potential sentence for this is 6 months to 2.5 years in jail as well as up to a $10,000 fine.

If you have been charged with check fraud, it is important to consult with an experienced Indiana criminal defense attorney who can help you understand the fraud charges against you and mount a strong defense.

How to Prevent Check Fraud

There are a number of ways to prevent check fraud, including using security features on checks, such as watermarks and microprinting, and keeping track of checks to ensure that they are not stolen or altered. businesses can also institute policies to verify the identity of individuals who attempt to cash checks, and to require that checks be signed in the presence of a company representative. individuals can take steps to protect themselves from check fraud by keeping track of their checks and being aware of the signs of fraudulent activity.

Check fraud is a serious problem that can lead to significant financial losses. There are a number of ways to prevent check fraud, including using security features on checks and keeping track of checks to ensure that they are not stolen or altered. businesses can also institute policies to verify the identity of individuals who attempt to cash checks, and to require that checks be signed in the presence of a company representative. individuals can take steps to protect themselves from check fraud by keeping track of their checks and being aware of the signs of fraudulent activity.

To learn everything that you need to know about your current check fraud or bank fraud charges and how they might affect your future, contact an experienced criminal defense law firm in Indianapolis. Call the Law Office of David E. Lewis at 317-636-7514 to speak with an aggressive and experienced white collar crime charge lawyer in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

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Will I Go to Jail for Writing a Bad Check?

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When someone uses a checking account to pay for something, but they have insufficient funds in the account they are paying with, it is referred to as writing a bad check, or bouncing a check. But under state and federal law, it is called check fraud. There are various reasons why a person might write a bad check, both knowingly and unknowingly. In tough times, someone might write a bad check for something they know it won’t cover because it’s simply their only option to get by. Others might accidentally write a bad check due to innocent accounting errors.

Regardless of why a person writes a bad check, penalties can be at play if restitution is never made. Such penalties can include arrest, criminal charges, fines, probation, reimbursement, community service, and perhaps even jail.

Continue reading to learn more about check fraud laws in Indiana, and what you need to do to ensure your rights are protected following an arrest.

Indianapolis Check Fraud Lawyer 317-636-7514
Indianapolis Check Fraud Lawyer 317-636-7514

Writing a Bad Check

If you write a bad check, the penalties you face will depend on the circumstances of the incident. For instance, if you write a bad check for your car payment, your leaser will contact you and ask for an alternative form of payment. If you cannot make that payment, your car might be repossessed until you can. The more time you take to satisfy this payment, the more fees will add up. If you never make the car payment, the company can sue you in civil court for recompense. Furthermore, you would be flagged as a high-risk leasee, and will have trouble leasing other cars in the future.

This same scenario is likely to apply to all retailers, vendors, and municipal companies. In most cases, the party being paid will just contact you and ask for a new payment; and if you neglect to satisfy the debt, you can face being sued by them in civil court. In some states, the law permits plaintiffs to sue for up to three times the amount of the original check.

In cases that a person crosses the line into a more serious type of fraudulent bank activity, the situation can turn into a criminal matter. In fact, such cases can render both civil and criminal repercussions.

Check Fraud

Check fraud, also referred to as debit card fraud or bank fraud, is a different type of illegal check-writing activity. Under Indiana law, it is considered an act of check fraud when a person intentionally defrauds or deceives another party by writing a check knowing there aren’t sufficient funds to cover the amount on the check, and as a result, that the check is rejected when presented to the bank.

Fraud crimes are charged as either misdemeanors or Level 6 felonies, depending on the particulars of a person’s case. In Indiana, bank fraud is generally charged as a Level 6 Felony, which comes with 6 months to two and half years in jail, up to $10,000 in fines, and several court orders, such as restitution, community service and probation.

In order for a bank fraud charge to turn into a conviction, two facts must be proven beyond a reasonable doubt:

☛ The defendant knowingly carried out a scheme to defraud a bank or other financial institution

☛ The defendant knowingly carried out a scheme to gain financial assets in the possession of a bank or other financial institution.

Are You Facing Fraud Charges in Indiana?

Call David E. Lewis, Attorney at Law at 317-636-7514 for to speak with a seasoned Indianapolis criminal defense lawyer about your bank fraud charges in Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

Indianapolis Criminal Defense 317-636-7514
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