What are the Legal Repercussions of Check Fraud?

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 Be Arrested for Writing a Bad Check?

When a person writes a check and presents it to a bank or merchant, and does so knowing that their bank account cannot cover it, they are committing a crime called check fraud. Passing a bad check can be defended in court by claiming “you did not know” if the state cannot prove intent. This is because passing a bad check is sometimes unintentional, and rather, a result of poor or irresponsible banking practice. On the other hand, there are countless cases of intentional check fraud, ranging from petty to white collar.

What happens to a person who knowingly writes a bad check? Continue reading to find out.

Indiana Bank Fraud Lawyer
Indiana Bank Fraud Lawyer 317-636-7514

Intentional and Knowing

In order for a person to be convicted of check fraud, the state must prove that the defendant wrote and submitted the check knowing that there was not enough money in the account to cover the amount. This court standard is called “intentional and knowing”, and it is the primary element to every check fraud case. If a person is simply bad at balancing their check book, it is possible that they did not knowingly write a bad check.

In this case, the state could not prove intent, so the court could not convict the defendant of check crime. However, the defendant can still be held liable in civil court for any bad checks written. In civil court, they can be ordered to pay restitution to the merchant that received the bad check. Not paying back restitution could lead to more lawsuits and poor credit scores.

What to Do if You Write a Bad Check

If you accidentally write a bad check, you must resolve the situation immediately in order to show you are not trying to defraud anyone. This means paying back the bank for any overdrafts and associated fees, or paying back the merchant who cashed the check. In these cases, time is of the essence, so be sure to act fast. Even a phone call to notify the merchant can help avoid criminal charges from being filed.

Intentional Check Fraud

If you intentionally wrote a bad check, it is not likely that the police will come knocking at your door to arrest you. Instead, the state will issue an arrest warrant and you will need to surrender to the jail and then post bail. If you are worried about being arrested or caught, you need to speak with a licensed criminal defense lawyer right away. They can help you develop a plan that best protects your rights and prevents the maximum penalties for your charges.

Here in Indiana, bank fraud is generally charged as a Level 6 Felony. This is punishable by up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties.

How to Beat Your Indiana Bank Fraud Charges

Call David E. Lewis, Attorney at Law, at 317-636-7514 right away if you are facing criminal charges for bank fraud in Indiana. Our skilled criminal defense lawyers retain decades of trial and litigation experience in criminal law and will get to work the very same day you hire us. We will instantly begin investigating your case and building a powerful defense on your behalf. And if we must, we will take your case to trial if we have to, and challenge any evidence brought against you in an effort to obtain the most favorable resolution possible. Schedule a free consultation to discuss your legal options today.

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