In the state of New York, check fraud is closely associated with credit card fraud but it has its own qualities. In most cases, check fraud is done in a business setting. There are several instances of a employee writing a check from their employer to themselves, or they can also falsify records to steal money. This is serious business. Check fraud is a Class E felony punishable by fines and jail time.
Under certain New York state penal codes, there is also what are known as forged instrument crimes. This happens when a person either alters or completely fabricates a check of someone else’s for the purpose to defraud. This crime is a Class D felony.
Individuals can also create a fraudulent check and deposit into a bank account. This is usually a phony business check from a company that doesn’t exist or a real company and a check that is bogus. This happens when a person puts money into a bank account then get it back. In this case, the individual will also be charged with grand larceny. This crime is a Class D felony, but if the check if a federal government check, it changes to Class C felony.
Check fraud is a very serious crime. Prosecutors usually throw the book at individuals who commit these type of offenses. If you find yourself accused of check fraud, you should contact an attorney as soon as possible.
Check fraud in the state of New York has no specific statute. Just by possessing a fraudulent check, you have automatically committed a felony. Again, check fraud is similar with credit card fraud to the extent that merely being in possession is a against the law.
Other instances of fraud include obtaining false instruments like ID, passports, credit cards, wills, deeds and contracts. If these items are determined to be altered in any way, the person in possession will be charged with intent to defraud, a Class D felony. In the state of New York, any type of check fraud, including fake checks, falsified checks and being in possession of a check is a felony.
Once the a person is charged, a defense attorney will need to know each element of the charge:
If you are involved in a check fraud scheme, it is important that you receive the possible defense. Depending on the extent of the fraud, an individual can receive anywhere from 2 years up to twenty-five years in prison, fines and restitution.
Check fraud is very tempting, especially for individuals who work with a large company with many moving parts. Sometimes the fraud can be covered up for many years before it is discovered. Often times, people think they are skilled enough to cover fraudulent checks. This is rarely the case. There are a number of things that can trigger flags.
If you find yourself charged with check fraud, you need to find an attorney with a solid record, who knows how to handle such crimes. Your attorney will need ample time to organize a proper defense. Call an attorney today and let them get the ball rolling.