DC Check Fraud Lawyer

Check fraud occurs when an individual writes a check for the purchase of goods or services knowing that the account is fraudulent, non-existent, or does not have sufficient funds to cover the amount on the check. The intent to defraud is assumed when an individual makes no effort to pay for the goods or services within five days once they are notified that the check was bad.

In other words, in a situation where an individual draws on an account with insufficient funds, is notified of that and takes no action to correct it, the law allows the government and the courts to infer that there was intent to defraud. For further clarification in your particular case, speak with a DC check fraud attorney who understands the complexity and implications of these charges. An experienced fraud attorney in DC can look at the specific facts regarding what you are being accused of and help you mitigate the damage as much as possible.

Common Crimes Associated With Check Fraud

Oftentimes, check fraud involves charges of identity theft. When it is alleged that a person took the physical checks or the account information unlawfully from someone else, and put it to their own use, they could also be charged with identify theft.

There could also be charges of conspiracy when more than one person is involved and there was a scheme that involved multiple people. This is becoming more common these days. If an individual stole blank checks to use as their own, there could be actual theft charges.

Depending upon the specific facts of the case, there could be other charges brought by the prosecution as well.

Can You Be Charged For Check Fraud For Having a Check Bounce?

An individual can be charged with check fraud when they write a check for the purchase of goods or services knowing that they do not have sufficient funds in their account to cover the cost; or, once alerted to the fact that they have insufficient funds, they do not immediately take steps to correct that.

Check fraud also occurs when an individual writes a check knowing that they intend to issue a stop payment on the check before the check clears or write a check knowing that payment will be refused.

In other words, when an individual knows their account is not going to cover the check or they are going to take action to stop their account from covering it, the person could be charged with check fraud.

Penalties

Specific to check fraud, when the value of the check is more than $100, it could be a felony with a potential fine of up to $3,000 and one to three years imprisonment. If the check is a small amount of less than $100, it can be a misdemeanor with a potential penalty of up to a $1,000 fine or 180 days in jail. In either instance, a check fraud lawyer in DC must be contacted as there could also be more serious penalties associated with other charges that may be brought depending upon the particular facts of the case.

Check Fraud Investigations

Usually an individual does not know they are being investigated or targeted by law enforcement for check fraud until they are contacted by the police.

When the police have the suspect come in for a non-custodial interview, the officers have already done a thorough investigation including gathering records, statements from witnesses, and any kind of audio or video recordings. The interview is likely the last step where law enforcement are trying to obtain a confession or gather facts to corroborate the evidence they’ve already gathered.

In certain circumstances, an individual may become aware that law enforcement is investigating them. For example, their bank account was frozen or law enforcement officers spoke with their co-workers, friends or family.

Very often, law enforcement use subpoenas to get copies of all the records directly from the bank, obtain copies of any video, and talk to witnesses before contacting the suspect. It may be that most of the investigation is done, but if an individual is contacted by DC law enforcement, they should immediately contact a DC check fraud attorney.

Who Investigates These Offenses?

At the local level, the Metropolitan Police Department has a financial and cyber-crimes unit, which investigates financial crimes and certain fraud cases. If the matter is extensive and goes beyond state lines, it may be investigated by the Federal authorities; most often that would be the FBI.

Contacting a DC Check Fraud Attorney

When an individual is concerned that they may be charged with check fraud, they should contact a DC check fraud lawyer immediately to be advised of their rights and discuss their options.

A check fraud lawyer, familiar with the law that governs the person’s case, can achieve the best possible outcome by raising effective defenses and ensuring that no wrong steps are taken as the case progresses. The attorney conducts an investigation to combat the government’s evidence and presents evidence in defense of the charges. To learn more or discuss your case, call and schedule a consultation today.