If a person has a stolen credit card, that is automatically a crime. This is in a similar manner to the illegal possession of a credit card. By merely possessing a stolen check, an individual is committing a crime. There is no specific check fraud statute or crime in New York State. No matter the crime, an individual should consult with a New York check fraud lawyer to effectively defend the case. If it is a treasury check, it is a Class C felony as opposed to a D felony because it involves the US government. In that case, that person is committing a grand larceny in addition to a forged instrument crime. This usually occurs when an individual puts money into a bank account or a money cashing service, and then getting that money back. This could be from a fake business check from a company that does not exist, or a fake business check from a company that exists. Lastly, an individual could have a completely fake check and deposit that check in a bank account. This occurs when an individual is taking a check that they do not have the permission to have, or is altering the check in some way to defraud another person and benefit themselves or a third party. These include fake checks that may be either completely fabricated or merely altered in a slight way. There are also forged instrument crimes, which are Class D felonies. To determine the elements of the crime, it is best to contact a check fraud attorney in New York City. For example, a person may be writing checks from their employer to themselves, or they may be falsifying business records. Instances of Check FraudĬheck fraud often occurs in the context of a business setting. A check fraud lawyer in New York City can evaluate the claim and assist in building an appropriate defense. If you are facing a charge of check fraud, it is imperative to consult with an experienced New York fraud attorney as soon as possible. However, this charge is not a felony, unlike possession of a stolen credit card, which qualifies as such. If a person steals someone’s check, for example, and they make it out to themselves, that classifies as both identity theft and larceny. In New York, check fraud is somewhat like credit card fraud, but also has its own unique qualities.
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