Fraud by Check Attorney in Denver, Colorado
Fraud by Check is committed when a person presents a bank check knowing there is no money to cover the amount on the check and there is no attempt or intent to cover the amount due in the account at the time the check was issued. This includes any negotiable withdrawal from a person’s account or an account that has been closed for over 30 days or presents a fictitious name or business.
Philip M. Smith • Check Fraud Attorney • Denver, Colorado
Free Consultations • Call (303) 333-8900 • Email
NSF, non sufficient funds or insufficient funds means there is no money in the account to cover a check presented for payment of services or merchandise. We all have had a time where we failed to pay close attention to the deposits and withdrawals in our checking accounts. But, when a person intentionally issues a check or uses a check debit card for payment of services, wages, salary, commissions, labor, rent, property or anything of value, knowing there is no money to cover the check or debit, it becomes a criminal charge of fraud by check.
Fraud by Check Example: A woman pays the phone company with a personal or business check for past service. She pays that bill knowing she cannot cover the check and has no means to make good on the check. She faces criminal charges and restitution including bank charges.
Fraud by Check Example: A small mom and pop construction company makes payroll on a Friday hoping to buy time knowing there is no money in the account to cover payroll or any other debt. These are good people who have fallen on hard times because of the economy. There is no malice but they cannot make good on their debts. Because of the amount per person per debt, this mom and pop company is facing Fraud by Check with significant penalties based on the amount owed and their intent.
Postdated checks imply notice of insufficient funds. A postdated check implies notice to the payee that the maker does not presently have sufficient funds on deposit to pay the check, but the person intends to pay the debt. Unless this person fails to make good on this check on this date, they can be charged with Fraud by Check and possibly other criminal charges.
Another Fraud by Check charge may involve forging another person’s signature on a check or by changing the writing on the check, counterfeiting or recreating a check. Embezzlement, check kiting schemes or forgery, are familiar terms for check fraud but are not specific criminal charges and a defendant may face criminal charges not only for bank fraud but other criminal charges of theft.
Any person who opens a checking account, negotiable order of withdrawal account, or share draft account using false identification or an assumed name for the purpose of issuing fraudulent checks commits a number of crimes in the course of defrauding the bank. Check fraud is one of the fastest growing crimes in our culture right now. It affects anyone and everyone.
Especially during these trying times, the temptation to meet the needs of our children and ourselves may cause a person to do something out of character. Whether is it pocketing a bag of chips from the gas station or an expensive scarf from a department store, not having the money to pay for items taken or writing a bad check for services or merchandise is a crime. Facing criminal an arrest for forgery or fraud is a life changing event with serious criminal charges, conviction and prison, possibly deportation for non-citizens.
How I Can Help YOU
The humiliation, embarrassment and fear of being accused of fraud by check is understandable. You can be assured you will be not be judged but treated with the utmost courtesy and confidentiality as a client in my law firm. Financial institutions cannot be held liable for releasing your bank account information to law enforcement, prosecutors or their investigators in their effort to investigate and prosecute you. If you have been contacted by law enforcement, DO NOT talk, call me first. I will be able to run interference with police officers for you.
Philip M. Smith has over 35 years of legal experience
as a private criminal defense attorney,
a former judge and district attorney,
practicing in all areas of criminal defense.
Your criminal history or lack of a criminal history is often the deciding factor for effective resolution of a municipal ordinance violation, county or district court charge of fraud. As an experienced criminal defense attorney, I work to diminish prior offenses or call attention to a good record to ensure that my client receives the most favorable disposition possible.
When under stress, at times of crises, and in desperate situations with today’s economy, people do things that are out of character. Getting the prosecutor to understand this will assist in negotiating a satisfactory outcome. If necessary I will have my investigator or forensic computer expert review the critical elements of your charges. I know what it is necessary to challenge evidence against my client and how to obtain a more favorable result. Not all cases should go to trial. If the facts and evidence support going to trial, I am prepared to do so and provide the best representation possible.
I will use private investigators and forensic experts to examine paper trails and electronic transactions to support your criminal charge. The first things I will evaluate and consider in your defense of check fraud are:
- Did you write, cash, or deliver a bad check,
- Were services, merchandise received by you,
- Were funds available at the time the check was written,
- Did you write the check with the intent to commit fraud,
- Did you have knowledge of the check transactions,
- Was a dependable automatic deposit to your checking account delayed by no fault of your own causing the fraud by check.
I will work in your behalf to get the best resolution to your case by working to have the charges dismissed, obtain a Deferred Judgment or Diversion. Upon successful competition of a deferred judgment or the Diversion program, your criminal case is eligible for Sealing. I can handle the sealing procedures for you at that time.
Consequences of a Check Fraud Charge
The charges and sentencing associated with Check Fraud are complicated and often include other criminal charges. Possible charges are:
- A Class 2 Misdemeanor if the fraudulent check was for the sum of less than five hundred dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling less than five hundred dollars in the aggregate;
- A Class 1 Misdemeanor if the fraudulent check was for the sum of five hundred dollars or more but less than one thousand dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling five hundred dollars or more but less than one thousand dollars in the aggregate;
- A Class 6 Felony if the fraudulent check was for the sum of $500 or more, or if the offender is convicted of fraud by check involving the issuance of two or more checks within any 60 day period totaling $500 or more, or if the offender has been twice previously convicted under this section.
- A Class 6 Felony if the fraudulent check was for the sum of one thousand dollars or more, or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling one thousand dollars or more in the aggregate, or if the offender has been twice previously convicted under this section or a former statute of this state of similar content and purport;
- A Class 6 Felony if the fraudulent check was drawn on an account which did not exist or which has been closed for a period of thirty days or more prior to the issuance of said check.
Questions?
Call my office today for a free confidential consultation
Denver Colorado Attorney Philip M. Smith
Consequences of a Theft or Property Theft Conviction
Theft and fraud by check convictions cannot be sealed. An arrest, charge and conviction will be available to law enforcement, military, government agencies and the public. Landlords and employers will not risk their property or the property of their tenants and employees by renting or hiring a person who they see as a threat because of your charge or conviction. It is important to fully explore the facts and law before pleading guilty to theft charge or going to trial on such a serious charge. I want to help you get the best resolution to your case by working to have the charges dismissed, obtain a deferred judgment or possibly Diversion.
Contact My Law Office
If you need a criminal defense lawyer for your Colorado Fraud by Check criminal charge, or if you have questions about criminal charges, I encourage you to contact me, Philip M. Smith, Denver Criminal Defense Lawyer, 303-333-8900 today for a free and confidential initial consultation.
