Check fraud is writing a bad check or otherwise intentionally trying to issue payment that you know will not be cleared by the bank.
The main focus of a check fraud charge is on whether or not the fraud was committed with intent.
If it can be proven that you accidentally wrote a bad check with no intent to defraud someone, you may be found innocent.
However, trying to clear your name could be a long and expensive process.
Knowing the types of actions that are classified as check fraud could prevent you from making a costly mistake in the future.
Check Kiting There is a lag period between when a check is written and when the payment amount is removed from the payer's account.
This lag period is called the "float".
Check kiting is the act of writing a check when you know that you do not currently have the money to cover that check.
Sometimes individuals take part in check kiting with the expectation that by the time the check is cashed, there will be available funds in the account.
Someone who does this is not intentionally trying to commit fraud but may still be charged with fraud if the check bounces.
Embezzlement Embezzlement is intentionally trying to defraud someone out of money or goods.
An embezzler may write a bad check for a purchase, knowing the check will not clear, and will then attempt to get away with the goods before the merchant notices.
Alternatively, an embezzler may intentionally try to deposit a false check into a bank account.
During the float period, when the money is available in the account but the check has not been verified by the bank, the perpetrator will withdraw the money and then leave the account.
Facing Fraud Charges If you have been arrested for fraud, you are potentially facing severe penalties.
In the state of Florida, for example, check fraud for any amount above $150 is classified as a felony and is punishable by up to 5 years in prison.
Other states have similar felony classifications and penalties.
Consider contacting a criminal defense lawyer to help with your case.
A criminal defense attorney with expertise in check fraud will examine all the details of your case and look for any positive evidence that can be used to prove your innocence.
For assistance with preparing your legal defense, please see the website of West Palm Beach criminal defense attorneys Eric N.
Klein & Associates, P.
A.
here.