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Financial Crimes and Fraud Offenses involving fraudulent financial transactions, embezzlement, forgery, insurance fraud, and misuse of checks and credit cards.

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  #1  
Old 02-22-2008, 11:23 AM
flacafranco flacafranco is offline
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Default Check Fraud Penalty
A family member has written 7 checks for a total of $1300.00 from another family member's checkbook. What is the penalty, in the state of Texas, for such an offense.

All checks were cashed.

Thank You
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Old 02-23-2008, 08:01 PM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Check Fraud Penalty
The penalty depends upon many things including the conviction offense(s) and the offender's prior record. The offender should consult a criminal defense lawyer.
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Old 02-24-2008, 04:36 PM
usedbranflakes usedbranflakes is offline
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Default Re: Check Fraud Penalty
Generally this is a FELONY if they did not have signature rights on the account. ...and it's a FELONY for EACH check. It may also result in a FELONY for "Grand Larceny" or "Grand Teft" for the total amount or one each if any of the checks were over the grand larceny amount for the State of TX.

I saw a case in Northern Virginia (State of VA vs. Gena Sanford) where she was charged with multiple counts of forgery. Gena Sandord was a Fairfax County School teacher and the charges were actually brought by the school system because her roommate, who is unnamed, filed the charges against her. Ms. Sanford had a small drug problem and was purchasing anti-depressants off the Internet. She, as stated to the court system and her "victim" (that would be the roommate), was using these drugs due to an assault on her person. Why she didn't see a shrink, we don't know.

Anyhoo, the roommate, a good friend for many years, felt sorry for Ms. Sanford. She agreed that if Ms. Sanford recieved treatment and paid restitution to her and some other guy that Ms. Sanford wronged by bouncing a rent check, the charges could be dropped to a single misdemeanor uttering and her teaching priveleges could be restored.

Gena had a miracle-worker of an attorney. ...and she had a good friend that supported her.

Cheers,

UBF
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Old 02-25-2008, 04:34 PM
flacafranco flacafranco is offline
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Default Re: Check Fraud Penalty
Thanks for the responses - it doesn't sound good at all then.
The person does not have any prior offenses and is a full time student with good grades. I'll advise they get a good lawyer.
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