New York City Check Fraud Lawyer
There are many types of check fraud including bank check fraud, check depositing scams, check kiting fraud and more – all of which can result in paying hefty fines, serving time in prison, and having a criminal record.
If you have been charged with check fraud in New York City, contact an experienced New York City check fraud lawyer to review the charges against you. Let an adept fraud defense attorney determine what legal defenses may be available to you.
Check Fraud Schemes
New York recognizes many types of check fraud schemes, including:
- Bank check fraud: This involves writing or ordering checks from a closed bank account
- Cashiers’ check fraud: This involves using a cashiers’ check to pay for goods, writing out a worthless check for more, then returning the item and collecting the excess
- Check cashing fraud: This involves people who cash checks they know were obtained by identity theft or are simply not valid
- Check deposit scams: This involves asking someone to deposit a check, providing cash, and then taking a commission
- Check kiting fraud: This involves floating money from one account by writing checks and creating fraudulent balances
- Check washing: This involves erasing certain information from a check
- Electronic check fraud. This involves creating fake checks from information stolen electronically. It can also result in facing wire fraud and computer crimes
- Fake check fraud: This involves creating documents which look like checks, but are not
- Payroll check scam: This involves creating or cashing fake payroll checks
- Payday loan check fraud: Although technically illegal in New York, this involves debtors writing post-dated checks or committing to pay money from a bank account despite having insufficient funds in the account at the time
A skilled New York City check fraud lawyer can work tirelessly to defend individuals against any of the check fraud charges that they face.
Legal Definition of Check Fraud
While there are numerous types of check fraud, many will fall under NY Penal Law § 190.05, which states that a person is guilty of issuing a bad check when they are the principal on the account and know they do not have sufficient funds to cover the check, they intend or believe that the payment may be refused by the drawee, or the payment is refused by the drawee.
In essence, that means someone can be guilty of the crime when they write a check they know will be refused or be drawn against an account they know has insufficient funds (commonly referred to as NSF – or non-sufficient funds).
Potential Check Fraud Penalties
Check fraud is generally considered a Class B misdemeanor which can result in serving up to three months in jail and paying up to $500 in fines.
However, penalties for crimes involving checks and check fraud in New York can vary based on whether it is a federal or state offense, the amount of money at issue, and a person’s criminal history.
In fact, many of the check fraud offenses listed above may also involve forgery, conspiracy, embezzlement, and other crimes. A skilled New York check fraud lawyer can attempt to mitigate the penalties that an individual may face.
Speaking With a New York City Check Fraud Attorney
If you have been charged with New York check fraud, do not try and fight those charges alone. Instead, contact an experienced New York check fraud lawyer to review the charges against you and determine what legal defenses may be available to you.
New York check fraud charges can quickly morph into more serious crimes which carry significant penalties. Make sure you have experienced counsel on your side to fight for your rights.