Check Fraud: When You Need a Lawyer’s Help
There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm to handle your check fraud case. Maybe you’ve been accused of writing bad checks, or perhaps you were the victim of someone else’s check fraud scheme. Either way, you need serious legal representation to protect your rights and interests.At Spodek Law Group, we understand how stressful and confusing these situations can be. Check fraud charges are no joke – they can carry hefty fines and even jail time if convicted. But we’re here to fight for you every step of the way. Our criminal defense attorneys have decades of combined experience taking on complex check fraud cases in both state and federal courts.We leave no stone unturned in building a strong defense strategy tailored to your unique circumstances. It’s simple: every single client deserves honesty and white glove service from start to finish. So let’s dive into the world of check fraud and how we can help.
What Exactly Is Check Fraud?
Check fraud encompasses a range of illegal activities involving checks, such as:
- Writing checks from a closed or non-existent bank account
- Forging signatures on checks
- Altering the payee or amount on a legitimate check
- Using stolen or counterfeit checks
Essentially, any act of deception involving a check with the intent to defraud can be considered check fraud. It’s a form of theft by taking money that isn’t rightfully yours.Now you might be thinking, “But I didn’t mean to commit fraud! It was just a mistake.” We get it – innocent errors do happen sometimes. But in the eyes of the law, intent doesn’t necessarily matter. Even accidental check fraud can still lead to criminal charges. That’s why having an experienced lawyer is crucial from the very start.
The Consequences Are Serious
Check fraud may seem relatively minor compared to other white collar crimes. But make no mistake – prosecutors take these cases extremely seriously, and the penalties can be quite severe:
- Fines: Ranging from hundreds to tens of thousands of dollars
- Restitution: Having to repay the full amount defrauded
- Probation: Supervised release for months or even years
- Jail/Prison Time: Misdemeanor cases can mean up to a year in jail, while felonies can result in several years behind bars
On top of that, a conviction creates a permanent criminal record that can make it extremely difficult to get hired, secure loans, find housing, and more. Your reputation and future prospects take a major hit.The bottom line? Even a “simple” bad check case has the potential to upend your life in major ways. Don’t try to navigate this legal minefield alone.
We Defend All Types of Check Fraud Cases
At Spodek Law Group, we’ve successfully represented clients across the full spectrum of check fraud charges, including:Forgery
- Signing someone else’s name on checks
- Using counterfeit checks or altering legitimate ones
Uttering a Forged Instrument
- Attempting to cash or deposit forged/altered checks
Theft by Deception
- Knowingly writing bad checks to obtain money/goods
Bank Fraud
- Defrauding banks through complex check schemes
Mail/Wire Fraud
- Using mail or electronic communications as part of the fraudulent scheme
Whether you’re facing misdemeanor or felony charges, our firm has the expertise to craft a strong defense strategy. We’ll pour through every shred of evidence, interview witnesses, and leverage any holes in the prosecution’s case.Sometimes the best approach is to have charges reduced or dismissed entirely. Other times, it makes more sense to negotiate for reduced sentencing or an alternative like probation. Every case is different, which is why we spend so much time analyzing the details and tailoring our approach.
Common Check Fraud Defenses
While the specific defense strategy depends on the circumstances, some common arguments we use include:
Lack of Intent
If it can be proven you made an honest mistake with no fraudulent intent, you may be able to beat the charges. Things like accounting errors, bouncing checks due to insufficient funds, or being misled about the legitimacy of checks can potentially negate the intent element.
Entrapment
In undercover sting operations, law enforcement must be careful not to induce or persuade someone into committing a crime they weren’t predisposed to. If they cross that line, it could constitute entrapment – a viable defense.
Duress/Coercion
If you were threatened or forced into participating in check fraud activities against your will, a duress defense may apply.
Mistaken Identity
In some cases, the evidence may simply point to the wrong person being accused. We’ll work to establish reasonable doubt about your alleged involvement.
Statute of Limitations
Check fraud cases generally must be charged within 3-5 years of the crime occurring. If the deadline has passed, we can get the charges dismissed.The key is analyzing all possible angles and putting forward the strongest, most strategic defense. Our attorneys have a deep understanding of check fraud laws and how to apply them to your advantage.
Don’t Let the Prosecution Bully You
One of the biggest mistakes people make is talking to investigators or prosecutors without a lawyer present. They think being cooperative will help, but it usually does more harm than good.Remember, law enforcement’s goal is to build a case against you – not look out for your best interests. They’ll use any statements you make, even seemingly harmless ones, against you down the line.Prosecutors also love to bully unrepresented defendants into pleading guilty or accepting bad deals. They know the legal process is confusing and intimidating, so they’ll exploit that.Don’t fall for it. Hire an experienced check fraud lawyer first. We’ll handle all communication and negotiations to ensure you don’t get railroaded. It’s our job to protect your rights at every turn.
You Have Rights – We Ensure They’re Protected
Speaking of rights, it’s important you understand what protections you have when accused of check fraud:
- The right to remain silent and not incriminate yourself
- The right to legal counsel during any questioning
- The right to be free from unreasonable searches/seizures
- The right to a fair and speedy trial
- The presumption of innocence unless proven guilty
Law enforcement often tries to bypass or downplay these rights to make their job easier. We simply won’t let that happen. From the moment you hire us, we’ll ensure your constitutional rights are upheld and that you’re treated fairly throughout the legal process.
The Sooner You Call, the Better
If you’ve been charged with check fraud or are under investigation, the smartest move is to contact a lawyer immediately. Literally the moment you become aware of the situation.Why? Because everything you do or say from that point on can potentially be used against you. With legal counsel on your side from the very start, you’ll have guidance on how to properly exercise your rights and avoid mistakes that could jeopardize your defense.The earlier we get involved, the more opportunities we have to suppress evidence, get charges reduced or dismissed, and position you for the best possible outcome. So don’t wait – your future is at stake.
We’re With You Every Step
Facing check fraud charges is an incredibly stressful experience. The uncertainty, the looming consequences, the fear of the unknown – it all weighs heavily.But you don’t have to go through this alone. When you hire Spodek Law Group, you’re getting a legal team that will be by your side every step of the way:
- During the initial investigation and questioning
- Throughout pre-trial proceedings and negotiations
- At arraignment, bail hearings, and all court dates
- If it goes to trial, we’ll fight vigorously to secure a not guilty verdict
- And if convicted, we’ll pursue appeals and post-conviction relief
From start to finish, we’ll explain what’s happening in clear terms you can understand. We’ll answer all your questions and ensure you’re making fully informed decisions about your case. Our job is to be a supportive, trustworthy partner through this difficult situation.
What Sets Spodek Law Apart
You have a choice when it comes to criminal defense representation. So why choose Spodek Law Group over other firms? Here are a few key differentiators:
A Hands-On, Personalized Approach
Most law firms implement a cookie cutter strategy in order to fight your case, and save their own time. They don’t look carefully at your situation – they simply want to move on to the next case.At Spodek Law Group, we leave no stone unturned. We do everything possible to win. Everything we do is focused on getting you results. We understand the difficulties and challenges of going through a case.
Unparalleled Accessibility
Some lawyers are extremely difficult to reach, leaving you in the dark about your own case. Not us. We pride ourselves on being accessible and maintaining open communication at all times. If you have an urgent issue, there’s always a team member available to take your call.
Courtroom Dominance
Having an aggressive, skilled litigator in your corner makes a huge difference, especially if your case goes to trial. Our attorneys are true courtroom dominators – eloquent, fearless, and persuasive in front of a judge and jury. Prosecutors know not to take us lightly.
Constant Collaboration
Your case won’t get siloed with a single attorney. Instead, we take a team-based approach where multiple lawyers collaborate to analyze issues from all angles. We’ll tap into our collective experience and expertise to build the strongest possible defense.
Getting Started Is Easy
If you’re ready to get a powerhouse legal team in your corner, the first step is scheduling an initial consultation. This is a 100% confidential opportunity for us to:
- Discuss the details of your case and charges
- Evaluate the potential evidence and defenses
- Outline our comprehensive strategy for your defense
- Allow you to get to know our team and ask questions
- Determine if we’re the right fit to represent you
Best of all, this first meeting is free of charge and comes with no obligation. We want you to feel completely comfortable with us before moving forward. Our phones are answered 24/7, so you can reach us anytime – nights, weekends, holidays, whenever.Don’t try to navigate the legal system alone when so much is at stake. Having the right lawyer makes all the difference in check fraud cases. Contact Spodek Law Group today and let our team start working for you.
Check Fraud Laws: What You Need to Know
Being accused of check fraud is a serious matter with potentially severe consequences. To build a strong defense, it’s critical to understand exactly what constitutes check fraud under the law.Here’s a breakdown of the key federal laws and statutes related to check fraud, as well as some common examples:
Federal Check Fraud Statutes
18 U.S. Code § 513 – Securities of the States and private entities
This prohibits making, uttering, or possessing counterfeit securities (like checks) of states, companies, or individuals with the intent to deceive or defraud. Violations can result in fines and up to 10 years in prison.
18 U.S. Code § 514 – Loan and credit applications generally; renewals and discounts
It’s illegal to knowingly make any false statements or reports for the purpose of influencing any lending institution’s actions, including check kiting schemes. Penalties include fines and up to 30 years in prison.
18 U.S. Code § 1344 – Bank Fraud
This broad statute criminalizes any scheme to defraud a financial institution or obtain money/assets under custody of a bank through false pretenses. Check fraud would fall under this, with potential penalties of fines and up to 30 years imprisonment.
Examples of Federal Check Fraud
- Using counterfeit, forged, or altered checks to defraud banks, businesses, or individuals
- Check kiting between multiple accounts to artificially inflate balances
- Depositing checks from closed accounts or accounts with insufficient funds
- Participating in check fraud schemes that cross state lines or use interstate communications (mail, wires, etc.)
While the federal government tends to focus on larger, more complex fraud cases, individual instances of check fraud can still potentially result in federal charges depending on the circumstances.
State Check Fraud Laws
In addition to federal statutes, all 50 states have their own criminal laws prohibiting various forms of check fraud, such as:
- Forgery and uttering a forged instrument
- Theft by deception
- Passing bad checks
- Possession of forged checks or check-making materials
The details and penalties vary by state, but generally involve fines, restitution, probation, and potential jail/prison time depending on the amount defrauded and whether charged as a misdemeanor or felony.For example, under New York Penal Law § 190.05, knowingly issuing a bad check can be considered larceny, with the degree and punishment determined by the check amount:
- Less than $1,000 = Class A Misdemeanor (up to 1 year in jail)
- Between $1,000 – $3,000 = Class E Felony (up to 4 years in prison)
- Over $3,000 = Higher level felony with increased penalties
So as you can see, the laws take check fraud very seriously at both the state and federal levels. That’s why it’s absolutely critical to have skilled legal counsel protecting your rights and interests.
Common Check Fraud Scenarios
To give you a better sense of what check fraud looks like in the real world, here are some common scenarios that could potentially lead to criminal charges:
Forgery
- Signing someone else’s name on their checks without permission
- Using specialized software or equipment to create counterfeit checks that appear legitimate
Uttering a Forged Instrument
- Attempting to cash or deposit checks you know (or should know) are forged, counterfeit, or altered
- Trying to pass off forged checks as real, even if you didn’t create them yourself
Theft by Deception
- Writing checks from an account you know has insufficient funds to cover the amount
- Using checks to intentionally deceive others into providing you with cash, goods, or services
Check Kiting
- A complex scheme where you take advantage of the float period by writing a check from an account with insufficient funds, then depositing it into another account and withdrawing cash before it bounces
Payroll Check Fraud
- As an employee, forging signatures on payroll checks or altering the amount/payee
- As an employer, issuing fake payroll checks to non-existent “employees” to embezzle funds
Elderfraud
- Preying on elderly or mentally diminished individuals by tricking them into signing over checks or providing checking account info
These are just a few examples – check fraud can take many different forms. But the common thread is using deception and bad faith to illegally obtain money or assets through checks.No matter what type of check fraud you’re accused of, it’s imperative to have skilled legal representation. Trying to handle these charges alone is simply too risky with your finances and freedom at stake.
Defending Against Check Fraud Charges
If you or a loved one has been charged with check fraud, it’s understandable to feel overwhelmed and unsure of what to do next. The potential penalties are severe, and prosecutors are motivated to secure a conviction.This is precisely why you need an experienced check fraud lawyer in your corner from the very start. At Spodek Law Group, our team has successfully defended clients against all types of check fraud charges in both state and federal courts.We know this area of law inside and out, along with the most effective defense strategies based on the specific circumstances. Here’s a look at how we approach these complex cases:
Our Comprehensive Process
The first step is to conduct a thorough review of all the evidence and circumstances surrounding the alleged check fraud. This includes:
- Interviewing you to get the full story and timeline of events
- Obtaining and analyzing all relevant financial records, surveillance footage, witness statements, etc.
- Identifying any potential legal issues with how evidence was collected/handled
- Examining the charges to ensure they’re properly filed and substantiated
