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Check fraud is a criminal act which involves the unlawful use of checks to illegally acquire or borrow money that does not exist within the account balance or account-holder's legal ownership. Such frauds can also happen when a person issues a check of certain amount to someone knowing that there is no sufficient money in his bank account to clear the check. Another form of check fraud is called ‘paperhanging', which involves the deliberate use of a closed account to write checks. Check kiting is another type of fraud in which a person profits by float, by depositing and drawing checks between two or more banks. In another form of fraud involving checks, some people even try to present a stolen check to clear their dues or endorse the same in banks with bogus personal information to draw money. While some people prepare fake checks, some even use chemicals to alter the information including name and amount on the check. This is called spot alteration. This article answers to some of the most commonly asked questions on check fraud related issues. Can a victim of check fraud claim for restitution and sue the perpetrator after four years of being duped?
It may no longer be possible as the statute of limitations in check fraud case is three years. Even if you are planning to sue the perpetrator on grounds of theft, it would be too late as statute of limitations for theft case is four years. I have been a victim of check fraud and mail fraud originated from Canada. How do I go about in reporting the same?
You can report the fraud to the U.S. Postal Inspector and state attorney general’s office. But this might not help you since you have been duped by somebody from Canada, and such frauds or groups often remain untraced. However, if you can find the party who defrauded you, then you can sue them Canada. What is the statute of limitations for check fraud (both forgery and theft) in New Jersey?
In New Jersey, the statute of limitations for a check fraud involving both forgery and theft is five years. In case of fugitives from the law for the same offense, the statute of limitations begins again once the fugitive is arrested or the first charge against him or her is dismissed. Statute of limitations also can start again if the fugitive is found guilty for his or her role in the first charge. What could be the maximum punishment for check fraud case of $5,125.00 on a closed account in California?
The court considers several factors while pronouncing a judgment over a check fraud case. Also, there are both civil and criminal punishments for such offense. In a case which involves $5,125.00, the person could be asked to pay restitution. Depending on the circumstances and looking at the severity of the case, the court can issue a sentence that can include probation, restitution and programs like diversionary checks, etc. What could be the maximum punishment for a person charged with 115 counts of check frauds worth $51,000?
Check fraud on 115 counts to the tune of $51,000 can be charged as a serious felony or a federal offense. As laws associated with check fraud cases vary from state to state, it is always better to ask a lawyer to help you. When a check fraud happens, the bank involved in the matter usually goes to the law enforcement agencies to file a case against the perpetrator. As different states have their own set of laws pertaining to such fraud, it is always advisable for you to ask a criminal lawyer who could help you.
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