Check Fraud, Financial Transaction Card Fraud

Question 1

Drawing and Uttering Fraudulent Check, Draft or other Written Order

Answer 1

Court: Summary (if less than $1000), General Session (greater $1000)
Class: Class C or Exempt Misdemeanor if less $1000
Class B misdemeanor 1st offense if greater than $1000
Class E Felony for 3rd and subsequent offense regardless of the amount

Elements:
It is unlawful for a person with intent to defraud to:
1. draw, make, utter, issue, or deliver
2. A check, draft, or other written order on a bank or depository
3. For the payment of money or it’s equivalent
4. When at the time:
The accused does not have an account at the bank or depository OR
Does not have sufficient funds on deposit with the bank to the pay the same on prevention OR
There is a incorrect or insufficient signature on the check draft or written order

Question 2

Financial Transaction Card Fraud

Answer 2

Court: Under $1000 Class C Misdemeanor over $1000 Class F Felony
Elements:
A person is guilty of financial transaction card fraud when with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value , or any other person he
1. Uses a stolen, forged, expired, revoked, or fraudulently applied for card knowingly.
2. Uses someone else’s card or represents he is the card holder, or authorized user and the card has not been issued
3. Willfully and knowingly exceed the credit limit and not having paid the issuer of the financial card the total amount excess within 10 days of notification to the card holder by certified mail at the last known address.
Failure to pay this amount is Prima Facia evidence of intent to defraud.

Obtains control over financial transaction card as security for debt
Deposits into his account by means of an ATM or automatic banking device forged financial drafts, money orders, or altered instruments

Receive money goods or services for a false money instrument knowing at the time the document deposit item is false

Furnishes money or goods, services on presentation of a financial card he knows is not valid

Fails to furnish money goods or services or anything of value that he represents in writing to the issuer (merchant side credit card fraud)
3.
2.