Bank fraud would consist of any type of fraud committed against a bank or its customer. It can take many different forms, including unauthorized online access to accounts. One common form of bank fraud involves the criminal issuing a bad check for the victim to deposit. The victim is then instructed to issue a smaller check to the criminal thus allowing the victim to "keep" the difference as a fee for the handling of the deposit.In fact, the check is no good so the deposit will be returned. Meanwhile, the victim has already issued the smaller amount in good money to the criminal.
Check fraud involves the writing of a check with insufficient funds with an intent to defraud. If the total amount of all the checks is $200 or less, it is a misdemeanor; otherwise, it is a felony.
Identity theft is when a person obtains another person's identifying information and using that information for any unlawful purpose, including the obtaining of goods, credit, services or medical information. This is truly one of the fastest growing crimes in the United States and California. Tips for Victims can be found at the web site for the Office of the Attorney General.
Bribery is the giving or offering to give something of value or an advantage to any judicial officer, juror, referee, arbitrator, or umpire. It is a felony punishable by 2, 3 or 4 years in prison.A bribery to an executive officer is also a felony punishable in the same manner. Offering a bribe to a public officer or employee is a misdemeanor if the value of the offering is $400 or less; otherwise, it is a felony.
Embezzlement is defined as the fraudulent appropriation of property by a person to whom it has been entrusted. The person may be an escrow agent, attorney, trustee, administrator, executor, collector or other person who has been entrusted with the control of the money. Another example of the violation of this provision would be a general contractor who does not use the contract payments in order to pay the laborers and materialmen for the work performed or material furnished. If the amount involved is over $400, then it is a felony; otherwise, it is a misdemeanor.
Forgery is when a person, with the intent to defraud, knowing that he/she has no authority to do so, signs the name of another person or a fictitious person to any check, note, cashier's check, traveler's check, money order, lottery ticket power of attorney, share certificate or similar instrument. Generally it is a felony punishable by 16 months, 2 years or 3 years in prison.
In addition, Individual states may have sentencing guide lines
in their penal code that differ from state to state. Visit your individual state
web site and search "penal code your state" for more information. -
Written by Patrick
H. Kelly, Attorney at Law
- Written by Patrick H. Kelly, Attorney at Law
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