In addition to representing a fraudulent check as though it is real and genuine, you must also have knowledge that the check is fraudulent in order to be convicted of check fraud. You only need to have intended to unlawfully gain from the fraudulent activity in order to be guilty of check fraud. In other words, attempted check fraud is still check fraud. However, in order to be convicted of violating Penal Code 476 PC no one actually has to suffer any loss or be defrauded. “Fraudulent intent” requires that you intended to deceive another person out of money or property and must be proven by the prosecutor in order for you to be convicted of check fraud. Cashier’s checks can also be used for wire transfers. The check is made out to a specific person or business and is often used to pay for goods or services. You can buy a money order at most post offices, some grocery stores, and check cashing businesses.Ĭashier’s checks are a form of check that is drawn on the account of a financial institution, such as a bank. A money order is effectively the same as a check, but instead of being drawn on a bank account, it is prepaid. In California, check fraud also encompasses money orders, money transfer service and cashier’s checks. For example, changing the date on a post-dated check so that it reads as an earlier date. Altering the routing number, account number or check number.For example, changing a $50 check to a $500 check by adding an extra “0” to the dollar amount. You are guilty of check tampering when you erase, change, or add to part of a check in such a way that it appears different from its original form and is changed in its legal effect. Although Ellen may be subject to penalties covered by other statutes, she is not charged with violating Penal Code 476 because, although the account has been closed, the bank they were drawn from is real, Ellen was an account holder at the financial institution, and Ellen is an existing person. The account comes up “closed” and the store manager notifies the authorities. Ellen is charged with violating Penal Code 476 for her fake check scam.Įxample 2: Ellen attempts to pay for her groceries at the store with a check from an account of hers that was recently closed. When she attempts to cash one of the checks at the grocery store, the account comes up “closed” and the store manager notifies the authorities. The following examples provide a bit more clarification:Įxample 1: Ellen fabricates computer-generated checks using publishing software. Using checks from closed accounts does not necessarily constitute passing bad checks. This could include making computer generated checks, using a check from a non-existent bank or using a check endorsed by a non-existent person. In California, it is illegal to make, possess, pass on, or use fake checks.
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