DEPOSIT ACCOUNT FRAUD – FORGERY – FINANCIAL IDENTITY FRAUD
In these tough economic times, some folks have acted in desperation, writing checks for goods and services either hoping there will be enough money to cover the check, or worse, knowing there is not enough money in their accounts to cover the checks. Most don’t realize that writing a bad check is a criminal offense, and that more and more businesses receiving those bad checks are pursuing criminal warrants. Unlike violent crime (e.g. armed robbery, aggravated battery), “paper crimes” are often viewed as less serious offenses. Nonetheless, prosecutors are recommending, and judges are handing out, steep penalties, including substantial jail time for individuals convicted of paper crimes. Often times the severity of the sentence depends on: (1) the criminal offense at issue; (2) the number of prior convictions for paper crimes; and (3) the amount of money involved.
First, there are a number of different “paper crimes,” including:
(1) Identity Fraud (O.C.G.A. § 16-9-121(a)) is defined as willfully and fraudulently (1) without authorization or consent, using or possessing with intent to fraudulently use, identifying info concerning a person; (2) using identifying info of an individual under 18 over whom the accused exercises custodial authority; (3) using or possessing with intent to fraudulently use identifying info of a deceased individual; (4) creating, using, or possessing with intent to fraudulently use any counterfeit or fictitious identifying info concerning a fictitious person; or (5) creating, using, or possessing with intent to fraudulently use any counterfeit or fictitious identifying info concerning a real person.
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