Check Fraud Overview – California Penal Code Section 476

Check fraud is a crime that has been prosecuted recently with much more frequency. Due to the recent availability of sophisticated, yet affordable technology (e.g. computers, scanners, publishing software, etc.), check fraud has emerged as one of the most prominent forms of fraud in the country. As defined in California Penal Code Section 476, check fraud occurs when a person makes, possess, passes, uses, or attempts to use a false or altered legal writing, namely a check, for the payment of money or property.

Check fraud ordinarily occurs in California when a person signs or endorses a check using the name of another person without permission. In this way, even a genuine document can be made false by the use of false writings like signing fictitious or unauthorized names, adjusting the dollar amount on the check, or altering the routing numbers. Therefore, check fraud includes not only the false fabrication of a check but also the making of a false writing on an otherwise genuine check.

To be convicted of this crime, the prosecution must show that a person possessed, used, or attempted to use, a false or altered check for the payment of money or property, and knew that the check was false or altered, and had the intent to defraud. Each element must be individually proven beyond a reasonable doubt in order to achieve a conviction.

Since the underlying offense of check fraud is forgery, as defined in California Penal Code Section 470, the punishment for check fraud will involve the penalties that apply to forgery. If convicted of committing forgery, an accused could be imprisoned in County Jail for up to three years.

If you are facing allegations of check fraud, you need to make sure that you contact an experienced criminal defense attorney who is well versed in check fraud law. A check fraud conviction will result in serious penalties. Our attorneys at Wallin & Klarich have over 30 years of experience handling forgery cases that deal specifically with check fraud. Call us today at 888-749-0034. We will be there when you call