Catch Me if You Can: Check Forgery in Orange County (Penal Code Section 476)
Check fraud is punishable as a crime of forgery. People who commit fraud usually do so for the purposes of unlawfully obtaining money or property. If you commit check fraud, you could be facing both state and federal forgery charges.
Leonardo DiCaprio fans may remember him for his role as a New York teenager who commits check fraud in the 2002 movie “Catch Me if You Can.” The film is a based on the true story of Frank Abagnale, Jr., who created and forged checks across the world. He illegally obtained millions of dollars cashing fake checks while impersonating a Pan Am World Airways airline pilot, a Georgia doctor and a Louisiana lawyer…all before he turned 19 years old.
In the movie, Frank Abagnale, Jr. was caught by FBI agent Carl Hanratty (played by Tom Hanks) while on the run in France in 1969. At the time, he was wanted in over 12 countries. Eventually, Frank was convicted and sentenced to serve 12 years in a federal prison for his crimes. After serving less than five years, he went on to work as a check fraud crimes expert for the FBI agent who caught him.
Most check fraud cases aren’t nearly as sophisticated or glamorous as the stunts Frank Abagnale pulled. However, if you commit check fraud in Orange County, you can face serious consequences if you are arrested and convicted.
How You Can Face Federal Forgery Charges
Check forgery under California Penal Code Section 476 is committed whenever you pass or attempt to pass with intent to defraud a person or financial institution a bogus note, bill or check. In order to convict you of this offense, the prosecutor must first prove each of the following elements of the crime:
- You created or passed a counterfeit (“fake”) or altered check;
- You did so knowingly;
- Your intent was to defraud; and
- You represented that the check was genuine.
In fact, simply writing a check when you know there are not sufficient funds to cover the check is also a form of fraud in California (Penal Code Section 476a).
Examples of Check Forgery
Examples of check fraud include, but are not limited to the following:
- Signing someone else’s name or a fictitious name to a check;
- Changing the dollar amount on the check, or
- Creating a check on a bank or account that doesn’t exist.
Penalties for Check Forgery in Orange County
Check forgery in California is a “wobbler” offense – meaning prosecutors could file the charge as either a misdemeanor or a felony (Penal Code Section 473). How you are prosecuted generally depends on the amount of money you intended to steal.
If the amount in question does not exceed $950, you can only be charged with a misdemeanor..
If you are convicted of misdemeanor check forgery, you face up to one year in a county jail and a maximum $1,000 fine. If you are convicted of a felony, you face up to three years in jail and a maximum $10,000 fine.
Additionally, you will likely be ordered to pay restitution to any victims you defrauded as part of your sentence for committing check forgery.
If you are convicted of a federal fraud crime, you face up to 40 years in prison and fines of up to hundreds of thousands of dollars.
Wallin & Klarich Can Help if You are Facing Federal Forgery Charges
If you or someone you care about is facing forgery charges in Orange County, you should contact an attorney at Wallin & Klarich right away. At Wallin & Klarich, our attorneys have over 40 years of experience successfully defending clients facing the serious consequences of a check fraud conviction such as jail time, fines, probation and restitution.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our criminal defense attorneys at Wallin & Klarich will protect your constitutional rights and make certain you are treated fairly through every step of your criminal case. We will aggressively pursue every defense available to help you get the best possible result in your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.
