Understanding The Virginia White Collar Crime Of Check Fraud

The words, “white collar crime,” carry with them certain automatic connotations in Virginia and across the nation. Many people are not fully aware of what they fully entail, and that there are serious penalties associated with them. Allegations of passing bad checks fall into the category of white collar crime and fraud. The law is clear on how check fraud is viewed, and how a conviction will affect a person’s life.

If a person is deemed to have intended to commit fraud by writing a bad check, draft or order to make a payment on a bank, an institution, trust company or any other depository, and does so with the knowledge that there are not sufficient funds to cover the check, it is larceny. The amount that the check is for is also important, when the level of crime is determined. For example, if the check, draft or money order is for $200 or more, it is a Class 6 felony. If it is less than $200, it is a Class 1 misdemeanor.

The penalties for a Class 1 misdemeanor can result in up to one year in jail and a fine of $2,500. A conviction for a Class 6 felony can result in a jail sentence for one to five years and a fine of $2,500.

Considering the potentially life-changing penalties for being convicted of check fraud, it is imperative to lodge a strong defense. Perhaps, there was a misunderstanding when the accused wrote the checks. It is possible that a mistake was made, and it has led to these charges. Regardless of the circumstances, the first call a person facing these allegations should make is to a legal professional experienced in helping clients who are charged with fraud.

Source: Law.Lis.Virginia.gov, “18.2-181. Issuing bad checks, etc., larceny.,” accessed on Aug. 3, 2015