If you have been accused of Check Fraud, please call me for a free consultation. I have personally defended thousands of cases, teach criminal law at the IU School of Law, and have practiced criminal defense my entire career. Additional information about my office is available on the home page and the in the news page.
IC § 35-43-5-12 Check Fraud
(a) As used in this section, “financial institution” refers to a state or federally chartered bank, savings bank, savings association, or credit union.
(b) A person who knowingly or intentionally obtains property, through a scheme or artifice, with intent to defraud:
(1) by issuing or delivering a check, a draft, an electronic debit, or an order on a financial institution:
(A) knowing that the check, draft, order, or electronic debit will not be paid or honored by the financial institution upon presentment in the usual course of business;
(B) using false or altered evidence of identity or residence;
(C) using a false or an altered account number; or
(D) using a false or an altered check, draft, order or electronic instrument;
(A) depositing the minimum initial deposit required to open an account; and
(B) either making no additional deposits or making insufficient additional deposits to insure debits to the account; or
(3) by opening accounts with more than one (1) financial institution in either a consecutive or concurrent time period;
commits check fraud, a Class A misdemeanor.
(c) However, an offense under subsection (b) is:
(1) a Level 6 felony if the aggregate amount of property obtained is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000); and
(2) a Level 5 felony if the aggregate amount of the property obtained is at least fifty thousand dollars ($50,000).
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