Minnesota Check Fraud Defense Lawyer

St. Paul Criminal Defense Attorney Kevin DeVore

Many cases of check fraud stem from a bad decision or tight financial situation. If you’ve been accused of a criminal act, it’s important that you understand your rights. A check fraud charge doesn’t need to mean disastrous consequences– especially not if you have a skilled attorney by your side.

Minnesota law makes check fraud punishable by fines and even imprisonment. With that said, there are various forms of check fraud and different ways that the law treats each of them.

What Is Check Fraud?

Check fraud is a criminal act and white-collar crime. It is any act that involves using checks unlawfully in order to illegally use or borrow funds that don’t exist. Purposely writing checks on a nonexistent or closed account is check fraud. So is writing a check if you know you have insufficient funds. These acts are punishable offenses according to Minnesota Statute § 609.535.

When you hear about check fraud, you’ll probably also hear about “the float.”

What is “the float”?

The float refers to a period of time that it takes from money to move from one bank account to somewhere else. If someone takes advantage of the float, it means that they’re trying to write checks from an account that will soon have its funds sent to another account.

• The most common way people try to “play the float” related to payday
• Many people write checks without enough funds with the expectation that the funds will be replaced by payday and cover the fraud

Penalties for Check Fraud In Minnesota

There are different penalties for check fraud in Minnesota. The penalty someone receives for their alleged actions depends on several factors. Fines and prison sentences are potential outcomes of cases like these.

• If you are charged with check forgery or offering a forged check…
  • …of over $35,000: Maximum fine of $100,000, imprisonment up to 20 years, or both
  • …of  over $2,500: Maximum fine of $20,000, imprisonment up to 10 years, or both
  • …of over $250 but less than $2,500: Maximum fine of $10,000, imprisonment up to five years, or both
• If you are charged under “bad check” laws…
  • …as a felony ($5000 or greater): Maximum five years in jail and $10,000 in fines
  • …as a gross misdemeanor (greater than $250, less than $5,000): Maximum one year in jail and $3,000 in fines
  • …as a misdemeanor (less than $250): Maximum 90 days in jail and $1,000 in fines

Defenses For Check Fraud in Minnesota

It’s possible to defend a check fraud charge. If you work with a seasoned St. Paul criminal defense attorney, he or she can help you build a legal defense to protect your rights. Some cases change to include lesser charges and sentences after defense.

Inform a lawyer of the details of the case against you. If you decide to work together, your attorney will begin to build a way forward for you and your case. Sometimes this involves trial, but it may also come down to settlement. Potential defenses include:

• The fraudulent activity is traceable to someone else
• The check issuer didn’t know the check would not be honored
• The check issuer doesn’t intend to commit fraud
• The issuer is forced (under duress or coercion) to commit check fraud

Facing criminal charges means you need someone in your corner who understands how the system works. Attorney Kevin DeVore knows your rights and will fight to protect them. Kevin DeVore is a St. Paul Criminal Defense Lawyer. Reach out today to find out more about your legal rights.