Check Fraud Laws

Cheque (or check) fraud refers to a category of criminal acts that involve making the unlawful use of cheques in order to illegally acquire or borrow funds that do not exist within the account balance or account-holder's legal ownership. Most methods involve taking advantage of the float (the time between the negotiation of the cheque and its clearance at the cheque-writer's bank) to draw out these funds. Specific kinds of cheque fraud include cheque kiting, where funds are deposited before the end of the float period to cover the fraud, and paper hanging, where the float offers the opportunity to write fraudulent checks but the account is never replenished.

The most notorious "bad cheque artist" of the 20th century, Frank Abagnale, devised a scheme to put incorrect MICR numbers at the bottom of the cheque he wrote, so that they would be routed to the incorrect Federal Reserve Bank for clearing. This allowed him to work longer in one area before his criminal activity was detected.[1][2]

Fast Facts

  • More than 75% of business-to-business transactions are made by check. Association of Financial Professionals statistic, reported in the Wall Street Journal 10/28/04, section B
  • From 1988-1999, financial institutions recovered less than 5% of court-ordered restitution in check fraud cases. Department of Justice 2/99
  • Nearly half of organizations added to their internal controls and procedures during 2006 to bolster their protection against payments fraud.

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  • Guide to New Bankruptcy Laws

    The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) passed October 17, 2005, is considered th...
    • Site: lawfirms.com
  • Check Fraud

    Writing a bad check with fraudulent purposes can be a serious offense.  Check fraud specifically may involve s...
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    Bank fraud and mortgage fraud cost innocent individuals millions of dollar per year. Bank fraud can include fo...
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  • Consumer Tips: Automobile Recalls and Fraud

    Automobiles are one of the most recalled products out in the market today. Every month you hear about this mo...
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