I just spoke with a Denver woman who had two $600.00 checks, $1,200.00 total, deducted from her bank account. The problem is that she did not write either check. Fortunately, she was regularly checking her bank statement and noticed the problem. She promptly notified her bank and the deducted money was credited back to her account. Police were notified and an investigation is underway. This is a clear cut case of check fraud, or Forgery, C.R.S. 18-5-102, as it appears the people presenting the checks stole her account number and created checks from scratch.
Colorado’s Definition of Forgery
In Arapahoe and Douglas County, forgery results when a person acting with the intent to defraud, falsely makes, alters or presents a check, money order or monetary instrument. The law also includes things like wills, stocks, contracts, public records, and lottery tickets. The idea is to criminalize the effort to get more than is bargained for. We don’t want someone getting something for nothing because in the end, someone will lose out. Whether it is a bank, or a woman minding her own business, fake or altered checks and financial instruments cost someone the loss. Read more on the Essentials of Forgery.
Why We Have Check Fraud and Forgery Laws in Colorado
Written financial instruments are necessary for the functioning of our financial industry. Can you imagine what type of a world we would have if you could not write a check, use a credit or debit card, or sign for a loan? Jobs would be lost and the economy would grind to a halt. Even cash transactions would be affected without this law as people printed money on their computer. This law serves a good purpose.
Real World Examples of Forgery Which Police Charge
Sometimes men and women get desperate for money and try shortcuts. They are not terrible people, but they are caught committing crimes like Forgery in Jefferson and Adams County. We frequently see this crime charged when bookkeepers for companies falsely complete checks or modify a legitimate check to reflect more money. In other cases, we see young men and women signing a traffic ticket in someone else’s name, claiming they’ve forgotten their driver’s license. Either way, Forgery is a class five felony and can result in prison time at the Colorado Department of Corrections.
If you are arrested or accused of Forgery, don’t answer questions for the police, who are gathering evidence to convict you. Instead, exercise your right to remain silent and call the best Forgery and Fraud by Check lawyers from the O’Malley Law Office at 303-731-0719. Together, we can protect your future.