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1. What is Check Fraud?

The term “Check Fraud” covers several different offenses relating to the passing of bank checks with fraudulent purposes.  Typically speaking, check fraud covers three basic categories.  They include:

• Bad Checks – You are selling a car for $1,000.  The purchaser writes a check to you for $1,000 which you deposit into your bank and your bank tells you that there are not sufficient funds in the purchasers account to cover the check.  These cases are discussed in further detail below.
• Forged Checks – Someone steals your blank check and signs your name on the bottom without your knowledge.  Once the check is cashed, or uttered, it becomes a separate prosecutable offense.
• Counterfeit Checks – Upon receiving and depositing a check, your bank notifies you that the check is counterfeit or that the account does not exist.

2. What are Bad Checks?

Any check that is written to a business or person, and the check is returned by the bank as a result of insufficient funds, insufficient credit, or due to closure of the account.

3. Can someone be arrested for writing a bad check?

Yes, if the intent is to defraud. Writing and delivering, known as uttering, a check without sufficient funds or credit is punishable by law. 

If the check is written for more than $200, it is a felony under the Code of Virginia.

4. What information will you need to investigate the case of a bad check?

First, the check must be received in person in Loudoun County. This will establish jurisdiction within the county to allow for possible prosecution. Second, the victim who accepted the check must send a certified letter (PDF), return receipt requested, to the person who wrote the check. The letter must demand full payment within 5 days of receipt of the letter. Finally, the victim must have the original check including the bank’s reason for non payment.

5. Are all bad check cases considered criminal cases?

No, there are several cases that would be considered civil, not criminal.  Also, as intent plays a pivotal role in criminal cases, the intent of the suspect must be to defraud the victim of money or goods.