Crime Scene Investigation: Offense Investigations

Introduction to Bad Check Investigation

• Primary objectives of a criminal investigation include identifying types of bad check violations, determining civil cases, and understanding proper investigation procedures.

Elements of a Bad Check

• A person commits the crime of passing a bad check if they:
  • Have a purpose to defraud
  • Issue or pass a check
  • Know the check will not be paid by the bank or there is no bank

Misdemeanor Check Violations

• Insufficient funds under $150:
  • Check writer's account lacked funds to cover the check on the day it was written
  • Police officer writes a report and advises the victim to make their own warrant application
• Stop payment under $150:
  • Check writer stops payment on a check under $150 given in payment for goods or services
  • Writer fails to notify the payee by certified mail within 10 days that the payment stoppage is due to dissatisfaction with the product or service

Misdemeanor Check Rules

• Do not seize any evidence
• Victim saves check plus supporting documents
• Victim makes warrant application
• Officer writes report identifying the suspect and detailing the offense
• Statute of limitations: one year from the date on the check

Felony Check Violations

• Account closed:
  • Writer closed out the checking account and then wrote the check
  • Verify with the bank that the account was closed prior to the date on the check
• Insufficient funds $150 and over:
  • Checking account lacked funds to cover the check on the date written
  • Verify with the bank that the account was insufficient on the date the check was written
• No account:
  • Counterfeit account: report as forgery
  • Account closed for several years: bank may mark it "no account"
• Forgery:
  • Bank is usually the victim
  • Bank should provide officer with an affidavit of forgery signed by the account holder
• Stop payment $150 and over:
  • Officer should obtain a copy of the registered or certified letter sent by the victim

Felony Check Rules

• Seize original check and package as evidence
• Seize any other pertinent documents (e.g. work orders, contracts, invoices, shipping statements)
• Contact bank:
  • Determine status of the account on the date the check was passed
  • If bank refuses information, write report as stamped on check's face
  • Write the report including statements of witnesses

Bad Checks - Civil Cases

• Post-dated check: check passed on one date, but dated for a later date
• Partial payment check: check writer makes partial payment
• Held checks: victim holds check at suspect's request
• Uncollected funds: bank holds a deposited check until it clears the other bank
• Third party checks: check is written to a person who then endorses it and gives it to a third party as payment

Investigation Procedure

• Determine venue: where the check was received by the victim
• Determine offense: victim contact and witness contact
• Ten Day Letter status:
  • Purpose of 10-day letter is to prove intent
  • Must be sent by prosecuting attorney's office
  • Often results in payment by the suspect, thus no police involvement
• Bank contact:
  • Determine status of account
  • Obtain name of bank representative
  • List pertinent dates (e.g. account closed)
• Police report: detail all facts
• Arrest teletype: interview suspect upon arrest
• Warrant application