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Questions and Answers
What is the primary objective of a bad check investigation?
What is the primary objective of a bad check investigation?
What is the classification of a bad check violation when there are insufficient funds under $150?
What is the classification of a bad check violation when there are insufficient funds under $150?
What is the purpose of the 'Ten Day Letter' in a bad check investigation?
What is the purpose of the 'Ten Day Letter' in a bad check investigation?
What is the first step in any check investigation?
What is the first step in any check investigation?
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What happens when a bad check is written with purpose to defraud?
What happens when a bad check is written with purpose to defraud?
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What is the role of the police officer in a bad check investigation?
What is the role of the police officer in a bad check investigation?
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What is the minimum amount for a check to be considered a felony in terms of insufficient funds?
What is the minimum amount for a check to be considered a felony in terms of insufficient funds?
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What happens if a check is post-dated and passed on an earlier date?
What happens if a check is post-dated and passed on an earlier date?
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What should the officer do when investigating a bad check?
What should the officer do when investigating a bad check?
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What is the purpose of the 10-day letter in a bad check case?
What is the purpose of the 10-day letter in a bad check case?
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What should the victim do with a bad check?
What should the victim do with a bad check?
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What happens if the bank refuses to provide information about the account status?
What happens if the bank refuses to provide information about the account status?
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What is the statute of limitations for a misdemeanor bad check?
What is the statute of limitations for a misdemeanor bad check?
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Who should the victim contact to make a warrant application?
Who should the victim contact to make a warrant application?
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What should the officer do with the report in a bad check case?
What should the officer do with the report in a bad check case?
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What happens if the bank marks a check as 'no account'?
What happens if the bank marks a check as 'no account'?
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Study Notes
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
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Description
This lesson plan covers the objectives and steps of a criminal investigation, including a brief overview of the primary objectives and procedures for conducting an investigation.
