Fraud/ Check Fraud/ White Collar Crimes
In order to be convicted of Uttering False Checks, governed by MGL c. 266 s. 37, the prosecution must prove that you did:
- With intent to defraud
- make, draw, utter, or delivery any check, draft or order for the payment of money upon any bank or other depositary
- with knowledge that the maker or drawer has not sufficient funds or credit at such bank or other depositary for the payment of such instrument
- although no such express representation is made in reference thereto.
Uttering false checks is considered attempted larceny, and if any money, property, or services are obtained through such attempt, you are guilty of larceny.
Uttering false checks is very often over-charged in Massachusetts. If you write a check that bounces, chances are that you just mismanaged your account. This happens all the time. It does not mean that you had "intent to defraud" anyone. usually, we can work with the prosecution to have these cases dismissed on some sort of restitution payment, but it is HIGHLY important that you not speak to law enforcement without the presence of an attorney. These cases can become tricky, and you don't want to dig yourself a deeper hole. Seemingly innocent and simple situations can become complicated if you say, or do, the wrong thing. Contact our office for a free initial consultation.
In order to be convicted of Identity Fraud, governed by MGL c. 266 s. 37E, the prosecution must prove that you did:
- With intent to defraud
- pose as another person, or obtain personal identifying information of another person with intent to pose as that person or to assist another person to pose as such person
- without such person's express written permission
- to obtain money, credit, goods, services, anything of value, any identification card or other evidence of such person's identity, or to harass another.
- 2 1/2 years in jail
- $5,000 fine
Embezzlement in Massachusetts by the larceny statute, MGL c. 266 s. 30. The difference between embezzlement and larceny usually arises in "white collar," or business relations. Embezzlement refers to the situation in which you are already in lawful possession of a business's money or property, but you then misappropriate that money or property for your own use or interest with the intent of permanently depriving the business. These charges can arise from very simple circumstances such as a store clerk taking a few 20's from the register, or from much more complicated corporate transactions. In any event, if charged with embezzlement, it's important to contact our office for your free initial consultation so we can analyze your particular situation.
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