|
Bad Check Restitution Program
- Overview
|
Upon receipt of a bad check complaint the case will be
reviewed to determine the appropriate course of action
to be taken. Numerous factors will be taken into account
including, but not limited to, the existence of proof of
intent to defraud (as opposed to an honest mistake), the
availability of bank records, the criminal record of the
check writer (past check fraud convictions, etc.) and
the ability of the victim to identify the check writer
in court.
Depending on the circumstances surrounding the check(s),
the County Attorney's Office may file criminal check
fraud charges against the check writer, offer the check
writer the opportunity to pay restitution for the
check(s) in lieu of criminal prosecution or may decline
to take action if the necessary proof is not available
or if the matter is deemed to be non-criminal in nature.
In the case that the check writer is offered the
opportunity to pay restitution for the check(s), in lieu
of prosecution, the County Attorney's Office will
generally send a letter to the check writer, informing
him or her of the possibility of criminal prosecution
and giving them the opportunity to pay restitution for
the bad check(s) in lieu of prosecution.
If the check writer does not pay restitution for the bad
check(s), a prosecuting attorney will review the case
and determine whether or not a criminal check fraud case
can be filed against the check writer at that time.
Very often the County Attorney's Office is successful in
collecting restitution for victims from bad check
writers. If restitution is paid, only the FACE VALUE of
the check(s) is collected, not including service charges
or other fees.
|
|
|
