Can person who tried to deposit a counterfeit check be guilty of a crime?
Full Question:
Answer:
The answer will depend on all the circumstances involved, such as whether you had knowledge of the counterfeit activity or participated or facilitated in it. Law enforcement officials will someytimes implicate someone to gain their cooperation in their investigation, so if this is the case, we suggest you contact a local criminal attorney.
It may be possible that the person making the deposit of what was later learned to be a counterfeit check could be charged with conspiracy and or theft.
The following are exerpts from the Maryland statutes:
§ 8-601. Counterfeiting of private instruments and documents.
(a) Prohibited.- A person, with intent to defraud another, may not counterfeit, cause to be counterfeited, or willingly aid or assist in counterfeiting any:
(1) bond;
(2) check;
(3) deed;
(4) draft;
(5) endorsement or assignment of a bond, draft, check, or promissory note;
(6) entry in an account book or ledger;
(7) letter of credit;
(8) negotiable instrument;
(9) power of attorney;
(10) promissory note;
(11) release or discharge for money or property;
(12) title to a motor vehicle;
(13) waiver or release of mechanics' lien; or
(14) will or codicil.
(b) Prohibited - Possession of counterfeit.- A person may not knowingly, willfully, and with fraudulent intent possess a counterfeit of any of the items listed in subsection (a) of this section.
(c) Penalty.-
(1) A person who violates subsection (a) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.
(2) A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(d) Venue.- Notwithstanding any other provision of law, the prosecution of an alleged violation of this section or for an alleged violation of a crime based on an act that establishes a violation of this section may be commenced in any county in which:
(1) an element of the crime occurred;
(2) the victim resides; or
(3) if the victim is not an individual, the victim conducts business.
[An. Code 1957, art. 27, § 44(a); 2002, ch. 26, § 2; 2004, ch. 484; 2005, ch. 24.]
§ 8-602. Issuing counterfeit private instruments and documents.
(a) Prohibited.- A person, with intent to defraud another, may not issue or publish as true a counterfeit instrument or document listed in § 8-601 of this subtitle.
(b) Penalty.- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.