From: Employee@MilVeh.com
Date: Wed Aug 13 2003 - 09:11:05 PDT
A crime was committed and the California statute (and
federal) is for a forged, fraudulent document with the
intent to commit a criminal act.
The following overt acts consumate the minimum
elements to have a crime committed and they are (1)
raising the check (2) then sending it with intent to
defraud. Additionally this case is strengthened by a
well known scam which illustrates the "plan and
design" for the necessary "criminal intent" and lends
one to suspect conspiracy since a person likely
conspired with another, duplicated the scam and
attempted to carry it out, but evidence so far would
not get a conspiracy charge. Felony fraud, yes.
Conspiracy is not that hard to prove as an
investigation unfolds. Simply put, the charge results
when two or more people conspire to commit a criminal
act and then make some minor overt act to carry it
out.
Lastly, the suspect's repeated attempts to have the
check cashed and money forwarded, again, only
strengthen this case of fraud/forgery.
This more than completes the elements of fraud.
Since it involves multinational jurisdiction it is an
F.B.I. case and it also falls within the jurisdiction
of the U.S. Postal Inspectors. Either agency could
pursue this complaint.
The elements to prove are:
1. Check forged, original amount & appearance.
2. Sent through the mail.
3. Demand for payment.
4. Involves two or more countries.
5. Originated outside the U.S.A.
6. Funds to cover check insufficient or non-existent.
FYI: The evidence (check and envelope) must be
handled so that latent prints can be removed later.
Placing it in a sealed plastic sandwich bag will
protect it. Unfortunately, most people wrongly assume
such items can not be printed, but in practice they
can as long as they have not been handled too much.
Jack Lee
Ret. Det. Sgt., Fraudulent Documents Expert
Member
International Police Officers Assoc.
U.S. Region 40
--- Jon Shoop <shoop19@brick.net> wrote:
> Just so everyone knows......
>
> No crime was comitted in this check forging
> scam...it only becomes a crime
> if I cash ot attempt to cash the check........then
> the line is crossed.....
>
> Jon
>
>
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