From: Employee@MilVeh.com
Date: Wed Aug 13 2003 - 09:25:06 PDT
Update, by the way, if it were a fed-ex delivered
document I don't think the postal inspectors would be
involved, but this is not my area of expertise, this
would be a federal statute and best to check with the
F.B.I.
--- "Employee@MilVeh.com" <milveh@sbcglobal.net>
wrote:
> 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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