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Creating Fake Checks

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Beyond the crimes of Deposit Account Fraud and Forgery in Georgia, it is also unlawful to create fake checks or other negotiable instruments that appear as they are the real checks of any financial institution.

What’s the Law on Fake Checks?

The statute, O.C.G.A. 16-9-21 reads:

It shall be unlawful for any person to print or cause to be printed checks, drafts, orders, or debit card sales drafts, drawn upon any financial institution or to execute or negotiate any check, draft, order, or debit card sales draft knowing that the account number, routing number, or other information printed on such check, draft, order, or debit card sales draft is in error, fictitious, or assigned to another account holder or financial institution.

Any person who is found to have broken the law as it relates to the above statute would be guilty of a felony with a prison sentence ranging from one to five years and a fine of up to $5,000.

What Should I Do?

If you are being investigated for creating fake or fraudulent checks in Georgia, call our office today for a free consultation. Our staff is experienced in defending these white-collar cases and can discuss potential defenses with you at your free consultation. Call us today at 404-581-0999.

by Ryan Walsh

Financial Transaction Card Forgery

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In Georgia it is against the law to make a fake financial transaction card in the name of another person or to alter any credit or debit card’s encoded information.

What is Financial Transaction Card Forgery?

A person commits the offense of financial transaction card forgery when:

(1)  With intent to defraud a purported issuer; a person or organization providing money, goods, services, or anything else of value; or any other person, he falsely makes or falsely embosses a purported financial transaction card;

(2)  With intent to defraud a purported issuer; a person or organization providing money, goods, services, or anything else of value; or any other person, he falsely encodes, duplicates, or alters existing encoded information on a financial transaction card or utters such a financial transaction card; or

(3)  He, not being the cardholder or a person authorized by him, with intent to defraud the issuer; a person or organization providing money, goods, services, or anything else of value; or any other person, signs a financial transaction card.

Examples

Falsely making a financial transaction card in Georgia occurs when someone makes or draws a card that is in someone else’s name but is not their actual card because they did not authorize the making or drawing of the card which was issued by the credit or debit card company.

Falsely embossing a financial transaction card in Georgia occurs when someone adds a name, card number, expiration date or security code to a card that already exists.

Falsely encoding a financial transaction card in Georgia occurs when someone erases or alters, electronically, magnetically, or electromagnetically information on the card that will permit acceptance of that card by an ATM.

If you are found in Georgia with two falsely made, embossed, or encoded financial transaction cards it is evidence under the statute that a crime has been committed.

Sentencing

If you are found guilty of violating this statute, you will be convicted of a felony and sentenced one to three years in custody.

Please call us today for a free consultation regarding financial transaction card forgery in Georgia at 404-581-0999.