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Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 24870
Experience:  20 years trial experience in defense of criminal cases
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A check was falsey cashed from the department of treasury for

Resolved Question:

A check was falsey cashed from the department of treasury for the amount of 300 dollars. If caught would this be a misdeamor or felony charge . And how would that be determined. Also what is the typical punishment for such a crime.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Pro replied 8 years ago.
You mean that someone cashed a Department of Treasury check at the store for $300.00 - correct?
Customer: replied 8 years ago.
yes that correct
Expert:  Law Pro replied 8 years ago.
I hate to say it but you've been "had". There are so many schemes going on that's it's hard to keep track of them all.

I'm sure that the check was returned by you bank as fraudulent and they deducted that amount from the company's bank account. Hopefully they didn't charge you additional fees - but they could if they desired to do such.

First, it's a federal offence to draft a forged Department of Treasury check or draft. This just isn't a state offense it's a federal offense. I'm sure you will be talking to the FBI about the matter.

Second, it's a federal offence to attempt or use such.

The felonies are quite severe - 10 years in jail and $100,000 fine at a minimum.

However, I'm quite sure that you will never find the person who gave or presented you the check - they are long gone and won't ever be back.

Sorry for your loss.
Customer: replied 8 years ago.
The check was a refund from the irs it belonged to me, but someone stole it out of my house, im assuming because when i went to retrieve it it was gone. So I guess what im asking is whoever took it what would the charge against them be.
Expert:  Law Pro replied 8 years ago.
Oh, they stole your check and cashed it - correct?

Did the IRS say or tell you it has been cashed already?
Customer: replied 8 years ago.
yes that is correct. Yes the irs said it has been cashed
Expert:  Law Pro replied 8 years ago.
It was then cashed at a store with no surveillance equipment - correct?

OK, that's again a felony because it's illegally tampering with a federal treasury check - fraud and theft of a federal treasury check.

What are the penalties - fines of $250.00 to $10,000.00 and incarceration of up to 2 years.

Customer: replied 8 years ago.
Yes, do you think they will be able to catch ther perp under these circumstances
Expert:  Law Pro replied 8 years ago.
Hope so for you to get the money back!

Good luck!!
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