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Financial Crime Defense

Prosecution in Georgia for white collar crimes such as forgery, financial transaction card fraud, identity theft, deposit account fraud, and false statements and ID have been increasing throughout the state. These “white collar” crimes involve technical documents including bank statements, applications, government documents, and sworn statements that have their own legal requirements. This page will discuss the various forgery and fraud crimes.

Forgery

Forgery is defined in Official Code of Georgia 16-9-1:

  • A person commits the offense of forgery in the first degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing

  • A person commits the offense of forgery in the second degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.

  • A person commits the offense of forgery in the third degree when with the intent to defraud he or she knowingly:

(1) Makes, alters, possesses, utters, or delivers any check written in the amount of $1,500.00 or more in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or

(2) Possesses ten or more checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.

  • A person commits the offense of forgery in the fourth degree when with the intent to defraud he or she knowingly:

(1) Makes, alters, possesses, utters, or delivers any check written in the amount of less than $1,500.00 in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or

(2) Possesses less than ten checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.

Forgery in the first, second, and third degrees are felonies under Georgia law. The maximum jail time for forgery in the first degree is 15 years and the maximum jail time for forgery in the second and third degrees is 5 years. Forgery in the fourth degree is a misdemeanor under Georgia law until the third conviction when it becomes a felony.

Forgery does not require that the writing is given, presented, or passed to another party. The documents only have to be possessed with an intent to defraud which can be shown through other evidence.

Deposit Account Fraud

Deposit account fraud is when you (or more commonly someone who has asked you) present a check to the bank which you (or they) know is not going to be honored by the bank. An example would be a scam asking you to deposit a check into your account, and give them the money, with you getting a very small amount as a fee for depositing the check for them. The person giving you the check knows the check will not be honored. If it seems too good to be true, it probably is.

Deposit Account Fraud is defined in Official Code of Georgia 16-9-20:

  • A person commits the offense of deposit account fraud when such person makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Code section, it is prima-facie evidence that the accused knew that the instrument would not be honored if:

(1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered;

(2) Payment was refused by the drawee for lack of funds upon presentation within 30 days after delivery and the accused or someone for him or her shall not have tendered the holder thereof the amount due thereon, together with a service charge, within ten days after receiving written notice that payment was refused upon such instrument.

(3) Notice mailed by certified or registered mail or statutory overnight delivery is returned undelivered to the sender when such notice was mailed within 90 days of dishonor to the person at the address printed on the instrument or given by the accused at the time of issuance of the instrument.

Deposit account fraud is a misdemeanor under Georgia law unless the amount of the check is $1,500 or more. If the amount of the check is $1,500 or more, deposit account fraud is a felony offense punishable by 1 to 3 years in prison. If the bank used to defraud is an out of state bank and the amount of the check is $1,000 or more, you can also be charged with a felony.

Deposit account fraud is a very common financial crime around the Atlanta metro area.

Financial Transaction Card Theft/Fraud

Financial Transaction Card theft is a very common fraud charge within the metro Atlanta area. It usually involves someone who takes the debit or credit card or the information on the debit/credit card of another with the plan to use that information later for their own benefit or to give or sell that information to another.

Financial transaction card theft is defined in O.C.G.A. 16-9-31:

  1. A person commits the offense of financial transaction card theft when:

(1) He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder's consent; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder;

(2) He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and he retains possession with intent to use it or sell it or to transfer it to a person other than the issuer or the cardholder;

(3) He, not being the issuer, sells a financial transaction card or buys a financial transaction card from a person other than the issuer; or

(4) He, not being the issuer, during any 12 month period receives two or more financial transaction cards in the names of persons which he has reason to know were taken or retained under circumstances which constitute a violation of paragraph (3) of subsection (a) of Code Section 16-9-33 and paragraph (3) of this subsection.

Financial Transaction Card Theft in Georgia is a felony punishable by at least one year imprisonment with a maximum punishment of three years imprisonment and a $5,000 fine.

Financial Transaction Card Fraud is different from Financial Transaction Card Theft. Financial Transaction Card Fraud is defined in O.C.G.A. 16-9-33. It involves the use of a stolen or fraudulent card. Financial transaction card fraud is a felony punishable by 1 to 3 years in prison.

Identity Fraud

Identity fraud in Georgia is defined in O.C.G.A. 16-9-121.

A person commits the offense of identity fraud when he or she willfully and fraudulently:

  • (1) Without authorization or consent, uses or possesses with intent to fraudulently use identifying information concerning a person;

  • (2) Uses identifying information of an individual under 18 years old over whom he or she exercises custodial authority;

  • (3) Uses or possesses with intent to fraudulently use identifying information concerning a deceased individual;

  • (4) Creates, uses, or possesses with intent to fraudulently use any counterfeit or fictitious identifying information concerning a fictitious person with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person; or

  • (5) Without authorization or consent, creates, uses, or possesses with intent to fraudulently use any counterfeit or fictitious identifying information concerning a real person with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person.

A person commits the offense of identity fraud by receipt of fraudulent identification information when he or she willingly accepts for identification purposes identifying information which he or she knows to be fraudulent, stolen, counterfeit, or fictitious. In any prosecution under this subsection it shall not be necessary to show a conviction of the principal thief, counterfeiter, or fraudulent user.

Aggravated identity fraud occurs when you commit identity fraud with the purpose of obtaining employment. Identity fraud is a felony punishable by up to 10 years in prison. Aggravated identity fraud has a maximum punishment of 15 years in prison.

If you are being investigated or have been charged with a white collar crime in Georgia including Forgery, Financial Transaction Card Theft, Deposit Account Fraud, or Identity Theft, call me today for a free consultation at 678-753-6431. I’ll be happy to discuss your issues and give you advice to help you made a decision on whether you need to speak with investigators, secure representation, or fight your case.