Is it a crime to deliberately or knowingly write bad checks?

Question

and is there a difference between an individual doing so versus a corporation?

Answer 1

Of course it is.

Answer 2

1

Answer 3

Yes, it's a crime. The amount of the check determines whether it's a felony or a misdemeanor. There should be no difference between an individual doing so versus a corporation, but it would be easier for a corporate individual to argue they didn't not do it deliberately or knowingly--but that's an evidence issue. It would be harder to charge and prove knowledge against a corporation and who do you punish? Intellectually the issue is the same, but practically the difficulty of proof presents some hurdles to a criminal prosection against a corporation.

Answer 4

In NY, the law is presumptive evidence that when issuing a bad check you intended to defraud the receiver of the check. Although this seems strict, the law requires you have an notice of that the check was insufficient. After receiving notice, and you do not cure the problem, you can be charged.

As for corporations, it is much more difficult to make a case for bad check, especially if there is a comptroller in the company and the person signing the checks is not the comptroller. This pertains to notice whether the signatory on the check would have cause to know the balance of the account was not sufficient to write a check.

Answer 5

Yes, it is a crime to do so. But, they must prove your intent.

However, one can be penalized in other ways for writing a bad check - even if it wasn't done intentionally.

The corporation is considered to be its own entity - like a person. It will be held liable for bad checks.

However, if a person working for a corporation deliberately wrote the bad checks then not only are they accountable to law enforcement officials but the corporation they work for can also get reimbursement from them for ruining the company's credit.


In other words, whenever someone writes a bad check - intentionally or not - they are in big trouble because they are going to get caught. The computers and paper work and surveillance technology in this day and age don't lie.

They'd be better off coming clean, apolozing and getting away with a lesser punishment otherwise they're posibbly in jail for a loooooong time.
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Answer 6

Yes it's a crime to write a bad check. And there is no difference between and individual or a corporation.

Answer 7

The crime is called Uttering. With a corporation it would have to be proven that the person writing or signing the check knew that there was no money. Much easier to prove with an individual.

Answer 8

It is a crime either way. If you make the checks good in a timely manner, you may be able to avoid any criminal charges. The severity of the crime and following punishment will depend on the amount of the check. With a corporation the victim may go after either the company as a whole to force payment or seek criminal charges against the party(ies) who signed the check. If you work for a business who is sending out hot checks, make sure you are not the one signing your name to them.

Answer 9

well the women's prisons are filled with people that do such...
I've seen where women got 3 years of hard time for passing bad checks.( Women are the ones who still mostly use checks therefore go to prision for this offense)

is it worth it?..hell no..people that sell crack get less...

I would advise not paying the bill all together than paying with a bumm check...if it gets bad..then you can settle with the debitor later on down the road..

Answer 10

It is not "illegal" to write a bad check or a check without sufficient funds in the account to cover that amount. It is "illegal" to try and cash it in, thereby defrauding the person/agency out of their money, products or services, in order to give it to you.

Answer 11

In my state (SC) it is fraudulant to write a bad check . Even if it is an accident, if it is not taken care of by a certain time you can face fines and jail time.