Forgery, counterfeiting and issuance of check or draft with intent to defraud

Vegas Defense Lawyer Explains Crime of Counterfeit Checks

Nevada law strictly prohibits behaviors that are considered to be crimes against property. There are a broad array of different kinds of offenses that are considered crimes against property. These types of offenses do not just include actions like theft or burglary. It is also considered a property crime to commit a forgery, to counterfeit, or to issue a check or a draft with the intent to defraud.

In fact, within Chapter 205, the property crimes chapter of Title 15, there is an entire subsection detailing fraud and counterfeiting offenses. If you are accused of committing any violations of the statutes within this subsection, you need to ensure you have an experienced attorney who can provide the representation that you need and deserve. You are facing serious charges that could result in harsh penalties including the potential for jail time and a permanent record that impacts your employment – and you need an advocate who can help you to navigate the criminal justice system to maximize the chances of a favorable outcome.

LV Criminal Defense is here and ready to help. Our Vegas defense firm has extensive experience with all different kinds of property crimes made illegal in Chapter 205. We can help you to evaluate the evidence against you, consider defenses, and determine how to best respond to charges of forgery, counterfeiting, or intent to defraud. Give us a call today to find out more about the assistance that we can offer.

Nevada Laws on Forgery, Counterfeiting and Issuing Checks with Intent to Defraud

The subsection of Chapter 205 that deals with forgery, counterfeiting, and issuance of checks or drafts with intent to defraud includes Nevada Revised Statute section 205.085 through Nevada Revised Statute section 205.2167. Collectively, these statutes establish the following rules and regulations related to forgery and related offenses in the state of Nevada:

• Establish definitions used within the subsection of forgery, counterfeiting, and issuing bad checks with intent to defraud.
• Define criminal acts related to forging conveyances, negotiable instruments, stock certificates wills, and other related forged instruments.
• Define other types of actions that constitute forgery.
• Define the offense of making, uttering, or possessing with intent to utter a fictitious bill, note, or check.
• Establish what happens when there is a true writing signed by the wrongdoers name or signed by a person who does not exist.
• Establish that false certification of certain instruments is punishable as a forgery crime in Nevada.
• Establish when filing, signing, or altering a petition is unlawful and establish penalties for misconduct in connection with petitions.
• Define the crime of issuing a check or draft when there are insufficient funds and establish penalties associated with this criminal offense.
• Establish the rules regarding when there is a presumption of fraud when a check or draft has been issued without sufficient funds to cover the check or draft.
• Provide information on posting notices in connection with issuance of checks or drafts without sufficient money or credit.
• Establish the legal rules regarding what occurs when a defendant possesses or receives forged instruments or bills.
• Establish a rule that general reputation can be used to prove incorporation in a criminal trial for forgery of bill of note for an incorporated company or bank.
• Establish the process by which an expert can prove forgery or counterfeit.
• Establish the rules for what occurs when official seals are counterfeit, when signatures of public officials are forged, or when fraudulent badges or IDS from a law enforcement agency are sold or possessed.
• Establish the definition of the crime of counterfeiting gold dust, gold bars, or other articles.
• Establish the rules regarding when a defendant can be charged for possessing or receiving counterfeit gold dust, silver, bullion, or bars.
• Establish the definition of the offense of counterfeiting stamps and labels.
• Establish the rules regarding goods containing forged stamps.
• Establish penalties for selling, displaying, or advertising goods that have a false trademark.
• Establish penalties for fraudulent registration of a trademark.
• Establish penalties for the offense of unlawfully operating an audiovisual recorder in a movie theatre.
• Establish penalties for the unlawful reproduction or sale of sound recordings.

Within each of the statutes contained within the forgery subsection of Chapter 205, there are specific elements of each type of criminal offense a prosecutor has to prove and there are also specific penalties set forth to impose punishments upon defendants who are found to have violated the law.

For example, the offense of counterfeiting stamps and labels is defined to include involvement of any sort with causing a stamp of a mechanic or manufacturer to be put onto counterfeit goods with the intention of defrauding the purchases or manufacturers of goods. If a defendant is convicted of having stamps placed on counterfeit goods, the defendant can be charged with a misdemeanor criminal offense. A defendant can be convicted not just for personally putting a stamp on counterfeit goods, but for causing such a stamp to be put onto these goods, wares, or merchandise.