Fraud

Question 1

What identifying information is typically involved in Identity Theft?

Answer 1

Name, Date of Birth (DOB), Social Security Number (SSN), Driver’s License (DL) number, bank account information, passwords, or any other personal identifying information.

Question 2

What are the elements of Identity Theft (1st Option - Stealing Info)?

Answer 2

1. Intent to defraud.
2. Obtaining someone else’s identifying information without permission.
3. The information belongs to a real person.

Question 3

Identity Theft

Does a loss or gain need to occur for the act of obtaining identifying info with dishonest purpose to be illegal?

Answer 3

No. Simply obtaining the information with a dishonest purpose (intent to defraud) is enough, even if nothing is done with it and no financial loss or gain occurs.

Question 4

What is the monetary threshold that makes Identity Theft (obtaining info/money/goods) a felony?

Answer 4

If $1,000 or more in money, credit, loans, goods, or services is obtained using the stolen information.

Question 5

What is the purpose of Identity Theft under the “2nd Option” (Avoiding Prosecution)?

Answer 5

The sole purpose is to use someone else’s identifying information to avoid a summons, arrest, prosecution, or to impede an investigation. Doesn’t have to be a real person.

Felony is that person is actually arrested

Question 6

What are the elements of Identity Theft (2nd Option - Avoiding Prosecution)?

Answer 6

1. Using identifying information of someone else.
2. Doing so to avoid summons, arrest, prosecution, or impede an investigation.

Question 7

For Identity Theft (2nd Option - Avoiding Prosecution), does the identity used have to belong to a real person?

Answer 7

No, it does not necessarily have to be a real person’s identity.

Question 8

When does Identity Theft (2nd Option - Avoiding Prosecution) become a felony?

Answer 8

If the victim whose identity was used ends up getting arrested as a result.

Question 9

What constitutes Identity with Intent to Intimidate, Coerce, or Harass?

Answer 9

Publishing someone’s name or photo along with their identifying information with the specific intent to intimidate, coerce, or harass that person. (e.g., posting an ex’s info online telling people to harass them).

Question 10

Is publishing publicly available warrant information considered Identity Theft with Intent to Harass?

Answer 10

No, probably not

Question 11

Elements of Forgery

What does it mean to “forge”?

Answer 11

• Making a false writing that has legal significance (legal efficacy).
• Materially altering a genuine document (e.g., changing a check amount).
• Putting a wrong or made-up name on a real document.
• Signing one’s real name on a false document.

Question 12

What is the required intent for Forgery?

Answer 12

Intent to defraud. This intent must exist at the time of the forgery and is often assumed. It doesn’t matter if the forged item is never used (“uttered”).

Question 13

What is the third element of Forgery mentioned in the notes?

Answer 13

The forgery must be to the “prejudice of another right” (e.g., affecting someone’s financial rights via a forged check).

Question 14

What types of items can be considered “writing” in a forgery case?

Answer 14

Almost anything: city tax stamps, deeds, electronic signatures, applications, checks, magazine covers, even a forged signature on a basketball.

Question 15

If someone possesses a forged check and claims to be the payee, what can be assumed?

Answer 15

Forgery can often be assumed based on possession and claim.

Question 16

Is Forgery a felony or misdemeanor?

Answer 16

FELONY

Question 17

What is “Uttering”?

Answer 17

The act of using or presenting a forged instrument, such as putting a forged check into circulation or attempting to pass it off as genuine.

Question 18

Is Uttering a felony or misdemeanor?

Answer 18

FELONY

Question 19

Can a person be charged with both Forgery and Uttering for the same forged item?

Answer 19

Yes, they are separate charges.

Question 20

Does the “single larceny doctrine” apply to Identity Theft, Forgery, or Uttering?

Answer 20

No. Each act can be charged separately.

Question 21

What constitutes Forgery of a Public Record?

Answer 21

Forging any public record, book, paper, letter, document, photograph, tape, map, fingerprint card, police summons, jail card, driver’s license application, community service report, etc.

Question 22

Is direct evidence (eyewitness) required to prove forgery of a public record (like signing at a magistrate’s office)?

Answer 22

No, circumstantial evidence is sufficient.

Question 23

Where is the proper venue for Forgery, Uttering, or Forgery of a Public Record?

Answer 23

• County/city where the item was forged.
• County/city where the item was used or attempted to be used (uttered).
• County/city where the forged item is found in possession.
• County/city where the issuer or account holder sustained a loss.

Question 24

Is Credit Card Theft a felony or misdemeanor?

Answer 24

FELONY

Question 25

What intent is required for Credit Card Theft?

Answer 25

Proof of knowledge (that possession is unauthorized) OR intent to defraud .

Question 26

Describe Credit Card Theft by (A) Unlawful Possession.

Answer 26

Taking/keeping someone else's card/number without consent; OR keeping a lost, mislaid, or mistakenly delivered card/number with intent to use, sell, or transfer

Question 27

Describe Credit Card Theft by (B) Trafficking

Answer 27

Buying or selling a credit/debit card or card number (unless you are the issuer).

Question 28

Describe Credit Card Theft by (C) Improper Holding.

Answer 28

Receiving a card/number as security for a debt, knowing/believing it was improperly obtained, OR with intent to use/sell/transfer it improperly

Question 29

Describe Credit Card Theft by (D) Forgery/Alteration.

Answer 29

Falsely making, embossing, or altering a credit/debit card or number with intent to defraud.

Question 30

Describe Credit Card Theft by (E) Unauthorized Signing.

Answer 30

Signing a credit/debit card on behalf of the cardholder without their permission, with intent to defraud.

Question 31

Does Credit Card Theft apply only to credit cards?

Answer 31

No, it applies to both Debit OR Credit cards.

Question 32

Is an employee using a corporate credit card for personal expenses considered Credit Card Theft under this statute, according to the notes?

Answer 32

No, because the employee was already in lawful possession of the card.

Question 33

Where is the proper venue for Credit Card Theft?

Answer 33

* Where the crime occurred. * Where the cardholder sustained financial loss. * Where the cardholder resides. * Where the card was attempted to be used.

Question 34

Is Credit Card Fraud always a felony?

Answer 34

Not always. It depends on the amount involved ($1000 rule).

Question 35

What is the required intent for Credit Card Fraud?

Answer 35

Intent to defraud. The person must have known the card/number was stolen, forged, expired, or revoked.

Question 36

List acts that constitute Credit Card Fraud

Answer 36

* Using a card/number known to be stolen, forged, expired, or revoked. * Allowing someone else to use such a card/number. * Charging a card but failing to provide the agreed-upon goods/services. * Charging more than authorized by the cardholder. * Overdrawing at an ATM using a card/number improperly.

Question 37

In the context of Credit Card Fraud statutes, why might employee misuse NOT be considered embezzlement?

Answer 37

Because the bank (card issuer) is typically considered the victim under these specific fraud statutes, not the employer directly. (Employee fraud could be a separate charge).

Question 38

What is the venue for Credit Card Fraud?

Answer 38

The notes indicate it's broad but question if it's identical to Credit Card Theft venue. It likely includes: where the crime occurred, financial loss was sustained, cardholder resides, or attempted use occurred. (Uncertainty noted)