PL- Session 9- Forgery, False Statements, Fraud Flashcards
(27 cards)
What is a written instrument?
Any instrument or article including computer data or program containing written or printed matter used for conveying information or value capable of being used for the advantage or disadvantage of some person.
What are the requirements for Forgery 3rd or Criminal Possession of a Forged Instrument 3rd?
- Forgery 3rd - Falsely making, compleitng, or altering a written instrument (any instrument including computer data, and vaccine cards)
- C.P.F.I 3rd - Knowingly possessing the same with unlawful intent
Both A Misd
What are the requirements for Forgery 2nd or Criminal Possession of a Forged Instrument 2nd?
Code Word: D-R P-O-T
- Forgery 3rd- Falsely making, compleitng, or altering a:
D = Deed, will, codicils (alters or modifies a will)
R = Record (public)
P = Prescription
O = Official government instrument
T = Things usable in place of money (checks, credit/ debit)
- C.P.F.I 2nd - Knowingly possessing the same with unlawful intent
Both D Felony
What are the requirements for Forgery 1st or Criminal Possession of a Forged Instrument 1st?
- Forgery 1st- Falsely making, compleitng, or altering money, stamps, corporate stocks, bonds, etc
- C.P.F.I 1st- Knowingly possessing the same with unlawful intent
Both C Felony
What constitutes a presumption of knowledge/intention to defraud under C.P.F.I.?
A person who possesses 2 or more forged credit/debit cards.
Can a person be convicted of both Forgery and C.P.F.I. for the same written instrument?
No.
What degree is Criminal Possession of Forgery Devices classified as?
D felony.
Therefore no appearance ticket
What is Criminal Simulation?
With intent to defraud, making or altering any object that appears to have antiquity, rarity, source, or authorship which it does not possess.
A Misd
- Not the same as trademark counterfitting
- Think paintings or putting cuban cigar lables on cheap cigars
What is criminal possession of an anti security item?
Possess such items for the purpose of overcoming security measures at a retail establishment
B Misd
Tin foil lined bag at a department store
Not the same as burglars tools
RARE
Explain unlawful use of slugs and its degrees.
- Slug is something used to trick a coin machine or some kind of vending machine into thinking money has been inserted
- 2nd Degree- Insert, deposit, make or possess with unlawful intent
- 1st Degree- Slug value more than $100
2nd- B Misd
1st- E Felony
What is the classification for Forgery of a V.I.N. and Illegal Possession of a V.I.N?
- Both E Felonies
- Presumption for possession- Any combination of 5 vehicles or parts of vehicles which V.I.N has been destroyed, altered, removed or not affixed properly
RARE
Article 175 False Written Statements
* Falsifying Business Records 1st and 2nd
* Tampering with Public Records 1st and 2nd
* Offering a false instrument for filing 1st and 2nd
* Issung a false certificate
* Issuing a false financial statement
Falsifying Business Records 1st and 2nd
* 2nd (A Misd) - Falsify records
* 1st (E Felony) - Commit 2nd with intent to commit or conceal another crime
Tampering with Public Records 1st and 2nd
* 2nd (A Misd) - Remove, destroy, conceal etc public records
* 1st (D Felony) - Commit 2nd with intent to defraud (typically the only reason this would be done)
Offering a false instrument for filing 1st and 2nd
* 2nd (A Misd) - Knowingly offer a false statement or information to a public officer or servant knowing it will becomr record
* 1st (E Felony) - Commit 2nd Degree with intent to defraud the government
Issung a false certificate
Issuing a false financial statement
Rare questions just be familiar with what they involve
What constitutes Issuing a Bad Check?
- Account has insufficient funds, and
- Defendant is aware
- Defendant intends to bounce the check
- Check in fact bounces
Presumptions:
* If drawer has insufficent funds, they know
* Intent to bounce= Drawer had no account at the time, or , Drawer had insufficent funds, and, check was cashed NMT 30 days later, and Bank had insufficent funds at that time
Defenses:
* Full satisfaction made within 10 days of bouncing
* Defendant was acting on bahalf of another as an employee
B Misd
What constitutes False Personation?
- After being told of the consequences
- Knowingly misrepresent name, D.O.B., or address
- To a police officer or peace officer
- With intent to prevent Police Officer/Peace Officer from ascertaining.
B Misd
What constitutes Criminal Impersonation 2nd Degree?
- Impersonate another (a real person)
OR - Pretend to be a representative of a person/organization
OR - Pretend to be a public servant to induce submission or solicit funds
OR - Impersonate another by Internet or electronic means or pretend to be a public servant
OR - Impersonate another by means of electronic signature
A Misd
What constitutes Criminal Impersonation 1st Degree?
- Impersonate a police officer or Federal Law Enforcement Officer and commit/attempt felony
OR - Impersonate a physician and orally call in a prescription to a pharmacy
E Felony
RARE
What constitutes Criminal Sale of a Police Uniform?
Sell police uniforms to a person without valid iID
A Misd
What constitutes Unlawfully Concealing a Will?
Preventing a valid will from being found for ones own benefit
E Felony
RARE
What constituites for Criminal Usury 1st and 2nd Degree?
Commonly referred to as loan sharking
- 2nd (E Felony) - Involves unlawfully lending money at a rate exceeding 25% per year
- 1st (C Felony) - Criminal Usury 2nd with prior conviction, or in the business of usurious loans
- Possession of Usurious Loan Records constitutes an A Misd
RARE
What constitutes Scheme to Defraud 1st and 2nd Degree?
- 2nd (A Misd) - Systematic, ongoing course of conduct with intent to defraud more than 1 person AND obtain property from at least one person
-
1st (E Felony) - Systematic, ongoing course of conduct with intent to defraud 10 or more persons and obtain property from at least 1 person,
OR
Intent to defraud M.T. 1 person and obtain property M.T. $1,000.
OR
Intent to defraud or obtain property from M.T. 1 person, M.T. 1 is a “vulnerable elderly person” and so obtains property from at least 1 person
Vulnerable Elderly is someone Over 60 suffering from a mental, physical, or emotional condition to the extent that they can not care for themselves
NOT YET TESTED COULD APPEAR
What constitutes Identity Theft 3rd Degree?
- Knowingly and with unlawful intent assume the identity of another AND obtains goods, money, property
OR - Uses another’s credit card.
A Misd
NOT YET TESTED COULD APPEAR
What constitutes Identity Theft 2nd Degree?
- Commit Identity Theft 3rd
AND - Have property obtained/financial loss M.T. $500
OR - Commit/attempt a felony.
E Felony
NOT YET TESTED COULD APPEAR
What constitutes Identity Theft 1st Degree?
- Commit Identity Theft 3rd
AND - Have property obtained/financial loss M.T. $2,000
OR - Commit/attempt a felony Class D or higher
OR
* Commit Identity Theft 2nd and have previoius Identity Theft or Grand Larceny conviction in last 5 years
D Felony
NOT YET TESTED COULD APPEAR
What constitutes Aggravated Identity Theft?
- Assume identity of a member of the armed forces who is presently deployed outside the continental U.S.
AND - Property obtained/financial loss M.T. $500.
