Over the years, there has been a gradual shift in the method consumers use to make their payments. In the beginning, the only option was cash, followed by a shift to checks for the added security of the money that people had. In more recent years, there has been a transition to debit and credit cards as the primary payment option. Still, checks are used as a form of payment for many and also in bill pay options. Occasionally, an automatic check payment is mailed directly from the bank.  

As a payment is scheduled in advance, the account owner may potentially forget that a deduction will occur and by the time the check is withdrawn from the account, there is simply not enough money to cover the funds requested. If this happens even once, the bank will sometimes make the payment and charge additional fees for the inconvenience. Although, consistently writing bad checks can result in significant legal trouble.

The Offense

A consumer may write a check to a bank for money they do not have in the account and also a company can write a bad check to an individual, such as an employee. To knowingly do so is considered to be a deceptive practice, which is illegal. Although the first offense can be prosecuted, evidence of prior knowledge is indeed accumulated by the second and third offenses.

There are several different types of crimes, and white collar crimes are some of the most complicated kinds of cases to defend. Most white-collar crimes are financial crimes. However, contrary to popular belief, they are not crimes committed only by the wealthy and powerful.

Types of White Collar Crimes

White collar crime is not an official crime designation under the law. Generally, the term white-collar crime is used to refer to non-violent property crimes. Often, they have a financial component. The following examples of crimes in Illinois are widely considered to be white-collar crimes:

• Credit card fraud;
• Writing bad checks;
• Embezzlement;
• Identity theft;
• Securities fraud;
• Insurance fraud; and
• Bribery tax fraud.

Common Defenses