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It is a crime in Illinois to write a check when the account has been closed or there are insufficient funds in the account to cover the check.
PC 476 check fraud primarily deals with making, passing, or attempting to pass, , fictitious, or altered checks with intent to defraud somebody out of money or property. Penal Code 476a, primarily deals with real checks you pass, or attempt to pass, with insufficient funds.
In the state of Illinois, it's possible to go to jail for writing a bad check. The crime of doing so falls under ?financial institution fraud,? and it's punishable by time in jail or in prison.
Finally, there's the possibility of criminal charges for deceptive practices. That's a Class A misdemeanor?maximum penalty 1 year and $1,000. It becomes a Class 4 felony?maximum 3 years?if you obtain at least $150 worth of property within 90 days with your bad check(s).
Section 17-3 also establishes the Illinois punishment for forgery. In most cases, Illinois classifies forgery as a Class 3 felony. The Illinois punishment for a Class 3 felony can include a prison sentence between two and five years as well as criminal fines up to $25,000.
Many people believe that check fraud, as a white collar crime, is not all that serious. In truth, if your charges of check fraud fall under the Illinois definitions of forgery or embezzlement, you could face felony charges and prison time.
Penalties for Check Fraud Under 720 ILCS 5/17-1, the commission of a ?deceptive practice? will generally be considered a Class A misdemeanor, which is punishable by up to one year in jail and a fine of $2,500. The law sets out several exceptions that will upgrade the offense to Class 4 felony, however.