Newsletters

Check Kiting, Improper Personal Loans to Banking Officers, and Overdrafts

Check kiting is a crime that involves one or more individuals who utilize checking accounts at two or more financial institutions. The purpose of using two or more institutions is for the systematic exchange of checks written in similar amounts. The individual uses the lag time that it takes to clear checks through the Federal Reserve System to use and collect the money.

CRUELTY TO ANIMALS

A person commits the offense of cruelty to animals if he or she intentionally or knowing tortures an animal, fails to provide food, care, or shelter for an animal, abandons an animal, transports or confines an animal in a cruel manner, kills or seriously injures an animal that belongs to another person, or causes an animal to fight with another animal.

Unlawful Flight Offenses

It is unlawful to flee to avoid custody or confinement, flight warrants, to avoid giving testimony, or to avoid service of process. The penalties associated therewith vary in duration and severity.

SEARCH & SEIZURE - INVESTIGATIVE STOPs

If a police officer has a reasonable basis for believing that a person is involved in criminal activity or is about to be involved in criminal activity, the officer has a right to make an investigative stop of that person. Another name for an investigative stop is a "Terry Stop," which name is taken from the United States Supreme Court case of Terry v. Ohio. The officer may make the stop even though he or she does not have probable cause for an arrest. The purpose of the stop is to investigate criminal activity and not to make an arrest.

Bankruptcy Fraud

Fraud is prevalent in bankruptcy proceedings. A debtor, creditor, or fiduciary may be charged with bankruptcy fraud. For example, individuals may attempt to transfer assets to others prior to filing for bankruptcy protections. There are numerous acts listed under federal statutes that constitute bankruptcy fraud. A common thread that runs through all of the acts is that the defendant act in a knowing fashion. A knowing fashion means that the defendant act in a voluntary and intentional manner. The prosecution may show that the defendant acted in a fraudulent manner by way of direct or circumstantial evidence.