Facts: Guy goes into WalMart and tries to put $2500 on a Gift Card. He hands the register clerk a check (so that she can use the handy electronic printout) Check is not signed. Check does not process. Bank is called and check has valid account number but not for the name on the check.

Is this a Forgery?

He possessed a forged instrument. He did that by having a piece of paper with some numbers that gave the appearance of identifying his bank account when that wasn't true. And, by trying to use it to transfer money onto a gift card, he proved he had the intent to defraud. That's forgery.

But this whole electronic check thing is crazy. Frankly, if a store is willing to run some random piece of paper through a machine and transfer money without checking on a signature, proper identification and keep a record of the transaction, why the heck should we clean up the mess with prosecution?

John, I agree, why clean up their mess? But I did charge him with id theft for the fake dl he had. Same offense level and no confusion to the jury (plus he's been convicted twice)

Why clean up their mess? and good luck getting Walmart to cooperate with a prosecution on any kind of check fraud. As it has been explained to me, Walmart sees check fraud as the cost of doing business and since does not mess up their inventory, not worth any effort. Shoplifting on the other hand does mess with inventory and therefore should be punished by public execution.