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The Gregg County District Attorney's office is seeking information about electronic checking in the community. We have a question as to when a vendor takes a check and runs it through the electronic checking system and returns the check to the individual.

If the check turns out to be a forgery, how can we end up prosicuting the case when the evidence goes out the door with the individual?

We are having several incidents in this area with forgery involving the electronic checking and in each case the evidence has walked out the door with the forger. cool

Posts: 1 | Location: Longview, Gregg County U.S. | Registered: January 14, 2002Reply With QuoteReport This Post
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We just had a deputy come to us with a case like that in Montgomery County. Seems WalMart is testing the system down here. What we have found is that although the check is returned, the actor still signs a receipt. You still have some evidence of an act purported to be that of another. That receipt contains information similar to the returned check. Although it is not a check, it is likely a sight order as anticipated in 32.22. You should still be able to make the case for a State Jail Felony.

Caveat: I have not taken much time to look at the paper the deputy provided me as a sample. I got it on my way out the door and am out of the office for a week.

I suspect this is an issue of growing concern. Any one else prosecuted one of these yet?

Posts: 374 | Location: Houston, TX | Registered: July 25, 2001Reply With QuoteReport This Post
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In our community Wal-Mart is also using the electronic draft. The cashier takes the check and presumbly the information on the writer and after approval gives the check back to the writer and has that person sign a slip. I agree that the slip my be a similar sight order. The problem I see is that Wal-Mart's agreement with the company is that they (wal-mart) is getting paid regardless if the checks clear. Wal-Mart pays a fee per transaction for the guarantee of payment.
The problem that I see is that the company will probably want at some time to collect on the "hot checks" or the forgeries. What kind of information is the company going to bring your office about the "perp"? I can just see a hot check case when you try to explain to the jury that the check with all that important information on it was given back to the person writing the check.
Posts: 41 | Location: greenville, texas usa | Registered: February 19, 2001Reply With QuoteReport This Post
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