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Under California state law, Penal Code § 476a is how check kiting is prosecuted. To be convicted of this, the prosecution must prove that one knowingly wrote a check knowing there were insufficient funds to cover the full amount of the check and in doing so, hoped to obtain something in return for passing the check.
Jan 21, 2020 · The legislative history makes it clear that the bank fraud statute is intended to apply to check-kiting cases, see S.Rep. No. 98-225 at 378, as well as to supplement 18 U.S.C. § 2113 when financial institution property is obtained by false pretenses in the absence of common law "taking and carrying away" of the property.
Jul 05, 2013 · Penal Code 476a PC is the California statute that defines the crime commonly referred to as “ bad checks.” This section makes it a crime for a person to: write or pass a check, and do so while knowing that there are insufficient funds to cover payment of the check.Author: Dee M.
Dec 12, 2014 · Under Penal Code 476 PC, California law makes it a crime for a person to make, write, or pass a fake or fraudulent check. Commonly known as check fraud , this offense can be filed as a misdemeanor or a felony and carries a maximum sentence of up to 3 years in jail.Author: Dee M.
Penal Code, § 476a (nonsufficient funds, also known as “check kiting”), if the total amount of the checks is less than $950, and the defendant does not have three or more priors for violating Penal Code, §§ 470, 475, or 476. Penal Code, § 496 (receiving stolen property), if the value of …
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