Worthless Documents:
Worthless documents include the following: non-sufficient funds (NSF) checks, account closed checks or no account checks, counterfeit checks, refer to maker of checks, forgery, offering a forged check, and financial transaction card fraud.
General:
Officers should make a report in the case of:
- NSF, account closed, refer to maker, stop payment or worthless electronic checks received within city limits that exceed $1,500 in a single transaction.
- Counterfeit checks, altered checks, forged checks, fraudulent or stolen checks, checking account opened using fraudulent information and any situation where an arrest is made.
Offering a Forged Check:
A check is not an instrument of credit. It is a conditional promissory note of payment, or a savings account with special provisions. Successful prosecution requires the account holder to sign an affidavit of forgery which dishonors the check and creates the crime of offering a forged check. Furthermore, the check must be accepted in person within the corporate limits of the City of Saint Paul. The individual or merchant who accepts the check is the victim and must be able to identify the person who offered the check. The officer should write an offense report.
Financial Transaction Card Fraud:
The person who accepts the credit card must be able to identify the suspect or prosecution is precluded. This should be noted in the offense report. An affidavit of forgery is required for each transaction since each transaction is a separate crime and the original affidavit is turned in with the worthless document report.
The elements of the crime of financial transaction card fraud require that the charge card is lost or stolen; the owner did not authorize the use of the card or account number; and the suspect is the person who made the charge. In either case, the suspect is booked and a new picture and fingerprint card is created. The suspect of the misdemeanor crime is then tagged and released, while the suspect in a gross misdemeanor or felony case is jailed.
Forgery:
An aggravated forgery occurs when the suspect alters or falsely makes, with the intent to defraud, any writing or object other than a check or financial transaction card; with the intent to defraud, makes, engraves, possesses or transfers a plate or instrument to create a writing, check, or financial transaction card; or with the intent to defraud, utters or possesses any forged writing or object other than a check or financial transaction card.
All other acts of forgery involve the intentional use, destruction, altering, possessing, misplacing, falsely making, or mutilating writings or objects in an act intending to injure or defraud another person. The report is entitled forgery and may include, for example, such items as a forged birth certificate, a forged marriage license, or a false college transcript or diploma. For successful prosecution, the victim must be able to identify the suspect presenting or possessing the forged object or writing.
Counterfeit Currency:
Write an offense report describing the circumstances of recovery, follow proper cash handling procedures (General Order 439.06: Money Storage) and turn the currency in as evidence.
Embezzlement:
The officer will write a police report documenting the basics of the crime. The fraud and forgery unit will review the report and contact the complainant.
Bank Fraud:
A suspect will use artificial means to inflate his/her bank account, usually by depositing fraudulent checks then making a series of withdrawals via ATM or teller.
Checks used are often from accounts opened for fraudulent purposes, checks from closed accounts, or checks stolen or taken in burglaries. The best indicator of a bank fraud is the dollar loss to the bank.
Evidence:
Turn any checks, documents, affidavits, sales slips, counterfeit currency, and security tapes provided as evidence shall be turned into the property room during business hours. Outside of business hours such evidence shall be turned into a property locker following procedures for turning in evidence/property.
Updated February 1, 2019