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New Jersey Fraud & Forgery Crimes

Contact Rosenberg | Perry & Associates for consultation regarding fraud and forgery charges in Burlington County, New Jersey.

What Are Fraud & Forgery Crimes?

Fraud and forgery crimes in New Jersey can take place on a small or large scale. Generally, the motivation behind fraud and forgery – whether committed by individuals or business – is to either obtain or avoid losing money.

It includes forgery, bribery, extortion, insider trading, cybercrime, tax evasion, embezzlement, labor racketeering, copyright infringement, counterfeiting, Ponzi schemes, money laundering and all types of fraud.

New Jersey criminal law N.J.S.A. 2C:21-1 prohibits fraudulent actions and deceitful conduct. These charges commonly relate to bank or check fraud allegations or identity theft charges. Writing and cashing bad checks includes a charge of forgery.

Fraud

Fraud is deliberate deception with an intended result of financial or personal gain or to deprive a victim of a legal right. Types of fraud include:

  • Check fraud
  • Welfare fraud
  • Identity theft
  • Charities fraud
  • Healthcare fraud
  • Credit card fraud
  • Insurance fraud
  • Computer fraud
  • Mortgage fraud
  • Securities fraud
  • Mail and Wire fraud
  • Medicaid fraud
  • Payroll fraud
  • Workers’ compensation fraud
  • Bankruptcy fraud
  • Computer fraud
  • Mortgage fraud
  • Securities fraud
  • Mail and Wire fraud
  • Medicaid fraud
  • Payroll fraud

Proof of Fraud

In most cases, to be convicted of fraud in New Jersey, proof of the following five elements are necessary:

  1. The defendant made a false representation of a fact or facts.
  2. The defendant either knew or believed the fact or facts to be false.
  3. The defendant intended to defraud, mislead or deceive.
  4. The victim believed the defendant’s false representation, justifiably relied on it and either took an action or decided not to take an action in response to it.
  5. The victim suffered a legal injury as a result of the misrepresentation by the defendant.

Credit Card Fraud in NJ

In New Jersey, credit card fraud is different from other fraud cases as there are a number of offenses, including credit card theft, that are categorized as credit card fraud, including:

  • Making false statements to get a credit card
  • Intent of cardholder to defraud
  • Intent to defraud by a person authorized to furnish money, goods, or services
  • Incomplete credit cards with the intent to complete them without consent
  • Receiving items of value knowing (or believing) that the items were obtained fraudulently
  • Fraudulent use of credit cards
  • Credit card theft

Credit Card Theft

Credit Card Theft falls under N.J.S.A. 2C:21-6(c). There are a number of ways credit card theft can occur, including, but not limited to:

  • Applying for a credit card using false statements.
  • Altering a credit card to increase the credit limit without authorization.
  • Using or attempting to use someone else’s credit card without their consent.
  • Using an electronic device to read someone else’s credit card

Forgery

Forgery is an action with the intent to deceive another with a false document, signature, or other imitation of an object of value. Documents that can be the object of forgery include contracts, identification cards, and legal certificates, such as writing a check on a closed account known to be closed, forging another’s name or forging a prescription.

The elements of forgery are:

  1. The defendant acted purposefully to defraud another. A jury is instructed by the Judge that they may “infer” that the defendant had knowledge or purpose from the fact the defendant was attempting to cash a forged instrument;
  2. The conduct must involve a writing (e.g., a check or contract) of another; and
  3. The writing was altered without the knowledge of the other person.
  4. The writing was presented to a third party and purports to be from another.

Forgery: Second, Third, Fourth Degree

The level of a forgery crime depends on the subject of the forgery. Making or selling government ID documents is recognized as second-degree forgery. Forgoing a prescription is a crime of the third degree. There are other specifically enumerated documents that are various degrees.

All circumstances that are not specified are crimes of the fourth degree. An example of a fourth-degree forgery would be the forgery of a name to a savings account on a withdrawal slip.

Why You Need a New Jersey Fraud and Forgery Lawyer

Punishments for fraud and forgery are stiff, and can have a major impact on your finances and freedom. They often take months of investigation before the police make an arrest and prosecutors press charges. You need an attorney to help walk you through the investigation and legal proceedings, offering sound advice on when and how to cooperate in the investigation.

If you have been questioned by an investigator — or you have already been charged — hiring an experienced fraud and forgery attorney is a necessity, not a luxury. You need competent counsel with an understanding of how these financial crimes are prosecuted and how to defend against those charges.

No one is ever guilty unless or until he or she pleads guilty or is found guilty by a jury. In order to obtain a conviction, the State must prove every element of the crime beyond a reasonable doubt.

Call Rosenberg | Perry & Associates – we have deep experience in fraud and forgery cases in New Jersey and will make sure your case is properly defended.

Schedule a free consultation to discuss how we can help protect your rights.

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