Check Fraud Division

General Information


 
The Check Fraud Division is responsible for investigating and prosecuting the offense of theft by check. This Office takes the reports of criminal conduct directly from the victim and then attempts to collect the restitution for loss. If the office is unable to obtain restitution, we prosecute the crime by filing a criminal case. The offense of Theft by Check occurs when an individual presents a check in exchange for goods or services and the check is not honored by the financial institution because of insufficient funds, a closed account, or a stop payment order.

The division currently has one attorney, one investigator, and one full time administrator. The check division handles cases involving counterfeit money or merchandise, as well as forgery of financial documents and other related crimes such as Identity Theft or Engaging in Organized Criminal Activity.

Frequently Asked Questions:



Q: Is it a theft check case or issuance of a bad check case?

A: Under Texas law, a person commits a theft of property or services  if that person unlawfully appropriates property or secures performance of a service from the owner by deception. Inducing an owner to give up property by giving the owner a check which the issuer knows will be dishonored by the bank qualifies as deception if the owner provided the goods in good faith reliance that the check would be honored by the bank on which it was drawn. The key under the law is that the owner must give the merchandise at the time the check writer gives the check. Furthermore, inducing a provider of services to provide services by giving the provider a check which the issuer knows will be dishonored by the bank qualifies as deception if the service provider provided those services in good faith reliance that the check would be honored by the bank on which it was drawn. Again, the key under the law is that the owner must provide the services at the time the check writer gives the check.

Please note that the following types of checks do not qualify under this criterion:

1. Held Checks
2. Post-Dated Checks
3. Payroll Checks
4. Checks for Debts Owed

In the case of a check like the ones listed above, the check writer may have committed the crime of Issuance of a Bad Check. If our office reviews the complaint and determines this is the case, we will file a Class C Misdemeanor with the Justice of the Peace in the precinct where the check was passed.
 

Contact Us



Taylor County Plaza Building
400 Oak Street, Suite 110
Abilene, Texas 79602

Phone: 325-674-1360
Fax: Upon Request

Hours:
Monday-Friday 8:00-12:00
   Closed 12:00-1:00