Fraud

Fraud

Fraud is the act of obtaining personal information or property through intentional acts of deception, theft, or coercion.  In NC a fraud offense can be classified as either of misdemeanor or felony.

Fraud charges are complex and can involve a lot of different aspects.  Some types of fraud charges include the following:

Obtaining Property by False Pretense NCGS 14-100

  • If any person shall knowingly and designedly by means of any kind of false pretense whatsoever, whether the false pretense is of a past or subsisting fact or of a future fulfillment or event, obtain or attempt to obtain from any person within this State any money, goods, property, services, chose in action, or other thing of value with intent to cheat or defraud any person of such money, goods, property, services, chose in action or other thing of value.
  • This offense is a Class C Felony if the value of the money, goods, property, services etc. is more than $100,000.
  • This offense is a Class H Felony if the value of the money, goods, property, services etc. is less than $100,000

Embezzlement NCGS 14-90

  • Any person is guilty of embezzlement if they are employed at a company, steals company funds.
    • This offense is a Class C Felony if the is more than $100,000.
    • This offense is a Class H Felony is the value is less than $100,000

Possession or Manufacture of Certain Forms of Identification

NCGS 14.100.1

  • It is unlawful for any person to knowingly possess or manufacture a false of fraudulent form of identification such as:
    • An identification card containing a picture, issued by any department, agency, or subdivision of the State of North Carolina, the federal government, or any other state.
    • A military identification card containing a picture.
    • A passport.
    • An alien registration card containing a picture.
  • This offense is a Class 1 Misdemeanor

Identity Theft NCGS 14-113.20

  • A person who knowingly obtains, possesses, or uses identifying information of another person, living or dead, with the intent to fraudulently represent that the person is the other person for the purposes of making financial or credit transactions in the other person’s name, to obtain anything of value, benefit, or advantage, or for the purpose of avoiding legal consequences.
  • Types of identifying information includes:
  • Social security or employer taxpayer identification numbers.
  • Drivers license, State identification card, or passport numbers.
  • Checking account numbers.
  • Savings account numbers.
  • Credit card numbers.
  • Debit card numbers.
  • Personal Identification (PIN) Code as defined in S. 14-113.8(6).
  • (8)        Electronic identification numbers, electronic mail names or addresses, Internet account numbers, or Internet identification names.
  • (9)        Digital signatures.
  • (10)      Any other numbers or information that can be used to access a person’s financial resources.
  • (11)      Biometric data.
  • (12)      Fingerprints.
  • (13)      Passwords.
  • (14)      Parent’s legal surname prior to marriage
  • This offense is considered a Class G Felony.
  • This offense could be considered a Class F Felony if:
    • the victim suffers arrest, detention, or conviction as a proximate result of the offense,
    • the person is in possession of the identifying information pertaining to three or more separate persons.

Misuse of the 911 System NCGS14-111.4

  • It is unlawful to contact the 911 system if a person is not seeking public safety assistance.
  • Any person knowingly misusing the 911 system is guilty of a Class 1 Misdemeanor.

Financial Transaction Card Fraud (Credit Card Fraud) NCGS 14-113.13

  • A person is guilty of financial transaction card fraud when, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value.
  • This offense is considered a Class I felony

Forgery/Counterfeit Instruments  NCGS 14-119

  • It is unlawful for any person to forge or counterfeit any instrument, or possess any counterfeit instrument, with the intent to injure or defraud any person, financial institution, or governmental unit. This offense is considered a Class I felony.
  • It is unlawful for any person to transports or possesses five or more counterfeit instruments with the intent to injure or defraud any person, financial institution. This offense is considered a Class G felony.

There are many different types of fraud in North Carolina and punishment can range from paying restitution to jail time.  An accomplished Fraud Attorney can help to defend these charges and obtain the best solution. 

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