Richmond Virginia Fraud Laws

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Under the Virginia Code Title 18.2, there is number of crime that comes under fraud. Majority of them are Class 1 felonies. The major fraud-related crimes include:

  • Forgery
  • Identity Theft
  • Credit Card Fraud

Forgery

In Richmond Virginia, forgery is taken very seriously. Forging a monetary bill or a coin is considered a Class 5 misdemeanor which can result in a one to ten years of imprisonment and/or up to a $2500 fine.

Forging a public record or knowingly using a forged record as it was authentic is considered a Class 4 misdemeanor and the offender can face two to ten years of imprisonment and/or a $100,000 fine.

False pretenses

Under the Virginia law, using a false pretense to obtain the property or monetary belongings of another person can lead to harsh penalties:

  • If the value of it is above $200: one to twenty years of imprisonment
  • If the value of it is below $200: up to 12 months of imprisonment and/or a $2500 fine

An individual can also face two to ten years of imprisonment and/or a $100000 fine for false pretense if:

  • They use it to obtain the signature of another individual with the intent to use it for forgery
  • They design or have tools to create a forgery with the intent to use it

 Bad Checks and Check Fraud

Under the VA code § 18.2-181, “Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company, or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or another depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny; and, if this check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony. In cases in which such value is less than $200, the person shall be guilty of a Class 1 misdemeanor. The word “credit” as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or another depository for the payment of such check, draft or order. Any person making, drawing, uttering or delivering any such check, draft or order in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein.”

Identity Theft

Under the VA Code § 18.2-186.3, identity theft is divided into three categories according to the objective of the crime:

  • With the intent to defraud for the use of the perpetrator or a third person
  • with the intent to sell or distribute the information to another
  • to avoid summons, arrest, prosecution or to impede a criminal investigation

The VA Code § 18.2-186.3(C) states that the identifying information includes but is not limited to:

“i) name; (ii) date of birth; (iii) social security number;(iv) driver’s license number; (v) bank account numbers; (vi) credit or debit card numbers; (vii) personal identification numbers (PIN); (viii) electronic identification codes; (ix) automated or electronic signatures; (x) biometric data; (xi) fingerprints; (xii) passwords; or (xiii) any other numbers or information that can be used to access a person’s financial resources, obtain identification, act as identification, or obtain goods or services.”

Credit Card Fraud

An individual would be guilty of credit card fraud if they:

  • Use an expired or revoked card number to obtain something of value
  • Make a false claim of being an owner of someone else’s credit card to something of value from it
  • Are able to get something of value using a false card or number
  • Use their card to purposely get more money than their draft amount allows

Under the VA Code § 18.2-195, “conviction of credit card fraud is punishable as a Class 1 misdemeanor if the value of all money, goods, services and other things of value furnished in violation of this section, or if the difference between the value of all money, goods, services and anything else of value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed $200 in any six-month period; conviction of credit card fraud is punishable as a Class 6 felony if such value exceeds $200 in any six-month period.”