Post Fraud And Forgery

Front 1

What crimes are included in article 5 fraud and forgery

Back 1

This article consists of six parts:
1. Forgery, simulation, impersonation.
2. Fraud in obtaining property and services.
3. Fraudulent and deceptive sales and business practices.
4. Bribery and rigging of contests.
5. Offenses relating to the Uniform Commercial Code.
6. Financial Transaction Device Crime Act.

Front 2

Define “Falsely alter a written instrument”

Back 2

Means to change a written instrument without the authority of anyone entitled to grant such authority, whether it be complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or any other means, so that such instrument in its altered form falsely purports to be in all respects an authentic creation of or fully authorized by its ostensible maker.

Front 3

Define “Falsely complete a written instrument”

Back 3

To transform an incomplete written instrument into a complete one by adding, inserting, or changing matter without the authority of anyone entitled to grant that authority, so that the complete written instrument falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker

Front 4

Define “To falsely make a written instrument”:

Back 4

Means to make or draw a written instrument, whether complete or incomplete, which purports to be an authentic creation of its ostensible maker, but which is not, either because the ostensible maker is fictitious or because, if real, he did not authorize the making or the drawing thereof.

Front 5

Define “Forged instrument”

Back 5

Means a written instrument, which has been falsely made, completed, or altered.

Front 6

Define “Utter”:

Back 6

Means to transfer, pass, or deliver, or attempt or cause to be transferred, passed, or delivered, to another person any written instrument, article or thing.

Front 7

What are the elements of FORGERY CRS 18-5-102:

Back 7

Offender with the intent to defraud;
A written instrument which was purported to be, or which was calculated to become or represent if completed to have value

Front 8

What are the elements of 2nd DEGREE FORGERY CRS 18-5-104:

Back 8

-Offender with the intent to defraud;
-Falsely made/completed/altered/uttered;
-A written instrument of a kind NOT of inherent value.

Front 9

What are the elements to USE OF FORGED ACADEMIC RECORD CRS 18-5-104.5:

Back 9

-Offender with the intent to seek employment or with intent to seek admission to a public or private institution of higher education in this state; OR
-For the purposes of securing a scholarship or other form of financial assistance from the institution itself or from other public or private sources of financial assistance.
-Falsely;
-Made/completed/altered/uttered;
-A written instrument;
-Which purported to be, or was calculated to become or to represent if completed, a bona fide academic record of an institution of secondary or higher education.

Front 10

Define “Academic record”

Back 10

Means a transcript, diploma, grade report, and similar document of an institution of secondary or higher learning.

Front 11

What is CRIMINAL POSSESSION OF FORGED INSTRUMENTS:

Back 11

-These offenses involve the possession of forged instruments. The type of forged instrument possessed determines the degree of the offense.

Front 12

CRIMINAL POSSESSION OF A FORGED INSTRUMENT CRS 18-5-105:

Back 12

-Offender possessed a forged written instrument of the type specified in 18-5-102 Forgery;
-With knowledge it was forged;
-With the intent to defraud.

Front 13

What are the elements of CRIMINAL POSSESSION OF A 2ND DEGREE FORGED INSTRUMENT CRS 18-5-107;

Back 13

-Offender possessed a forged written instrument of a type specified in 2nd degree forgery;
-With knowledge it was forged;
-With the intent to defraud.

Front 14

What are the elements to CRIMINAL POSSESSION OF FORGERY DEVICES CRS 18-5-109

Back 14

-Offender, made/possessed any plate, die, or other device, apparatus, equipment, or article;
-Specifically designed for use in counterfeiting, unlawfully simulating, or otherwise forging written instruments;
-With knowledge of its character.
-With intent to fraudulently use it.

Front 15

What are the Elements to “Identity Theft”

Back 15

-Offender, unlawfully;
-Made, produced, possessed, uttered;
-A document-making implement knowing;
-That such document implement may be used or is used in the production of a false identification document or counterfeit mark or another implement for the production of false identification documents or counterfeit marks.

Front 16

What are the elements to CRIMINAL SIMULATION CRS 18-5-110:

Back 16

-Offender with intent to defraud;
-Made, altered, or represented any object in such a fashion that it appeared to have an:
-Antiquity
-Rarity
-Source
-Authorship
-Ingredient
-Composition
which the object did not in fact have; OR
-Passing or possessing item;
-The offender with knowledge of its true character;
-With intent to defraud;

Front 17

What are the elements to UNLAWFULLY USING SLUGS CRS 18-5-111:

Back 17

-Offender with intent to defraud the vendor of property or service sold by means of a coin machine;
-Knowingly inserted/ deposited/used/ a slug in such machine; OR
-The offender made/possessed/disposed of a slug/slugs;
-With intent to enable a person to use it/them fraudulently in a coin machine.

Front 18

Define “Coin machine”

Back 18

-Means any coin box, turnstile, vending machine, or other mechanical device designed to receive a coin, or bill or token

Front 19

Define Slug”

Back 19

-Means any object or article by virtue of its size, shape, or any quality, is capable of being inserted, deposited, or otherwise used in a coin machine as an improper but effective substitute for a genuine coin, bill or token.

Front 20

What are the elements to CRIMINAL IMPERSONATION CRS 18-5-113: as it relates to -Marriage:

Back 20

-Offender knowingly assumed a false identity/capacity and;
-In such identity/capacity;
-Married/pretended to marry/pretended to sustain the marriage relation toward another, without the connivance of the other.

Front 21

What are the elements to CRIMINAL IMPERSONATION CRS 18-5-113: as it relates to -Bail or Surety

Back 21

-Offender knowingly assumed a false identity or capacity;
-And in such capacity became bail or surety in a civil or criminal action before a court

Front 22

What are the elements to CRIMINAL IMPERSONATION CRS 18-5-113: as it relates to Subjecting Another to Civil/Criminal Penalty

Back 22

-Offender, knowingly assumed a false identity or capacity;
-And in such capacity did any act which if done by the person falsely impersonated would subject such person to a civil/criminal action/charge/forfeiture/penalty

Front 23

What are the elements to CRIMINAL IMPERSONATION CRS 18-5-113: as it relates to Self-Benefit or To Injure/Defraud Another

Back 23

-Offender, knowingly assumed a false identity or capacity
-And in such capacity did any act with intent to unlawfully gain a benefit for himself or another/injure/defraud another

Front 24

Define “Check”

Back 24

-Means a written, unconditional order to pay a sum certain, drawn on a bank, payable on demand, and signed by the drawer. Check, for the purposes of this section only, also includes a negotiable order of withdrawal and a share draft.

Front 25

Define “Drawee”

Back 25

Means the bank upon which a check is drawn or a bank, savings and loan association, industrial bank, or credit union on which a negotiable order of withdrawal or a share draft is drawn.

Front 26

Define “Drawer”

Back 26

Means a person, either real or fictitious, whose name appears on a check as the primary obligor, whether the actual signature is that of himself or of a person authorized to draw the check on himself

Front 27

Define “Insufficient funds”

Back 27

Means a drawer has insufficient funds with the drawee to pay a check when the drawer has no checking account, negotiable order of withdrawal account, or share draft account with the drawee or has funds in such an account with the drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance; and a check dishonored for “no account” shall also be deemed to be dishonored for “insufficient funds”

Front 28

Define “Issuing a check”

Back 28

A person issues a check when he makes, draws, delivers, or passes it or causes it to be made, drawn, delivered or passed.

Front 29

What are the Elements of Fraud by Check CRS 18-5-205: as related to Insufficient Funds

Back 29

-Offender with intent to defraud; and
-Knowing he had insufficient funds with the drawee;
-Issued a check for payment or services, wages, salary, commissions, labor rent, money, property, or other things of value

Front 30

What are the elements to CRIMINAL IMPERSONATION CRS 18-5-113: as it relates to check /Closed Account:

Back 30

-Offender with intent to defraud;
-Issued a check for payment of services, wages, salary, commissions, labor, rent, money, property, or other things of value;
-The check was drawn on an account which did not exist; or
-Which had been closed for a period of 30 days or more prior to the issuance of the check.

Front 31

What are the elements to CRIMINAL IMPERSONATION CRS 18-5-113: as it relates to Opening Account Under a False Name

Back 31

-Offender intentionally;
-Opened a checking account, negotiable order of withdrawal account, share draft account;
-Using false identification/an assumed name;
-For the purpose of issuing fraudulent checks.

Front 32

What are the elements to BAIT ADVERTISING CRS 18-5-303

Back 32

-Offender offered property or services in any manner, including advertising or other means of communication;
-As part of a scheme or plan;
-With intent, plan, or purpose not to sell or provide the offered property or service at all/at the price at which it was advertised/in a quantity sufficient to meet the reasonable expected public demand, unless the quantity offered is specifically stated in the advertisement

Front 33

What are the elements to ALTERING IDENTIFICATION NUMBER – POSSESSION CRS 18-5-305:

Back 33

-Offender with the intent that identification number of an article be hindered or prevented.
-Obscured an identification number, OR
-Offender with the intent that identification number of an article be hindered or prevented.
-In the course of business sold, offered for sale, or otherwise disposed of an article with knowledge that an identification numbers thereon was obscured.

Front 34

Define “Identification number”

Back 34

Means any serial or motor number placed by the manufacturer upon an article as a permanent identifying mark.

Front 35

Define Obscure”

Back 35

Means to destroy, remove, alter, conceal, or deface so as to render illegible by ordinary means of inspection.

Front 36

What are the elements to ISSUANCE OF BAD CHECKS CRS 18-5-512:

Back 36

-Offender issued/passed a check or similar sight order for the payment of money.
-Knowing that the offender/issuer had insufficient funds in or on deposit with the bank or other drawee for the payment in full of the check/order as well as all other checks/orders out standing at the time of issuance.

Front 37

Define “Insufficient funds”

Back 37

-Means not having a sufficient balance in account with a bank or other drawee for the payment of a check or order when the check or order is presented for payment and it remains unpaid for 30 days.

Front 38

Define Financial transaction device:

Back 38

-Means any instrument or device whether known as a credit card, banking card, etc… that can be used to obtain cash, goods, property, or services or to make financial payments, but SHALL NOT include a check.

Front 39

What are the elements of Unauthorized Use of a Financial Transaction Device CRS 18-5-702

Back 39

-Offender, with intent to defraud;
-With notice;
-That the device had expired or been revoked or been canceled or unauthorized use by issuer or account holder;
-Used device for purpose of obtaining cash, credit, property, services, of for making financial payment.

Front 40

What are the elements to Criminal Possession or Sale of a Blank Financial Transaction Device CRS 18-5-705

Back 40

-Possession with intent to Use/Deliver/Circulate/Sell
-Offender, without authorization of issuer/manufacturer
-Possessed/Controlled/Received from another person
-A financial transaction device which has not been embossed or magnetically encoded with information of the account holder,

Front 41

Define “Blank Financial Transaction Device”

Back 41

is one that has at least one or more characteristics of a financial transaction device but does not contain all of the characteristics of a completed financial device

Front 42

What are the elements to Criminal Possession of Forgery Devices CRS 18-5-706

Back 42

-Offender possessed
-Any tools, equipment, or other devices adapted, designed or commonly used for committing or facilitating the commission of
-Any offense involving the unauthorized manufacture or alteration of a financial transaction device
-And, the offender intended to use the thing possessed in the commission of such offense.

Front 43

What are the elements Unlawful Manufacture of a Financial Transaction Device CRS 18-5-707

Back 43

-Offender, with intent to defraud
-Falsely made, manufactured, Falsely Altered, or Falsely Completed a financial transaction

Front 44

What are the elements to Identity Theft (Unlawful Use)

Back 44

-Offender, knowingly used;
-Personal identifying information, financial identifying information, or financial device;
-Of another;
-Without permission or authority to;
-Obtain cash, credit, property, services or any other thing of value

Front 45

.
What are the elements to Identity Theft (Unlawful Possession)

Back 45

-Offender, knowingly possessed;
-Personal identifying information, financial identifying information, or financial device;
-Of another;
-Without permission or authority;
-With intent to use or aid or permit some other person to use such information or device to;
-Obtain cash, credit, property, services or any other thing of value

Front 46

What are the elements to Identity Theft (Falsely Makes or Completes)

Back 46

-Offender, with intent to defraud;
-Falsely made, completed, altered, or uttered;
-A written instrument or financial device;
-Containing personal identifying information or financial identifying information to another.

Front 47

What are the elements to Identity Theft (Unlawful Use in Credit Application)

Back 47

-Offender, knowingly possessed;
-Personal identifying information or financial identifying information of another;
-To use in applying for or completing an application for a financial device or other extension of credit.

Front 48

What are the elements to Identity Theft (Unlawful to use to Obtain Government Issued Document)

Back 48

-Offender, knowingly;
-Used or possessed;
-The personal identifying information of another;
-Without permission or lawful authority;
-With the intent to obtain a government issued document.

Front 49

What are the elements to Criminal Possession of a Financial Device (18-5-903):

Back 49

-Offender, had in his possession or control;
-Any financial device;
-That the offender knew, or reasonably should have known;
-To be lost, stolen, or delivered under mistake as to the identity or address of the account holder.

Front 50

What are the elements to Gathering Information by Deception: CRS 18-5-904

Back 50

-Offender, knowingly;
-Made or conveyed a materially false statement;
-Without permission or lawful authority;
-With the intent to obtain, record, or access;
-Personal identifying information or financial identifying information of another.

Front 51

What are the elements to Possession of Identity Theft Tools CRS 18-5-905

Back 51

-Offender, possessed;
-Any tools, equipment, computer, computer network, scanner, printer, or other article adapted, designed, or commonly used for committing or facilitating the commission of the offense of identity theft as described in 18-5-902, and;
-Intended to use the thing possessed or knew that another person intended to use the thing possessed;
-In the commission of the crime of identity theft.