Fraud is a major crime that can have long-term repercussions if you are charged and found guilty. In Illinois, the law prohibits many different types of fraud, ranging from identity theft to insurance fraud. Understanding what constitutes fraud in our state is important for anyone who may face legal consequences due to their involvement with fraudulent activities. Here’s what you need to know about some of the most common types of fraud in Illinois… and others you may not know about.

Identity Theft and Deceptive Practices

Under Article 17, Subdivision 10 of the Criminal Code of 2012, identity theft occurs when someone uses another person’s personal information without their permission or knowledge for unlawful or fraudulent purposes. This type of fraud can include using another person’s name or Social Security number to open credit accounts or even stealing someone else’s mail. A conviction for identity theft can result in up to three years imprisonment and a fine of up to $25,000.

Computer Fraud

Computer fraud occurs when someone illegally accesses a computer or network with the intent to commit fraud or theft. You could be accused of stealing personal information, manipulating data or programs, altering or deleting files, or using any other means to unlawfully gain access to a system. Other ways of committing computer fraud may include using deception or false pretenses in order to gain control over another person’s account or system.

Forgery and Financial Institution Fraud

Under Article 17, Subdivision 20, it is illegal for individuals to forge checks or other documents with the intent to defraud someone else out of money or property. Additionally, this subdivision prohibits any form of financial institution fraud such as forging checks or using counterfeit credit cards. Conviction on these charges can result in one year imprisonment and fines up to $2,000.

Fraud on a Governmental Entity

It is also against the law for anyone to commit any type of fraudulent act against a government entity using a computer system. This includes using false pretenses, misrepresentation, and deception in order to obtain funds from the government entity. It may also include using stolen passwords or accessing protected information without authorization. Anyone who commits this type of crime can face serious criminal penalties and may even be liable for civil damages if their actions resulted in losses for the governmental entity involved.

Counterfeiting Currency

Article 17 subdivision 25 states that counterfeiting currency is prohibited and is considered a felony offense punishable by three years imprisonment and fines up to $25,000 for each offense committed. Counterfeiting currency includes reproducing fake coins and bills that are made with the intention to deceive someone else into believing they are real United States currency notes or coins issued by the government.

Insurance Fraud

Article 17, Subdivision 15 of the Criminal Code prohibits any form of insurance fraud. What exactly is insurance fraud? Generally speaking, it includes filing false claims or making false statements regarding a claim in order to reap financial benefits from an insurance provider. If convicted of insurance fraud, you face up to five years in prison and a fine of up to $25,000. It’s important for individuals charged with any type of fraud understand their rights under state law so they can make informed decisions about how best defend themselves against these charges legally. If you have been charged with any kind of fraud in Illinois it’s important you seek experienced legal counsel as soon as possible so you can get the best advice regarding your situation before taking further action.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

They often don’t receive a whole lot of news coverage, but people in Illinois are being charged with forgery crimes all the time.

Mohd Assaf, a former Chicago Housing Authority vendor, is facing several counts of forgery and theft for allegedly signing and depositing $193,000 in fake housing authority checks. Assaf owns a painting service and allegedly cashed fraudulent checks between Nov. 2016 and Feb. 2018.

In another case, an assessor in Kingstown Township is pleading not guilty to various charges, including forgery. Jennifer Cleveland, 49, is accused of forging documents regarding property her son purchased last year.

If convicted, both could suffer significant fines and incarceration.

What can you expect if you are facing forgery charges in Illinois? Depends on which type of forgery you are charged with.

Below, we’re going to detail the three types of forgery under Illinois law and explain how we can help you fight your charges.

Definition of Forgery in Illinois

It starts with knowing how the state statutes define forgery. According to Illinois law, a person can be charged with forgery under the following conditions:

• Making a false document with an intent to defraud someone
• Issuing a document while knowing it has been fraudulently altered
• Possessing an altered document with the intent to deliver or issue it
• Using an electronic signature in an unlawful manner
• Unlawfully using someone else’s signature device to create an electronic signature

If you have been charged with any of these actions, a knowledgeable Chicago criminal defense attorney can help you understand your charges.

The Three Types of Illinois Forgery and Their Penalties

Illinois law punishes forgery in three different classes.

A Class 3 felony applies to most circumstances of forgery. A conviction may result in 2-5 years in prison, up to 18 months of periodic imprisonment, up to 30 months of probation or conditional discharge, up to $25,000 in fines for each offense, and/or restitution for the offense(s).

If one Universal Price Code label (UPC) is forged, a Class 4 felony applies. A conviction may result in 1-3 years in prison, up to 18 months of periodic imprisonment, up to 30 months of probation or conditional discharge, up to $25,000 in fines for each offense, and/or restitution for the offense(s).

A Class A misdemeanor applies for forgery of an academic degree or coin. A conviction may result in up to one year in prison, up to two years of probation or conditional discharge, up to $2,500 in fines for each offense, and/or restitution for the offense(s).

Legal Assistance for Forgery Charges

Since a forgery conviction can result in serious consequences, you need the experienced help of an aggressive white crimes lawyer who will fight to protect your freedoms. Here are some of the most common defenses we use to battle forgery charges:

Lack of intent

A forgery conviction hinges on whether you acted with intent. If there is not enough evidence to support the idea that you acted with intent, your charges may be dropped.

Mistake of fact

Again, the evidence comes into question with this defense. A skilled attorney will be able to sift through the evidence and prove that you made an honest mistake instead of an intentional one.

Duress

If you were forced to forge documents under the threat that you or a loved one could face harm, the case against you may be dismissed.

It’s important to consult with a skilled criminal defense attorney as soon as charges are filed against you. We will gather evidence that supports your case and work hard to get your charges reduced, dropped, or dismissed. Call us today for a free case review.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.