The Division is responsible for processing and follow-up investigation of any Non-Sufficient Funds or Account Closed checks that are submitted for criminal prosecution.
Victims of bad checks, who are considering criminal prosecution of a suspected bad check writer, must submit the original check(s) in question, or what is provided to them by the bank, along with the statutorily-mandated fee of $10.00 per check.
Should the victim so desire, a criminal arrest warrant may be issued for the check writer. In order to successfully prosecute bad check offenders, it is necessary that we receive certain information about the bad check writer. This increases our chances of proving the case in court and obtaining full restitution for the victim.
You may establish your own business or personal procedures regarding what types of checks you will accept. For purposes of criminal prosecution, however, you should not accept a check from any individual who cannot produce a valid photo identification that matches the account name on the check. The most helpful information for merchants to note on a check they are receiving is the date of birth of the individual, and the driver’s license number with issuing state. This information should always be written on the check by the merchant’s employee rather than the check writer. Your employee should also note that they compared the photo ID to the check writer with a notation such as, “I.D. checked.” Furthermore, your employee should note their own initials on the check to identify the employee who received the check. This is necessary because it is often most difficult to prove in court the person who wrote the bad check is the same as the person charged with the crime.
To help us collect the information, please complete our Request for Criminal Prosecution on Bogus Checks form. The information is vital to obtain an arrest warrant and prove the identity of the issuer of the bad check. Although we take the initial steps toward obtaining restitution for you, without your cooperation we may not be able to prosecute the case.
Please contact our office at (308) 236-1289 if you have questions.
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