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Bad Check Restitution Program
A bad check restitution program (BCRP) is a program in the United States that works to retrieve funds from bad check writers in order to repay moneys owed to the recipients of the checks. In other words, these are debt collection operations. Many of these programs are operated by private companies that add fees that may exceed $200, regardless of the amount of the check. They call these operations "bad check enforcement," or "bad check restitution," or "bad check diversion." Sometime, these programs are actually run in house by real prosecutors. The private companies send check writers letters which state basically, that to avoid being prosecuted, the check writer may enroll in an expensive diversion program. In most instances, the prosecution threats are false and made only to coerce payment of high fees. In the US very few states have laws that specifically permit district attorneys to allow private collection agencies to collect checks in the district attorney's name. A ...
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Bad Check
Dishonoured cheques (also spelled check) are cheques that a bank on which is drawn declines to pay (“honour”). There are a number of reasons why a bank would refuse to honour a cheque, with non-sufficient funds (NSF) being the most common one, indicating that there are insufficient cleared funds in the account on which the cheque was drawn. An NSF check may be referred to as a bad check, dishonored check, bounced check, cold check, rubber check, returned item, or hot check. In England and Wales and Australia, such cheques are typically returned endorsed "Refer to drawer", an instruction to contact the person issuing the cheque for an explanation as to why it was not paid. If there are funds in an account, but insufficient cleared funds, the cheque is normally endorsed “Present again”, by which time the funds should have cleared. When more than one cheque is presented for payment on the same day, and the payment of both would result in the account becoming overdrawn (or be ...
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District Attorney
In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact name and scope of the office varies by state. Alternative titles for the office include county attorney, solicitor, or county prosecutor. The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings. The prosecutors decide what criminal charges to bring, and when and where a person will answer to those charges. In carrying out their duties, prosecutors have the authority to investigate persons, grant immunity to witne ...
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Cheque Fraud
Cheque fraud (Commonwealth English), or check fraud (American English), refers to a category of criminal acts that involve making the unlawful use of cheques in order to illegally acquire or borrow funds that do not exist within the account balance or account-holder's legal ownership. Most methods involve taking advantage of the ''float'' (the time between the negotiation of the cheque and its clearance at the cheque writer's financial institution) to draw out these funds. Specific kinds of cheque fraud include cheque kiting, where funds are deposited before the end of the float period to cover the fraud, and paper hanging, where the float offers the opportunity to write fraudulent cheques but the account is never replenished. Types of cheque fraud Cheque kiting Cheque kiting full refers to use of the float to take advantage and delay the notice of non-existent funds. Embezzlement While some cheque kiters fully intend to bring their accounts into good standing, others, often ...
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ChexSystems
ChexSystems is a check verification service and consumer reporting agency owned by the eFunds subsidiary of Fidelity National Information Services. It provides information about the use of deposit accounts by consumers. History In 1991, the agency was owned by Deluxe Corporation, and it was part of the spin-off from Deluxe that formed eFunds in 1999. Fidelity National Information Services acquired eFunds in 2007. The number of "bank and thrift branches" served in 1991 was 59,000. Services Eighty percent of commercial banks and credit unions in the United States use ChexSystems to screen applicants for checking and savings accounts. eFunds claims that their services are used in over 9,000 banks, including over 100,000 individual bank branches in the United States. As of 1991, ChexSystems held 7.3 million names of consumers whose bank accounts had been closed "for cause". Services include verification of identity, reports on account history, and transaction monitoring. Re ...
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Shared Check Authorization Network
Shared Check Authorization Network (SCAN) is a comprehensive database of bad check writers in the United States. The database is used by retailers in order to reduce the number of bad checks received. The database keeps track of those who have written outstanding bad checks to any retailer using the system, and retailers can determine, based on these records, whether or not to accept a check from a particular accountholder. Retailers using the SCAN system have at least one scanner in the store, and often one at every register, that is used to scan cheque, checks that are written. The scanner reads the account number and compares it with the database of checking account numbers for which bad checks have been written to any participating retailer and not repaid. If the account number matches one in the system, the retailer will be notified, and will not likely accept the check. SCAN also operates a collection service on bad checks that are written. See also *Bad check restitution pro ...
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Collection Agency
Debt collection is the process of pursuing payments of debts owed by individuals or businesses. An organization that specializes in debt collection is known as a collection agency or debt collector. Most collection agencies operate as agents of creditors and collect debts for a fee or percentage of the total amount owed. History Debt collection has been around as long as there has been debt and is older than the history of money itself, as it existed within earlier systems based on bartering. Debt collection goes back to the ancient civilizations, starting in Sumer in 3000 BC. In these civilizations if a debt was owed that could not be paid back, the debtor and the debtor's spouse, children or servants were forced into " debt slavery" until the creditor recouped losses via their physical labor. Under Babylonian Law, strict guidelines governed the repayment of debts, including several basic debtor protections. In some societies debts would be carried over into subsequent gener ...
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Jail
A prison, also known as a jail, gaol (dated, English language in England, standard English, Australian English, Australian, and Huron Historic Gaol, historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correctional facility, lock-up, hoosegow or remand center, is a facility in which inmates (or prisoners) are confined against their will and usually denied a variety of freedoms under the authority of the State (polity), state as punishment for various crimes. Prisons are most commonly used within a criminal justice system: people charged with crimes may be Remand (detention), imprisoned until their trial; those pleading or being found Guilt (law), guilty of crimes at trial may be Sentence (law), sentenced to a specified period of imprisonment. In simplest terms, a prison can also be described as a building in which people are legally held as a punishment for a crime they have com ...
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Diversion Program
A diversion program, also known as a pretrial diversion program or pretrial intervention program, in the criminal justice system is a form of pretrial sentencing that helps remedy behavior leading to the arrest. Administered by the judicial or law enforcement systems, they often allow the offender to avoid conviction, and include a rehabilitation program to avoid future criminal acts. Availability and the operation of such systems differ in different countries. Operation and functions A criminal justice diversion program deals mainly with first-time offenders, allowing them to avoid a criminal record by undertaking certain actions that are aimed to benefit the offender as well as their victims and the wider community. in which a criminal offender joins a rehabilitation program to help remedy the behavior leading to the original arrest, allow the offender to avoid conviction and, in some jurisdictions, avoid a criminal record. The programs are often run by a police department, ...
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Law Enforcement Agency
A law enforcement agency (LEA) is any government agency responsible for the enforcement of the laws. Jurisdiction LEAs which have their ability to apply their powers restricted in some way are said to operate within a jurisdiction. LEAs will have some form of geographic restriction on their ability to apply their powers. The LEA might be able to apply its powers within a country, for example the United States of America's Bureau of Alcohol, Tobacco, Firearms and Explosives or its Drug Enforcement Administration; within a division of a country, for example the Australian state Queensland Police; or across a collection of countries, for example international organizations such as Interpol, or the European Union's Europol. LEAs which operate across a collection of countries tend to assist in law enforcement activities, rather than directly enforcing laws, by facilitating the sharing of information necessary for law enforcement between LEAs within those countries, for ...
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Cheque
A cheque, or check (American English; see spelling differences) is a document that orders a bank (or credit union) to pay a specific amount of money from a person's account to the person in whose name the cheque has been issued. The person writing the cheque, known as the '' drawer'', has a transaction banking account (often called a current, cheque, chequing, checking, or share draft account) where the money is held. The drawer writes various details including the monetary amount, date, and a payee on the cheque, and signs it, ordering their bank, known as the ''drawee'', to pay the amount of money stated to the payee. Although forms of cheques have been in use since ancient times and at least since the 9th century, they became a highly popular non-cash method for making payments during the 20th century and usage of cheques peaked. By the second half of the 20th century, as cheque processing became automated, billions of cheques were issued annually; these volumes pea ...
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Prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ...
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District Attorney
In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact name and scope of the office varies by state. Alternative titles for the office include county attorney, solicitor, or county prosecutor. The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings. The prosecutors decide what criminal charges to bring, and when and where a person will answer to those charges. In carrying out their duties, prosecutors have the authority to investigate persons, grant immunity to witne ...
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