Q: Can I prosecute check forgery with only a xerox of the forged check ? The bank destroys original checks.
The College Park post office's outside mailbox was broken into, and 4 of my checks were among the stolen letters. Using a stolen check, a person "doctored" all the original information on it so that the check was made payable to him for the sum of $6,000. He then attempted to deposit the check into his account at M&T bank. M&T did not honor the check, and mailed me a copy of both sides of it, showing the man's name and his signature. M&T included a one-page "return item notice" showing the check number 2254, $6,000 amount, and the brief comment " ITEM RETURNED - ALTERED FICTITIOUS." I contacted M&T bank asking for the original check, and was told M&T destroys all original checks. Is the xerox copy of this forgery showing his name and signature, along with the M&T "return item notice" sufficient evidence to prosecute the man ?
Why not refer the matter to the police? They investigate these types of crimes every day and understand the rules of evidence and the quality of evidence that is needed.
The short answer is 'yes'. The police will take statements and affidavits from the bank employees, video surveillance, and can certainly charge the person that 'attempted' to pass the forged check. The prosecutor can easily present a case based on witness testimony, bank records, and other such evidence.
Bruce Alexander Minnick agrees with this answer
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