Fraud

Fraud charges in Virginia attract severe penalties. The various fraud-related offenses are provided for from Section 18.2-168 to 18.2-246.15 of the Code of Virginia. These offenses, including false pretenses, credit card fraud, and forgery, could have devastating consequences.

A conviction leads to fines, jail time, and a permanent criminal record. The record compromises your employment prospects, destroys your reputation, and blocks future opportunities. Avoid such significant repercussions by working with a reputable criminal defense attorney.

At Virginia Criminal Attorney, we have experience defending clients facing fraud charges in Fairfax and across Northern VA. We provide comprehensive knowledge about Virginia's fraud legislation, available defense strategies, and solid strategies to help defend you.

Legal Definition of Fraud under Virginia State Law

Under Virginia law, fraud consists of multiple deceptive methods that lead to illegal money, property acquisition, or service acquisition. Each Virginia fraud crime carries distinct elements and penalties. Some of the significant fraud crimes in Virginia include the following:

1. False Pretenses (§ 18.2-178) – You face charges for obtaining money, property, or signatures by deliberately misrepresenting material facts. For example, the statute enables prosecutors to charge someone who sells a car with a falsified odometer reading when the seller knew the reading was incorrect.
2. Forgery (§ 18.2-172) – Creating or altering a document to defraud people falls under the category of forgery (§ 18.2-172). A person who signs a check with another person's name without authorization commits the offense of forgery.
3. Identity Theft (§ 18.2-186.3) – This law makes it illegal to use someone else's identifying information to commit fraud.
4. Credit Card Fraud (§ 18.2-195) – this statute addresses credit card fraud through three main actions, such as:
   1. using stolen cards
   2. creating fake card data
   3. obtaining cards by deceitful means

Forgery (§§ 18.2-168 — 18.2-173)

In Virginia, forgery includes multiple deceptive actions involving falsifying documents or instruments. Examples of the actions include:

• Forging Public Records (§ 18.2-168)

The statute makes creating, modifying, or hiding public records and documents illegal to defraud someone. For example, tampering with a birth certificate is unlawful to deceive age. A conviction for this offense carries a classification as a Class 4 felony, and it leads to prison sentences between two and ten years with a maximum possible fine of $100,000.

• Forging or Keeping an Instrument for Forging a Seal (§ 18.2-169)

This statute makes creating or maintaining any instrument designed to forge the seal of the Commonwealth, its departments, or public offices illegal. The crime is a Class 4 felony with identical consequences as public record forgery.

• Forging Coin or Bank Notes (§ 18.2-170)

Section 18.2-170 of the Code of Virginia criminalizes counterfeiting coins and banknotes. Creating or having counterfeit currency with the aim of using it in transactions is a punishable offense. The law considers this offense a Class 4 felony.

• Making or Having Anything Designed for Forging Any Writing (§ 18.2-171)

Possessing tools or materials that can create forgeries, including counterfeit stamps or printing plates, is prohibited. An example is possessing equipment to produce fake driver's licenses.

• Forging, Uttering, etc., Other Writings (§ 18.2-172)

Section 18.2-172 makes it illegal to create or modify any written document without specific mention elsewhere to commit fraud. Under the law, "uttering" refers to passing or attempting to use a forged document. Any unauthorized signature on a contract qualifies as forgery under this state law. Under state law, this felony carries a punishment of up to ten years in prison at the Class 5 level.

• Falsifying or Altering and Fraudulently Using Transcripts or Diplomas (§ 18.2-172.1)

Virginia law prohibits illegally modifying academic transcripts or diplomas followed by their fraudulent use. An example is when people use forged documents to secure employment or enroll in educational establishments. The punishment for a conviction includes a Class 3 misdemeanor charge that can result in a maximum fine of $500.

False Pretenses (§§ 18.2-178 — 18.2-180)

Virginia law prohibits fraudulent activities, which include cases of false pretenses. The state statutes safeguard people from deceptive plans that seek money, property, or signatures through false pretenses.

• Obtaining Money or Signature by False Pretense (§ 18.2-178)

Acquiring money, property, or signatures from others through deliberate, deceptive conduct is illegal. For example, obtaining money, property, or signatures through intentional deception is unlawful, while selling a car with false accident claims to increase the profit margin.

The penalties' severity depends on the acquired assets' monetary value or market worth. A Class 1 misdemeanor status applies to cases where the obtained amount is less than $1,000, which carries a potential 12-month jail time and a maximum fine of $2,500. When the stolen value exceeds $1,000, the crime becomes grand larceny, which constitutes a felony that results in a potential 20-year imprisonment.

• Financial Exploitation of Vulnerable Adults (§ 18.2-178.1)

The legislation protects people with disabilities or elderly adults by prohibiting their exploitation through illegal transfer of possessions. A person who understands another person's vulnerable state to take or convert their assets illegally faces criminal charges for permanent asset deprivation.

The offense includes cases where someone tricks a mentally declining elderly person into giving away their assets through deceptive promises. The theft of such assets qualifies as larceny, and penalties are based on the value of the stolen property.

• Financial Exploitation by an Agent (§ 18.2-178.2)

This statute addresses explicitly authorized individuals who misuse their power for personal financial benefit. A violation of this law occurs when an agent misuses the property of their represented person through illegal or fraudulent means to deliver benefits to somebody else.

Agents who steal money from their principal's accounts for their benefit would be an example of this violation. The extent of exploitation determines what penalties agents face after conviction, including imprisonment and substantial fines.

• Unlawful Operation of Coin Box Telephone, Parking Meter, Vending Machine, etc. (§ 18.2-179)

Under this law, it is forbidden to alter devices such as payphones, parking meters, and vending machines for free access to their services and goods. Manipulating a parking meter to skip payment fees violates this law. Such actions receive misdemeanor classification, leading to monetary penalties and imprisonment because they prevent service providers from receiving payment.

• Manufacture, etc., of Slugs for Unlawful Use (§ 18.2-180)

The law forbids the production and ownership of counterfeit slugs. People use these to trick vending machines by replacing real coins and operating laundromat machines without paying, violating this law. The law treats such offenses as misdemeanors, which can result in fines and jail time, and it discourages people from engaging in deceptive activities.

Impersonation (§§ 18.2-174 — 18.2-177.1)

According to Virginia Code § 18.2-174, the crime of impersonating a law enforcement officer carries a punishment of Class 1 misdemeanor. Under Virginia Code § 18.2-174, it becomes illegal to falsely perform the functions or exercise the powers and duties or privileges of positions including sheriff, police officer, marshal, and any other peace officer. The law considers multiple offenses of impersonating a law enforcement officer so severe that it reclassifies the crime from misdemeanor to felony status at the Class 6 level.

Virginia's Section 18.2-174.1 punishes people who pretend to be specific public safety personnel. The law prohibits deliberate impersonation of emergency medical services providers, firefighters, special forest wardens, fire marshals, and fire chiefs when such actions are intended to deceive others. First-time violations of impersonating law enforcement are classified as Class 1 misdemeanors, but subsequent offenses result in Class 6 felony charges.

Under Virginia law, the unapproved use of public service uniforms and insignia remains illegal. Without proper authorization, the law in Virginia prohibits wearing police uniforms or insignia together with police-marked vehicles under § 18.2-175. Under this statute, the state seeks to stop people from falsely pretending to be public safety officials by wearing official clothing and markings.

Virginia law, § 18.2-177.1, prohibits any individual who seeks services from pretending to serve in the United States Armed Forces, Armed Forces Reserves, or National Guard. The law also prohibits wearing authorized uniforms, medals, and insignia belonging to service members or veterans. The state classifies such actions as a Class 1 misdemeanor to defend the honor and integrity of military service.

Issuance Of Bad Check, § 18.2-181

Check fraud, which Virginia law also calls issuing a bad check, violates § 18.2-181 of the state laws. Writing a check knowing it lacks enough funds or credit to cover its amount can result in criminal prosecution. Writing a check indicates sufficient funds exist to fulfill it until the promise turns out false, which makes the act fraudulent.

The financial value of the check determines how serious the criminal offense becomes. Issuing a bad check with a value greater than $1,000 qualifies as a Class 6 felony, which can lead to a prison sentence of up to five years and a $2,500 fine. A felony conviction creates permanent criminal records that can significantly disrupt employment opportunities, damage your reputation, and disrupt your personal life.

When the check value falls below $1,000, the offense becomes a Class 1 misdemeanor, which can result in up to 12 months of jail time and equal fines. The charge becomes a felony when a person writes multiple bad checks worth $1000 or more within 90 days.

Businesses in Virginia face legal responsibility when they write checks that cannot be cashed. A corporation committing a bad check for over $1,000 will face a Class 6 felony charge according to Virginia state law § 18.2-182. Corporate officers and directors who issue checks with knowledge of their invalidity may face punishment identical to that of individuals for this offense. The specified provision stands out in wage theft cases because it protects employees who have not received payment for their work.

The law of Virginia considers it a criminal offense to use a bad check for tax payments under § 18.2-182.1. The law considers this offense a Class 1 misdemeanor subject to imprisonment for up to 12 months and a maximum fine of $2,500. Public services in Virginia rely on tax revenue, so the state treats tax-related fraud as a severe issue.

The Virginia Code at § 18.2-183 creates prima facie evidence of fraud when someone fails to repay a bad check after receiving a five-day notification from the recipient. Under this legal framework, courts will assume fraudulent purposes, providing additional legal support to the victim. According to § 18.2-185, protection against false accusations exists, but prosecutors must prove clear fraudulent intent to face malicious prosecution claims.

Credit-Card Fraud, § 18.2-191

Section 18.2-191 establishes definitions for essential terms that determine the boundaries of credit card violations. A credit card constitutes any tool or device an organization provides users with to gain products, services, or valuable items through credit-based transactions. A credit card holder refers to either the original recipient of the card or any authorized user who operates it. Business organizations and financial institutions that issue credit cards and their authorized agents represent issuers. These definitions establish clear boundaries for credit card transaction participants and instruments, which form the basis for detecting fraudulent operations.

The act of stealing credit cards or numbers from another person to use fraudulently falls under § 18.2-192 of Virginia law. The offense includes receiving a lost or mislaid credit card or number when one has knowledge of its delivery mistake and intends to use or sell the card. The law clarifies that unauthorized credit card activities fall under the grand larceny category, which is punishable by § 18.2-95. Virginia classifies credit card theft as a serious offense because it understands the significant financial losses that result from unauthorized credit card acquisition.

Credit card forgery falls under the provisions of § 18.2-193. Any unauthorized creation, modification, or signature of credit card documentation falls under this criminal category when the motive is to commit fraud. Embossing a credit card without permission from the issuer constitutes an offense, along with unauthorized signature or document alterations on credit cards. Such activities receive Class 5 felony classification because tampering with credit card instruments or related documents represents a severe violation.

Virginia law defines multiple unauthorized signed credit card possession or card number ownership as a severe criminal offense under § 18.2-194. The law assumes credit cards or their numbers are in your possession without being either the cardholder or authorized user, which means they were obtained illegally when you have two or more signed credit cards. The law allows prosecutors to build their case more easily because holding credit cards or numbers proves unlawful acquisition.

According to § 18.2-195 of Virginia law, credit card fraud occurs when someone uses a stolen, expired, or revoked credit card to obtain money, goods, or services with the intent to defraud. The law considers any act of pretending to be the cardholder or using a card not issued as part of credit card fraud. The criminal penalties rise in proportion to the stolen value in the case. The crime becomes a Class 1 misdemeanor when someone commits fraudulent credit card transactions below $1,000 within six months. The offense becomes a Class 6 felony when the value of fraudulent transactions amounts to $1,000 or more.

According to § 18.2-195.1, credit card factoring represents a merchant account transaction processing system for nonexistent sales that typically serves money laundering or fraudulent purposes. Because of its severe consequences, this offense receives Class 5 felony status.

The application of credit cards through deceitful methods remains defined by § 18.2-195.2. Providing deceitful information in a credit card application for fraudulent purposes counts as a Class 1 misdemeanor offense. Financial honesty, together with transparency, receives legal backing through this legislation.

Under § 18.2-196, possessing equipment used for credit card forgery is illegal. Possessing tools for creating or modifying credit cards fraudulently leads to Class 6 felony charges. Under § 18.2-196.1, Virginia law makes it unlawful to steal credit card data using scanning or re-encoding devices, and the penalty is a Class 6 felony.

According to § 18.2-197, any person who knowingly accepts goods or services from credit card fraud faces identical punishment as the main fraud perpetrator. Section 18.2-198 of the Virginia Code makes acquiring transportation tickets at reduced prices through unauthorized methods illegal, thus enhancing financial transaction fraud protection.

False Representations to Obtain Property or Credit, § 18.2-186

The Commonwealth of Virginia strictly opposes fraudulent conduct, including deceitful statements to acquire property and credit. According to § 18.2-186, making knowingly false written statements about one's or others' financial conditions is illegal if done to obtain personal property, loans, credit, or cash. Convicted offenders receive a Class 1 misdemeanor status.

Under § 18.2-186.2, it is illegal for someone to make false statements or withhold essential information to receive benefits through housing assistance programs operated by local, state, or federal governments. According to the law, this type of conduct falls under Class 1 misdemeanor status.

The law establishes § 18.2-186.3 as identity theft legislation, which states that using someone else's identification information to commit fraud is a punishable offense. The law requires offenders to pay restitution and provides help to victims to fix their records.

Under Section 18.2-186.4, it is illegal to use someone else's identity to coerce, intimidate, or harass others, and this action leads to legal penalties.

Code sections 18.2-187.1 establish civil liability and legal penalties for unauthorized service acquisition, including utilities.

The law prohibits fraudulent behavior against hotels, motels, campgrounds, and boarding houses under § 18.2-188 and specifies the associated penalties.

Money Laundering, § 18.2-246

The Commonwealth of Virginia presents its money laundering legal framework through Title 18.2, Chapter 6 of the Code of Virginia. The chapter establishes particular statutes that detail money laundering definitions and prohibitions and prescribe corresponding penalties because Virginia actively fights financial crimes.

The introductory provision in this section establishes the title through which subsequent money laundering statutes will be categorized. It also establishes all necessary legal definitions to guide the subsequent detailed prohibitions.

The law defines essential terms in this section, which help legal authorities enforce money laundering statutes correctly. The legal definitions of "financial transaction," "knowing," and "proceeds" have precise meanings to prevent any ambiguity in legal parameters. A "financial transaction" includes all movements of funds through wired systems, monetary instrument usage, or electronic transfers. The definitions serve as essential markers to define which activities qualify as money laundering under Virginia state law.

The law makes it illegal to perform financial operations with criminal-derived funds when an individual knows about their illicit origin. There are no exceptions to this rule. Because money laundering is a major criminal offense, strict penalties are enforced. If convicted, a person could receive forty years of imprisonment, a maximum fine of $500,000, or both punishments simultaneously.

Under the statute, converting cash into negotiable instruments or electronic funds by compensated individuals who understand the money stems from felony activities is also prohibited. The first violation of this statute receives Class 1 misdemeanor status, but subsequent offenses will be considered Class 6 felony offenses.

Find A Fraud Crimes Defense Attorney Near Me

Fraud-related offenses from §§ 18.2-168 to 18.2-246 have significant legal ramifications. These affect freedom, finances, and prospects. The penalties for forgery, identity theft, credit card fraud, and money laundering offenses become severe because they include substantial monetary fines, imprisonment terms, and enduring damage to your reputation.

The prosecution system diligently pursues these cases, so anyone charged faces conviction risks based on ambiguous evidence or false accusations when they lack solid legal protection. Having an experienced fraud defense attorney allows your case to receive detailed analysis, followed by the development of strong defenses and legal advocacy in court proceedings.

At Virginia Criminal Attorney, we dedicate ourselves to providing solid, strategic defense services for individuals facing fraud charges in Fairfax and across Northern Virginia. Our team of attorneys possesses complete knowledge of fraud laws while working to defend your constitutional rights and future security. Contact us at 703-718-5533 to arrange a private consultation.