Once upon a time, a "bad" check could have been a mistake.

Sunday, March 04, 2001

Once upon a time, a "bad" check could have been a mistake.

Now, it is most often part of a crime wave.

The leap from forgetfulness and mismanagement of one’s checking account to a bona fide series of criminal acts is simply a matter of intent at the time of presenting a check for payment.

Even in the fairy tale world of "honest" mistakes from over-drawing a checking account, the act grows tiresome and soon becomes a tedious exercise for the business-owner who accepted the check in exchange for a service or product. He/she must spend money to collect money that is already owed them.

When the checking account upon which the check is drawn proves to be non-existent, the business-owner’s loss multiplies.

That’s why the Austin Area Chamber of Commerce is leading a crack-down and also why the Austin Police Department and Mower County Attorney’s office welcome the assistance.

"We’re excited about the efforts," said Sandy Forstner, executive director of the Austin Area Chamber of Commerce. "We believe if proper procedures are in place we can help each other, the business-owner and law enforcement."

"Plain and simple, it’s robbery," Forstner said. "When someone offers a check for payment, knowing it is fraudulent and there is no money in the account, it is a criminal act and this comes at a very serious loss to businesses."

The good-nature of business owners, who hold checks returned for insufficient funds or a closed account, wears thin, when that same customer doesn’t return with cash.

"Black-balling" the errant check-writer by posting the bad check prominently near a business’ cash register, where all can see it, doesn’t seem to have the same effect of embarrassment that it once had.

When checks are passed with the singular purpose of defrauding a business, it’s a crime and because it appears more people are engaging in this criminal act, Austin Police Department Lt. Curt Rude is helping prepare a workshop for local businesses to help enlist them in check crime-fighting.

"Every day bad checks are passed in Austin," said Lt. Rude. "This amounts to big-time losses for businesses. Personally, I think it is the same as shoplifting, when you steal something by deceit."

According to Rude, criminals are using stolen checks or creating their own with today’s at-home computer printing capabilities.

They are also purchasing false identification or creating their own also with a home computer.

The Joseph Co. was the victim of the theft of blank payroll checks. Signatures of the employer were forged and checks written to individuals were cashed in Austin, Alexandria, Winona, Rochester and Mankato.

According to Rude, the Austin Police Department has been informed of another stolen payroll check scheme from North Mankato.

Also, there are the "microwave thieves," individuals using stolen checks and false identifications to purchase microwave ovens.

"Police in Rochester don’t believe they are keeping the microwaves," said Rude. "They just buy them with bad checks to pawn or sell for money to buy drugs."

According to Forstner and Rude, a workshop to be scheduled soon will seek to educate businesses on the do’s and don’ts, when a check is presented for payment.

"These criminals are operating with sophisticated technology that can create checks, false IDs and even Minnesota drivers licenses that look like the real things," said Rude. "Then, they target stores where they have young clerks who may not be assertive enough to challenge someone to verify the ID they present."

When bad checks are collected, the business owners turn them over to the Austin Police Department or in the out-county area to the Mower County Sheriff’s Department.

Both law enforcement agencies use a packet prepared by the Mower County Attorney’s office for dishonored checks.

LeeAnn M. Schaefer, a secretary in the county attorney’s office, assists in the processing of dishonored check cases.

"There’s always a lot," she said. "We processed 28 in January."

The dishonored check procedure was implemented in 1990. The county attorney’s guidelines set forth specific steps for business-owners to take. The procedure also offers some basic suggestions to avoid bad checks. In addition, it includes the necessary forms for the business-owner to use in an attempt to collect money for a dishonored check.

Three years ago, when another surge in check forgeries and dishonored checks surfaced in Mower County, the county attorney’s office attempted a campaign to urge business-owners to train their employees to challenge the check presenter for proper identification.

Everyone agrees, the identity of the issuer of the check must be proven beyond a reasonable doubt in order to successfully prosecute.

The Chamber of Commerce is doing its part to assist that part of the process.

According to Forstner, when bad checks surface at a business, a "Mushroom Alert" is issued to Chamber members. "We do it by e-mail to those members who can receive e-mail messages, so that it can be relayed as quickly as possible whenever someone passes a fraudulent check," Forstner said. "We ask the Chamber members to notify their neighbors of this person’s actions, so that we can do as much as possible from allowing someone else to become another victim."

Due to the new surge in bad checks and check forgeries, Forstner and Rude hope to have the workshop scheduled later this month.