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Month: September 2021

I’ve been charged with harassment. Now what?

Written by Brandon Herrera on September 10, 2021. Posted in Criminal Law. No Comments on I’ve been charged with harassment. Now what?

Knowingly annoying, alarming, or terrorizing another person regularly in a way that serves no lawful purpose is considered harassment under New Mexico law. Some people know exactly what they are doing when they act this way toward another person. It is their intent to upset the other individual or make them feel afraid. Other times, people may engage in harassment and not realize their actions rise to the level of criminal conduct until a police officer shows up on their doorsteps or they receive a summons in the mail.

What are the 3 types of harassment?

Harassment is classified into three categories. New Mexico law does not consider one type to be more serious than another. Harassing another person in any of these ways can earn you a visit from local law enforcement. Here are the three forms of harassment:

Verbal or written harassment is one of the most common forms. Some of these communications may fall within the legal definition of sexual harassment, especially if they are made while on the job. Emails with offensive jokes or graphic descriptions about race or religion and making derogatory comments about characteristics of individuals also is harassment. Repeated texts or phone calls demanding dates or sexual favors also fall into this category. Verbal or written threats to do bodily harm to someone also is harassment.
Physical harassment can be more difficult to recognize since offenders engage in their behavior subtly as not to draw the attention of others. Lewd hand gestures, playing music with suggestive lyrics, unwanted touching, and following or standing too close to another person on purpose all fall into physical harassment territory. Physical harassment is not always sexual in nature. Hitting, pushing, and other aggressive behavior is classified as physical harassment regardless of the motive behind it.
Visual harassment can be even mor pervasive than physical harassment. It may include lewd or threatening hand gestures, showing someone pictures of a sexual or violent nature, or drawing derogatory or violent images.

When can you be charged with harassment?

Threatening physically harm another person or do damage to their property is enough to get a person investigated for harassment. If the victim has evidence that supports their harassment claim, the police may charge you. In New Mexico, harassment is a misdemeanor. Under some circumstances, harassment can be elevated to the level of a felony.

Sometimes offenders are not aware they have been charged with harassment until they receive a summons in the mail notifying them of the charges and a subsequent court date.

Are stalking and harassment the same thing?

No. In fact, the New Mexico legislature adopted a Harassment and Stalking Act (30-3A-2) in 2009 that differentiates between harassment and stalking. It is one of the few states that puts criminal harassment and stalking laws under separate statutes and penalties. Under the law, stalking is defined as knowingly pursuing a pattern of conduct that is directed at a specific person and places them in reasonable fear of bodily harm, confinement, death, or sexual assault. Stalking is a misdemeanor for a first offense. Subsequent offenses or convictions are fourth degree felonies.

Harassment involves engaging in a pattern of conduct that annoys, alarms, or terrorizes another person without legal justification. To be considered harassment, the perpetrators actions must rise to the level of causing serious emotional distress to the victim.

It is quite possible to be charged with both harassment and stalking, depending on the nature of the allegations made against you.

Penalties for harassment convictions

If you are convicted of a misdemeanor count of harassment in New Mexico, you can face up to six months to a year in jail and/or a fine of up to $1,000. When charged as a fourth-degree felony, harassment convictions carry the possibility of 18 months in prison and a $5,000 fine. Stiffer sentences are possible for perpetrators with criminal histories or a known pattern of engaging in harassing or stalking behaviors. Courts have the discretion of deferring prison sentences in favor of probation. A good criminal attorney can negotiate a plea agreement that includes probation instead of jail time.

Respond quickly to harassment charges

Harassment is a serious crime. Not only can being charged with harassment impact a person legally, but it also can harm their personal and professional reputation. If you have been charged with harassment or even questioned by authorities about accusations of harassment, you should contact an attorney skilled in criminal law who can review your rights and responsibilities with you.

How to Spot Check Fraud

Written by Brandon Herrera on September 3, 2021. Posted in Criminal Law. No Comments on How to Spot Check Fraud

Schemes designed to defraud innocent people have become more elaborate in recent years. Technology advancements have made it easier for scammers to pretend to be from legitimate organizations – including government agencies – to win over the trust of consumers. Even when that number on your caller ID appears to be from the IRS, chances are, a con artist used technology to spoof the number and is eagerly waiting on the other end of the line to trick you out of your hard-earned money.

One of the oldest scams in the books is check fraud. They take many forms but check fraud schemes all have one goal in mind: to dupe unsuspecting victims into handing over their financial resources. The Federal Trade Commission received 2.2 million fraud reports from consumers in 2020. These consumers were tricked into giving up sensitive information like bank account numbers and passwords or cashing fake checks.

Trusting your gut is one of the best tools consumers have in protecting themselves against check fraud schemes. As a rule, if it seems too good to be true it probably is too good to be true. Here are some tips for spitting check fraud schemes before you fall victim to them, and what to do if you discover it is too late and you already were swindled.

Examples of common check fraud schemes

One of the most common check fraud schemes currently making the rounds involves advance payment or overpayment for products and services. A popular target for these scammers is businesses that sell products or services online. Let’s take an example of a social media consultant who receives a request for assistance from a prospective client. The person soliciting the request appears legitimate. They agree to sign a contract and begin work.

Since most consultants require an upfront deposit before work begins, the scammer offers to send it via check or money order overnight. The next day, the consultant receives a check for their services – only it is for double (or triple) the amount agreed upon with the client. When the consultant attempts to correct the mistake, the client asks them to go ahead and cash the check and just send them back a check for the difference, so they do not have to waste time and spend more money cutting you another check and paying to overnight it again.

Some people fall for this hook, line, and sinker. The check they were overnighted is fake. When they try to cash it, it will bounce. By then, it is probably too late since they already returned the “overpayment” to the customer.

Unsolicited check fraud is another version of this same scheme. You receive a check in the mail you were not expecting. It may resemble a rebate check or refund for overpayment. Signing a check like this could legally bind you to a contract with whoever sent the check. Scammers use this tactic to get unsuspecting consumers to authorize loans and memberships.

Check-cashing schemes are another form of check fraud. Scammers approach people and ask them to cash a check for them. They offer to sign it over to you, have you deposit it into your account, and then write them a check for the same amount from your account to them. The claim with this type of con is the person needs to cash the check but does not have an account at the bank.

Why do check fraud scams work?

There are several reasons why people fall victim to check fraud scams. One of the most common is thinking you are doing a kind deed for another person. This is how fraudsters pull off check-cashing schemes. They prey on the goodwill of others.

Another reason check fraud scams work is that businesses are eager to attract new customers. Small businesses are favorite targets of these kinds of scammers because many are looking to grow their brands and are willing to work with new people. Waving large checks in front of business owners who may be struggling to survive is tempting.

When check fraud schemers send cashier’s checks, victims are unlikely to question the validity. After all, the supposed benefit of cashier’s checks is they are guaranteed by a bank. Right? Wrong. Con artists have become quite skilled at imitating real cashier’s checks. They may look legitimate, but they are fake. It is a hard lesson victims learn when they try to cash it and hold the financial institution that supposedly issued it accountable when it ultimately bounces.

How to detect a fake check

Fake checks are difficult to spot. Banks and other financial institutions process them regularly without spotting them. Scammers go to great lengths to pull off their heists. They often use the names and addresses of legitimate businesses and people – even other financial institutions – to trick people. In some instances, they may be real checks that belong to accounts of identity theft victims. It can, unfortunately, take banks and other financial institutions weeks to sort out check fraud. The money may immediately show as available in your bank account, but once financial institutions realize it is fake, they can withdraw it from your account, leaving you holding the bag.

There are some features on fake checks that can help give them away:

Bank addresses and logos. All legitimate financial institutions have street addresses. If the check you are holding has a P.O. box number, that is a huge red flag. If you are unsure, contact the supposed issuing bank to verify the information on the check is legitimate. Bank logos can be faked on checks, but when they are, they often appear faded or blurry from being copied from an online source.
Edges. Most legitimate checks have at least one perforated (rough) edge. When all edges of the check are smooth, that is a tell-tale sign it was printed from a home computer.
Check number. If the check is missing a number in the top right-hand corner, it is fake. Another sign of illegitimacy is if the number appearing in the top right-hand corner does not match the MICR line. The MICR line is the string of numbers across the bottom of the check. The last four digits should match the number at the top of the check.
Check amount. Checks that are less than $5,000 are popular among thieves because federal rules require deposits under that amount to be available within five days to the person depositing the check.
Routing numbers. At the bottom of every check in the MICR line is the issuing bank’s routing number. Legitimate routing numbers have nine digits. You can verify routing numbers on the Federal Reserve Financial Services website.

How to report a fake check

If you suspect you received a fake check or someone is trying to get you to cash a check you believe to be false, immediately contact your local authorities. You also can report fraud to the Federal Trade Commission. If the check was sent via the U.S. Postal Service, inform the U.S. Postal Inspection Service by calling 800-275-8777 or notify them online. Lastly, if the scammer contacted you online, file a complaint at the FBI’s Internet Crime Complaint Center.

Check fraud is a serious crime. If you face charges for check fraud, reach out to the team at Cameron and Russell to schedule a free consultation.