UTTERING & PUBLISHING

What is Uttering & Publishing?

Uttering and publishing covers counterfeit records, instruments and other writings, but in the majority of the cases, the charge involves an individual presenting a fraudulent check (i.e. – a forged instrument) to another individual, business or financial institution to receive payment. The Michigan law (MCL 740.249) states:

A person who utters and publishes as true a false, forged, altered, or counterfeit record, instrument, or other writing, knowing it to be false, altered, forged, or counterfeit with intent to injure or defraud is guilty of a felony punishable by imprisonment for not more than 14 years.

Uttering and publishing is one of the most common felony charges in Oakland, Wayne and Macomb counties. The cost to financial institutions and businesses resulting from check fraud are substantial and much of it is passed along to consumers, so judges take check fraud seriously. In light of the fact that it is a felony punishable by up to 14 years in prison, it is a crime you should take very seriously, too.  

What is the Difference Between Uttering & Publishing and Forgery?

Forgery is a closely related crime to uttering and publishing, but it differs in that it doesn’t require ‘presentation.’ Under Michigan law, uttering & publishing requires that the defendant ‘exhibited, offered or presented the false, forged, altered or counterfeit instrument.’ Forgery, doesn’t require that the forged instrument be presented.  To prove forgery, the prosecution must prove:

• First, that the financial transaction device was falsely made / materially altered / forged / counterfeited / duplicated.

• Second, that it was the defendant who falsely made / materially altered / forged / counterfeited / duplicated the financial transaction device.

• Third, that when the defendant did this, he intended to defraud or cheat someone.

The Michigan law (MCL 750.157r) reads:

Forgery, alteration, simulation, or counterfeiting of financial transaction device.

A person who, with intent to defraud, forges, materially alters, simulates, or counterfeits a financial transaction device is guilty of a felony.

Checking Fraud Punishment

The attorneys at Jeffrey Buehner, PLLC have decades of experience in defending check fraud cases. Our Oakland County criminal defense lawyers have successfully helped our clients through a variety of methods, including:

• Early resolution during the investigative stage resulting in non-prosecution;

• Plea negotiations to have a felony reduced to a misdemeanor;

• Delayed sentences, diversion, and HYTA;

• Plea and/or sentence agreements to avoid jail.

We will work hard to find a solution that avoids jail and keeps your record clean. We’ve helped many people in your situation and we can help you. If you’d like a free phone consultation with an experienced Oakland County check fraud defense attorney, call Jeffrey Buehner, PLLC at (248) 865-9640. Call now.