Larceny by check



Larceny by check is governed by Massachusetts general law Chapter 266, section 37.  The law states the following:



Section 37.  "Whoever, with intent to defraud, makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depositary, with knowledge that the maker or drawer has not sufficient funds or credit at such bank or other depositary for the payment of such instrument, although no express representation is made in reference thereto, shall be guilty of attempted larceny, and if money or property or services are obtained thereby shall be guilty of larceny."



A check that is refused payment by the drawee bank is evidence of intent to defraud, unless sufficient funds are deposited into the account within 2 days of receiving notice of insufficient funds. Knowledge of insufficient funds in the bank when the check was written is required to show intent to defraud.






Attorney at Law