Kiting is a serious crime and is one of the most enforced types of white collar crimes. First-time offenders can face very stiff penalties, including fines of $500,000 or more as well as more than 20 years in prison.
Do banks prosecute check kiting?
In the United States, check kites are prosecuted under Title 18, U.S. Code Section 1344, which is defined as obtaining the funds of a federal bank under false pretenses. In effect, a check kite is obtaining an interest-free loan from a bank without the bank’s knowledge.
Is check kiting a white collar crime?
Check kiting is a common form of white-collar crime and check fraud. It involves drawing a check for a greater amount than is contained in the account. … In this way, the first bank may not have time to trace the fraudulent transfer, since checks may take a few days to clear.
How do you prove check kiting?
To be convicted of this, the prosecution must prove that one knowingly wrote a check knowing there were insufficient funds to cover the full amount of the check and in doing so, hoped to obtain something in return for passing the check.
What is check kiting and why is it illegal?
Check-kiting is the illegal act of writing a check from a bank account without sufficient funds and depositing it into another bank account. Then, you withdraw the money from that second account before the original check has been cleared.
How is check kiting perpetrated by an employee?
Check kiting is the deliberate issuance of a check for which there is not sufficient cash to pay the stated amount. The mechanics of this fraud scheme are as follows: … Deposit the fraudulent check in the checking account that was just opened. Withdraw the funds from the new checking account.
What is the difference between lapping and kiting?
What is the difference between lapping and kiting? Lapping occurs when cash is stolen upon receipt from one customer’s account. … Kiting occurs when funds are stolen from the company and, to cover this theft, the employee transfers money from one bank account to another account right before year-end.
Is kiting checks illegal?
Check kiting is the illegal process of writing a check off of a bank account with inadequate funds to cover that check. Check kiting relies on the fact that it takes banks a few days (or even longer for international checks) to determine that a check is bad.
Why do people check kite?
The purpose of check kiting is to falsely inflate the balance of a checking account in order to allow written checks to clear that would otherwise bounce. If the account is not planned to be replenished, then the fraud is colloquially known as paper hanging.
What does kiting mean in real estate?
Kiting is the fraudulent use of a financial instrument to obtain additional credit that is not authorized. … Misrepresenting the value of a financial instrument for the purpose of extending credit obligations or increasing financial leverage.
Is kiting illegal in Canada?
The problem be- came prevalent enough that it was made illegal in certain states of the U.S. by the early 1920s. In Canada, there is currently no provision of the Criminal Code (the “Code”) that specifically addresses kiting.
Why is it called kiting?
Generally, the banking term refers to money not reaching its destination, which is similar to the goal of kiting a target in a game. It has also been suggested that kiting comes from “Killing In Transit”, but this is more commonly regarded as a backronym.
How do you stop kiting?
Here are some tips to prevent becoming a victim of check kiting:
- Only accept checks for the exact amount owed to you. …
- Wait until the check clears to refund the overpayment. …
- Look into checks that clear your bank account out of sequence. …
- Restrict access to company checks if you’re a business owner.
Is playing the float illegal?
Real World Example of Float
Such moves are not illegal, either for individuals or for institutions, if the money involved is all their own. However, playing with float can spill into the realm of wire fraud or mail fraud if it involves the use of others’ funds.