Burden of Proof

Burden of proof is in the hands of the party filing a complaint.

If the state is filing the complaint, then the state has to make the case.  In criminal court it must present evidence demonstrating that the accused is guilty of the crime.

Counterfeit, stolen, forged drafts

It has been our experience that in cases where a fraud victim has been accused of being a willing and knowing participant in an Internet counterfeit draft scheme, the only prima facie (evidence pointing to the act) is the fact that the victim presented counterfeit, forged, or stolen instruments through one method or another.  There is seldom any proof of intent to defraud.

In those cases where the person is a willing and knowing participant in the scheme, there is ample evidence pointing to intent which can be discovered through search warrants covering residential property, storage property, vehicles, mailboxes, and computer content.  Proof of intent is evidenced by the types of scam paraphernalia uncovered during the serving of the warrant and evidence of correspondence with known criminal parties in which elements of the scheme are discussed.

In counterfeit, stolen, forged draft schemes there are distinct differences between the guilty parties and the criminals. 

A defense attorney can provide an affirmative defense by presenting documents and arguments to the prosecution that clearly demonstrate the fraud victim was just that - a victim - without the connections and knowledge necessary to perpetrate a counterfeit check scheme.

See Message to Arrested Fraud Victims