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Can you summarize MGL Chapter 266, Section 37?
CRIMES AGAINST PROPERTY > Fraudulent checks, etc.; drawing or uttering
Short Summary
This section of the Massachusetts General Law pertains to individuals who engage in fraudulent activities involving checks, drafts, or orders for payment of money. It is considered a crime if an individual makes, draws, utters, or delivers such instruments with the intent to defraud, knowing that there are insufficient funds or credit in the bank or depositary. The act of making, drawing, uttering, or delivering a check, draft, or order that is refused by the drawee is considered prima facie evidence of intent to defraud and knowledge of insufficient funds or credit. However, if the maker or drawer pays the amount due, along with costs and protest fees, within two days of receiving notice of non-payment, it may serve as a defense. The term ‘credit’ in this context refers to an arrangement or understanding with the bank or depositary for payment. Violators may face charges of attempted larceny or larceny if money, property, or services are obtained through these fraudulent actions.
Whom does it apply to?
Any individual who makes, draws, utters, or delivers a check, draft, or order for payment of money upon any bank or depositary
What does it govern?
Fraudulent checks, drawing or uttering
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Attempted larceny and larceny charges may apply.
Jurisdiction
Massachusetts