Detectives are seeking the public’s help in locating Victor Ramon Herrera-Canizales (32), who is wanted for a fraudulent check-cashing scheme, according to the Santa Ana Police Department.
Victor arrived at Main International, a check-cashing company located at 1200 W. Warner Avenue, and cashed a fraudulent check.
The business was notified the check was fraudulent and immediately contacted police.
An arrest warrant has been issued for Victor’s arrest. Anyone with information about his whereabouts is asked to contact Investigative Specialist S. Guzman at (714) 245-8416 or SGuzman@santa-ana.org.
Legal Penalties Faced by the Suspect
Victor Ramon Herrera-Canizales is wanted by the Santa Ana Police Department for a fraudulent check-cashing scheme under California law. While the specific charges filed against him have not been publicly detailed, check fraud in California is typically prosecuted under Penal Code 476 PC (Check Fraud) or Penal Code 476a PC (Writing Bad Checks).
Both offenses are “wobblers,” meaning they can be charged as either a misdemeanor or a felony based on the amount involved and the individual’s criminal history.
Potential Criminal Penalties
The severity of the punishment depends largely on whether the fraudulent check amount exceeded $950.
| Charge Type | Potential Jail/Prison Time | Maximum Fine | Additional Consequences |
|---|---|---|---|
| Misdemeanor | Up to 1 year in county jail | $1,000 | Summary (unsupervised) probation |
| Felony | 16 months, 2 years, or 3 years in county jail or state prison | $10,000 | Formal (supervised) probation; loss of gun rights |
Factors Influencing Penalties
- Check Amount: If the total amount of fraudulent checks is $950 or less, the offense is typically a mandatory misdemeanor under Proposition 47, unless the defendant has specific serious prior convictions. If the amount exceeds $950, it is more likely to be filed as a felony.
- Prior Record: A history of forgery, counterfeit offenses, or theft can lead prosecutors to seek felony charges regardless of the check’s value.
- Additional Charges: Depending on the nature of the scheme, he could also face charges for Forgery (PC 470), Grand Theft (PC 487) if the loss exceeds $950, or Identity Theft (PC 530.5) if he used another person’s information.
Other Consequences
- Restitution: If convicted, the court will likely order him to pay the full amount of the fraudulent check back to the victim (Main International).
- Civil Liability: The victim can sue in civil court to recover the check amount plus additional damages of up to $1,500.
- Banking Records: Convicted individuals are often included in the ChexSystems database, which can prevent them from opening bank accounts in the future.