The Irvine Police need your help to identify two men who are responsible for cashing fraudulent checks.
The first check was deposited at US Bank in San Juan Capistrano, while the second check was cashed at US Bank in Compton.
The men appear to be Hispanic. One of them was wearing a white long-sleeved shirt with the sleeves rolled up, in a surveillance photo released by the police. The other was wearing a black t-shirt and a white baseball cap with an upside down L.A. Dodgers logo. He also had facial hair. Both of the suspects had dark hair.
If you recognize them, please contact Investigator Berbiglia at nberbiglia@cityofirvine.org.
Potential Charges and Penalties Faced by the Suspects
Under California law, these individuals could be prosecuted for several “wobbler” offenses—crimes that can be charged as either a misdemeanor or a felony.
- Check Fraud (PC 476): This is the primary charge for passing or attempting to pass a fictitious or altered check.
- Misdemeanor: Up to 1 year in county jail and a fine of up to $1,000.
- Felony: Between 16 months and 3 years in jail/prison and a fine of up to $10,000.
- Forgery (PC 470): If the suspects signed someone else’s name without permission or altered the checks, they could face forgery charges, which carry similar sentencing to check fraud.
- Identity Theft (PC 530.5): If the suspects used fake IDs or the victim’s personal information to cash the checks, they could be charged with identity theft.
- Misdemeanor: Up to 1 year in county jail.
- Felony: Up to 3 years in jail/prison.
- Commercial Burglary (PC 459): Entering a bank with the intent to commit a felony (like grand theft or fraud) is considered second-degree commercial burglary.
- Felony: Up to 3 years in jail.
Factors Affecting Sentencing
- The $950 Threshold: Under Proposition 47, check fraud or commercial burglary involving amounts of $950 or less is typically prosecuted as a misdemeanor unless the defendant has certain serious prior convictions.
- Grand Theft (PC 487): If the total amount of the fraudulent checks exceeds $950, the suspects may also face grand theft charges, which can lead to additional jail time.
- Restitution: If convicted, the suspects will likely be ordered by the court to pay back the full amount stolen to the victim or the bank.