A. Definitions: As used in this Section, the following words and terms shall have the meanings ascribed to them in this subsection:
ACCOUNT HOLDER: Any person, having a checking account or savings account in a financial institution.
FALSE STATEMENT: Any false statement representing identity, address or employment, or the identity, address or employment of any person, firm or corporation.
FINANCIAL INSTITUTION: Any bank, savings and loan association, credit union or other depository of money or medium of savings and collective investment.
INTENT TO DEFRAUD: To act wilfully and with the specific intent to deceive or cheat, for the purpose of causing financial loss to another or to bring some financial gain to oneself. It is not necessary to establish that any person was actually defrauded or deceived. (Ord. 615, 3-6-1995; 1998 Code)
B. General Deception: A person commits a deceptive practice when, with intent to defraud:
1. He causes another, by deception or threat to execute a document disposing of property or a document by which a pecuniary obligation is incurred; or
2. Being an officer, manager or other person participating in the direction of a financial institution, he knowingly receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; or
3. He knowingly makes or directs another to make a false or deceptive statement addressed to the public for the purpose of promoting the sale of property or services; or
4. With intent to obtain control over property or to pay for property, labor or services of another, or in satisfaction of an obligation for payment of tax under the Retailers' Occupation Tax Act or any other tax due to the State of Illinois, he issues or delivers a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository. Failure to have sufficient funds or credit with the depository when the check or other order is issued or delivered, or when such check or other order is presented for payment and dishonored on each of two (2) occasions at least seven (7) days apart, is prima facie evidence that the offender knows that it will not be paid by the depository, and that he has the intent to defraud; or
5. He issues or delivers a check or other order upon a real or fictitious depository in an amount exceeding one hundred fifty dollars ($150.00) in payment of an amount owed on any credit transaction for property, labor or services, or in payment of the entire amount owed on any credit transaction for property, labor or services, knowing that it will not be paid by the depository, and thereafter fails to provide funds or credit with the depository in the face amount of the check or order within seven (7) days of receiving actual notice from the depository or payee of the dishonor of the check or order. (Ord. 615, 3-6-1995)
C. Deception On A Bank Or Other Financial Institution, False Statements:
1. Any person who, with the intent to defraud, makes or causes to be made, any "false statement" as defined in subsection A of this Section, in writing in order to obtain an account with a bank or other financial institution, or to obtain credit from a bank or other financial institution, knowing such writing to be false and with the intent that it be relied upon, is guilty of a violation of this Section. (Ord. 615, 3-6-1995; 1998 Code)
2. Any person who possesses, with the intent to defraud, any check or order for the payment of money, upon a real or fictitious account, without the consent of the account holder or the issuing financial institution, is guilty of a violation of this Section.
Any person who, within any twelve (12) month period, violates this Section with respect to three (3) or more checks or orders for the payment of money at the same time or consecutively, each the property of a different account holder or financial institution, is guilty of a violation of this Section.
3. Any person who possesses, with the intent to defraud and without the authority of the account holder or financial institution any check imprinter, signature imprinter or "certified" stamp is guilty of a violation of this Section.
4. Any person, who with the intent to defraud, possesses any check guarantee card or key card or identification card for cash dispensing machines without the authority of the account holder or financial institution, is guilty of a violation of this Section.
A person who, within any twelve (12) month period, violates this Section at the same time or consecutively with respect to three (3) or more cards, each the property of different account holders, is guilty of a violation of this Section.
A person convicted under this Section, when the value of property so obtained, in a single transaction, or in separate transactions within any ninety (90) day period, exceeds one hundred fifty dollars ($150.00) shall be guilty of a violation of this Section. (Ord. 615, 3-6-1995)