The check must have been tendered for
either wages or present consideration. The offense of
Deposit Account Fraud is analogous to a theft of the item or
services received through the fraudulent presentation of
worthless paper when immediate payment is expected. Anything
that temporally separates the exchange will negate the
concept of present consideration.
Present consideration includes:
A. Goods or services tendered for check.
B. Rent which is past due or presently due.
C. Child support, pursuant to court order or written
D. State taxes, whether or not past due.
E. Simultaneous agreement for the extension of additional
credit where additional credit is being denied.
F. A written waiver of mechanic's or material men's lien
Present consideration does not
A. Post-dated check.
B. Payment on an installment account or on an open account
for goods/services previously received.
C. Request by Defendant to Victim to hold check, expects to
deposit soon to cover balance.