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017. COLORADO CRIMINAL CODE – OFFENSES INVOLVING FRAUD – 016. COLORADO CRIMINAL CODE – OFFENSES INVOLVING FRAUD -FRAUDULENT AND DECEPTIVE SALES AND BUSINESS PRACTICES

The Crimes of Fraud in Colorado

The Crime of Fraud in effecting sales in Colorado

Fraud in effecting sales, which includes violations such as using a false measure, selling less than the represented quantity of a service, and making a false statement in an advertisement, is a class 2 misdemeanor. 18-5-301 (1)

The Crime of Unlawful activity concerning the selling of land in Colorado

Signing a lien waiver for a construction loan and knowingly failing to pay any debts resulting from a construction agreement covered by the waiver is a class 1 misdemeanor unless there is a legitimate dispute as to the existence or amount of the debt. 18-5-302 (3)

Any person who knowingly makes a false representation as to the existence of an ownership interest in land that is relied upon commits a class 6 felony. 18-5-302 (2)

A person who sells the same land twice with intent to defraud commits a class 5 felony. 18-5-302 (1)

The Crime of Bait advertising in Colorado

A person who offers property or services as part of a scheme or plan with the intent to not provide the property or services as advertised commits the crime of bait advertising, which is a class 2 misdemeanor. 18-5-303 (3)

The Crime of Altering an Identification number in Colorado

Altering an identification number is a class 3 misdemeanor. 18-5-305 (5)

The Crime of Electronic mail fraud in Colorado

The first offense of electronic mail fraud, which is defined as violating any provision of 18 U.S.C. sec. 1037 (a), is a class 2 misdemeanor. 18-5-308 (3)

A second or subsequent of electronic mail fraud is a class 1 misdemeanor. 18-5-308 (3)

The Crime of Money laundering in Colorado 18-5-309

Any person who knowingly and intentionally violates any of the provisions of section 18-5-309 regarding money laundering or illegal investments commits a class 3 felony. 18-5-309 (2)

The Crime of Bribery and Rigging of Contests in Colorado

The Crime of Commercial bribery and breach of duty to act disinterestedly in Colorado 18-5-401 (1)

A person who solicits, accepts, or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity commits a class 6 felony. 18-5-401 (1)

A person who holds himself or herself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities, property, or services commits a class 6 felony if he or she knowingly solicits, accepts, or agrees to accept any benefit to alter, modify, or change his or her selection, appraisal, or criticism. 18-5-401 (2)

A person who confers or offers or agrees to confer any benefit the acceptance of which would be a felony under subsections 18-5-401 (1) and 18-5-401 (2) commits a class 6 felony. 18-5-401 (3)

The Crime of Bribery in sports in Colorado 18-5-403 (3)

Any person involved in bribery in sports contests or of sports participants or officials commits a class 6 felony. 18-5-403 (3)

The Crime of Issuance of a bad check in Colorado 18-5-512 (3)

Issuing a bad check is a class 3 misdemeanor unless the offense violates the provisions of section 18-5-205 relating to fraud by check. 18-5-512 (3)

The Colorado Financial Transaction Device Crime Act

The Crime of  the Unauthorized use of a financial device 18-5-702 (3) (b)

Any person who uses a financial transaction device for the purpose of obtaining cash, credit, property, or services or for making financial payment, with the intent to defraud, commits unauthorized use of a financial device. When the value of the cash, credit, property, or services obtained or of the financial payment made is less than $1,000, it is a class 1 misdemeanor. 18-5-702 (3) (b)

The Crime of the Unauthorized use of a financial device if the value of cash, credit, property, or services obtained or financial payments made exceeds $1,000 but is less than $20,000 is a class 5 felony. 18-5-702 (3) (c)

Unauthorized use of a financial transaction device if the value of the cash,credit, property, or services obtained or of the financial payment made exceeds $20,000, it is a class 3 felony. 18-5-702 (3) (d)

The Crime of Criminal possession of a blank financial transaction device in Colorado  18-5-705 (2)

Any person who possesses a blank financial transaction device and who intends to use, deliver, circulate, or sell it without the authorization of the issuer or manufacturer commits a class 6 felony. 18-5-705 (2)

Any person who possesses two or more blank financial transaction devices and who intends to use, deliver, circulate, or sell them without the authorization of the issuer or manufacturer commits a class 5 felony. 18-5-705 (3)

Delivery, circulation, or sale of one blank financial transaction device is a class 5 felony. 18-5-705 (4)

Delivery, circulation, or sale of two or more blank financial transaction devices is a class 3 felony.18-5-705 (5)

The Crime of Criminal possession of forgery devices in Colorado 18-5-706 (2)

A person commits the class 6 felony of criminal possession of forgery devices if he or she possesses any tools, photographic equipment, printing equipment, or any other device used for committing forgery with the intent to use the device to commit forgery. 18-5-706 (2)

The Crime of the Unlawful manufacture of a financial transaction device 18-5-707 (3)

A person commits a class 5 felony if he or she commits unlawful manufacture of a financial transaction device, with intent to defraud, by: (a) falsely making or manufacturing such a device; (b) falsely  ltering or adding codes or information to such a device; or (c) falsely completing such a device. 18-5-707 (3)

 


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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