An Act relative to clarifying check fraud jurisdiction and enhancing check washing penalties

194th Legislature (2025-2026) Introduced by Paul Feeney

Strengthens penalties for check washing and clarifies venue for check fraud cases to improve enforcement and access to justice.

House concurred

Overview

This Massachusetts bill seeks to (1) clarify the proper venue/jurisdiction for offenses involving check fraud, and (2) strengthen penalties for the crime of check washing. The proposed changes would apply to the Massachusetts General Laws, Chapter 266, and affect prosecutions related to forged, altered, counterfeit checks, drafts, or money orders.

Bill status: House concurred

Introduced: February 27, 2025

Origin: Senate Docket No. 2511, filed January 17, 2025

Sponsor: Senator Paul R. Feeney

Key Provisions

1) Clarified jurisdiction for check fraud (Sections 1 and 2)

Section 30 (amendment): When larceny involves monies received through uttering a forged, altered, or counterfeit check, draft, or money order from a bank or other depository, the case may be brought in either:

the court with jurisdiction where the uttering took place, or
the court where the payee bank or other depository’s main office is located.

Section 37 (amendment): Action may be taken before either the court having jurisdiction where the crime was committed or where the main office of the bank or other depository is located.

These changes aim to provide broader flexibility in venue for pursuing check fraud cases, potentially improving access to prosecutors and ensuring cases can be heard in a convenient or appropriate location for victims and financial institutions.

2) New section: Check washing; penalties (Section 3)

New Section 37 ½: Check washing

Definition: “Check washing” means intercepting a check or money order and chemically or otherwise altering the check or money order to change the payee name, the amount, or both, and then fraudulently cashing or depositing (or attempting to cash or deposit) the instrument.
Penalties (tiered by amount):
If the amount fraudulently obtained or attempted to be obtained exceeds $1,200:
- Imprisonment in state prison for up to 10 years, or
- Fine up to $50,000.
If the amount does not exceed $1,200:
- Imprisonment in jail for up to 2 years, or
- Fine up to $3,000.

Who Is Affected

Defendants: Individuals charged with check fraud or check washing under Massachusetts law.

Financial institutions: Banks and other depositories, which may benefit from clearer venue rules and enhanced enforcement against check fraud.

Victims of check fraud: Potentially improved ability to pursue cases in a convenient or appropriate jurisdiction and stronger penalties for check washing.

Procedural and Timeline Details

Legislative actions:

2025-02-27: Referred to The Judiciary (as part of the bill’s progression).
2025-02-27: House concurred (indicates agreement between Senate and House on the bill’s language at that stage).

The bill amends existing sections in Chapter 266 of the General Laws and inserts a new section (37 ½) on check washing.

Potential Impact

Enhanced deterrence against check washing due to higher penalties for larger frauds and meaningful jail/prison terms.

Clarified jurisdiction could streamline prosecutions and reduce venue disputes for cases involving forged/altered checks and related instruments.

Banks and victims gain clearer paths for pursuing justice in appropriate courts.

If you’d like, I can provide a side-by-side comparison of existing law versus the proposed changes or a concise impact table.

Bill