Cook County State's Attorney's Office:
Press Releases

Richard A. Devine
Cook County State's Attorney
500 Richard J. Daley Center
Chicago, IL 60602
(312) 603-3423
www.statesattorney.org

State's Attorney Richard Devine's new Bad Check Restitution Program, aimed at assisting local merchants who are victimized by bad checks in obtaining full restitution, has resulted in $284,241 in repayment on 22,249 checks since the program's inception in January. The program relieves victims of the burden of paying collection fees without adding to the financial burden of the criminal justice system.

The program operates as a unique effort between private and public sectors to address the estimated millions of dollars in bad checks passed in Cook County every year, most of which goes uncollected. Devine's program enables Cook County merchants to receive restitution without paying collection fees, while first-time bad check offenders may avoid criminal prosecution by paying restitution and attending a mandatory, eight-hour intervention class. All of this is accomplished with no cost to taxpayers.

"The harm that bad checks have on local businesses should be of great concern to all of us," Devine said. "Millions of dollars are lost every year by merchants, but we all pay. Higher consumer costs are passed on to offset losses, and taxes are increased to cover the costs of law enforcement and prosecution."

Offenders agree to voluntarily participate in the diversion program instead of facing prosecution. To avoid prosecution, a first-time offender must pay full restitution and costs; pay for and attend an educational class; and pay an administrative fee. More serious offenders, repeat offenders, or those with criminal history not suitable for diversion may be directed for prosecution.

In operating the program, the State's Attorney's Office partners with American Corrective Counseling Services (ACCS). ACCS operates similar programs in about 60 counties in a dozen states. The largest programs are operating in Los Angeles, Miami and San Diego. In Illinois, ACCS operates bad check programs in 19 counties.

How the Program Works:
1. The victim makes personal contact with the check writer.

2. If unsuccessful in collecting money, the victim contacts the program by calling (800) 365-2960 or by emailing to cookil@checkprogram.com. Additional information is available on the Bad Check Restitution Program website: www.checkprogram.com/cookcountyil

3. The victim fills out a crime report, attaches originals of checks and notification documents and mails it to the Cook County Bad Check Restitution Program, P.O. Box A3984, Chicago, IL 60608-3984.

A Check is Eligible for this Program If:
1. The amount of the check is no more than $5,000 (or multiple checks do not exceed this limit). There are no minimum dollar restrictions.

2. The check was received in Cook County, deposited in a bank in exchange for goods or services, and was presumed "good" at the time of acceptance.

3. A courtesy notice was sent to check writer allowing 10 days to make the check good.

4. The check is submitted to the program within 90 days from the date of the check.

5. A photo I.D. (driver's license, state identification card) was recorded at the time of the transaction.

The eight-hour education seminars teach basic money management, checkbook balancing, budgeting and the habits needed to avoid bouncing checks. More than 725 offenders have participated in the seminars during the program's first six months. Participating merchants include Jewel-Osco, Wal-Mart, Dominick's, Target, Food 4 Less, Marshall Field's, Cub Foods, Whole Foods, and Best Buy.

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