[zoinbergs]

My question involves criminal law for the state of: COLORADO

Hello guys! Thank you so very much for reading this thread. Hopefully my problem has an easy solution to it. I apologize in advance if it doesn't. In any case, I really appreciate whatever input you have to offer. You are very kind for trying. =)

Hmmm, let me think about how to best explain this situation. Perhaps before I say anything more, you should know that I have learned from (and taken financial responsibility for) my mistakes made regarding this matter. I was young and naive, but I have grown up since. I am a completely law abiding citizen now. At this point I am only seeking the true definition of justice. I think you will understand more of what I mean toward the end of this thread.

Alright, so five years ago I wrote a few large fraudulent checks, drawn upon a closed bank account, made out to three individuals we'll call Bob, Jack, and Dan. I had signed the front of these checks with my own name, in my own signature. The memos on each check read "Computer Parts" or something of the like. The amount of money these checks were written for totaled over $15,000.

After I handed these three individuals my checks, they walked into their respective banks, endorsed them, and then cashed them. According to their bank statements all my checks had (initially) cleared, meaning they all left their banks with cash in their hands.

Here's where it gets tricky. They were actually supposed to give me the money they had received, so we could divide it up evenly between us. You see, Bob, Jack, and Dan were initially committing fraud WITH me. They knew full well that my checks were fraudulent. The memos on each check were completely bogus.

Okay, so a few weeks later I was arrested and charged with felony theft of over $15,000. I said absolutely nothing to police when asked what had happened. At the time I was actually under the impression that my checks had bounced, because that is what these three individuals told me when they came out of their banks. I thought these guys were still my friends, so I basically gave the silent treatment so as to not be labeled a snitch by them.

Now toward the end of my jail sentence I finally read in my discovery papers that when the police asked them what had happened, they said they gave me all the money the pulled out from each check, and that I was some computer kid with a business they had just met on the street.

As far as their bank accounts go, each check written to them bounced several days later, and their accounts all went deep into the negative (remember, because they had pulled out cash for each check). All three of them had their parents transfer money into their accounts so as to not damage their credit. In the end, I was asked by the courts to pay restitution to these parents. All $15,000+ of it.

Now I have already brought all this to the attention of the investigator who originally followed my case. I contacted him two years ago when I finally got the chance. I know that sounds horrible, not talking about this until years after it happened. I wish I didn't have to admit that I am a very bad procrastinator, especially when it comes to things like this of uncomfortable nature. Anyways, the investigator said he'd look into it, and get back to me. But it's been two years since we spoke, so I feel as though I'm not a high priority of his. Today I finally decided to try another route, through you guys, to see if I have other options available to me.

Before I move on, I want you to know that I am a completely different person than the one I just spoke of, who committed said check fraud. I have learned SO much about myself and my moral fiber these last five years, that I don't even recognize the person I used to be. Today, I've never been more confident in what I believe is right and wrong. And stealing is WRONG. I successfully served my six month jail sentence directly after this happened, and I just successfully completed probation as well! I am only left with the requirement to continue paying regular restitution payments -- something I've been doing monthly ever since this all happened. A long time ago I came to the realization that until I can prove I don't owe this money, I legally do. And I have been taking the responsibility to pay it.

So here I am, five years later. I still owe the parents of these individuals money. However, I know in my heart that I don't. If you only knew my situation from the inside out, you'd understand how badly I need to stop paying this restitution. I was even homeless last year because of my lack of reliable employment compounded by this persistent requirement to pay. Right now I'm doing okay, but at the rate I'm able to afford paying restitution each month, I'll be paying these parents for another five years.

Does anyone, anyone at all know if I still have any legal recourse in regards to this situation? I can think of a few, but I don't know how to approach this whole thing anymore. I guess here's what I've been able to come up with so far though..

I have a potential witness, if he's willing to come forward, that saw this whole thing happen first hand. He did not commit any crimes with me and these three individuals. He was just a mutual friend of ours who watched from a distance. He was on probation at the time, and didn't want to get into any more trouble. He's afraid of revoking his probation though, if the courts find out that he knew what was going on, but didn't do anything about it. He doesn't want to be considered a co-conspirator or something like that. Do you guys think he could become anonymous and protected, perhaps granted immunity if he comes forward?

The other idea that struck me recently, is that while I cannot prove that these three individuals didn't give me the money, perhaps I could prove that
I never received the so called "Computer Parts" I was referring to in the memo of each check. Does anyone know exactly how checks work? Like when they are signed for, endorsed, and cashed? I can't remember if I plead guilty to receiving the money, or just using a financial instrument for fraudulent purposes. I can look this information up if needs be.

I am so confused right now. When Gary writes a check to Bob, for a product or service that Bob doesn't deliver, is there any legal recourse for Gary? Bob certainly received the money. What proof does Gary have that Bob's product or service wasn't delivered? I'm thinking, even though I was charged with fraud, and the checks I wrote were clearly on a closed account.. I did sign a normal check for normal items, like computer parts. Doesn't that transfer liability over to the person I wrote the check to? Liability to deliver the product or service referred to in the memo?

Basically, the question I ask is... how can I prove that I either didn't receive the computer parts I was referring to, or didn't receive the cash instead? There's gotta be some recourse. I know it! I also wonder, would civil court be of any assistance? Or could this still be criminal in nature.

Well there you have it. I am SO incredibly sorry about the length of this post! If anything, my explanation hopefully left you informed and without need for asking questions though. Of course if you have any questions, please let me know! I can probably go into (even) more detail if you still need clarification. Yep, unfortunately there's probably more detail available.

Thank you from the bottom of my heart whoever is kind enough to respond to this and knows how to help me. Of course if true "legal" help is required, perhaps somebody can shoot me in the right direction? Do you think maybe I need a private investigator at this point? Oh I am so sorry for the bloody questions! I just don't know where to start anymore.

I'll shut up now, before I annoy one of you reading this.

Thanks again, and I look forward to hearing from you.

Sincerely,
"Gary"

[Mr. Knowitall]

So, basically, your story is that you didn't believe the checks were honored - and you agreed to pay $15,000 in restitution anyway? And five years later you have decided that your partners in crime pocketed the $15,000?

I would have expected you to have figured that out at the time you agreed that $15,000 in restitution was owed.

[zoinbergs]

I'm not the sharpest knife in the drawer, okay? People make mistakes, and me not doing something about this sooner is a huge mistake. I know that.

I was also under the impression for the first few years that because I was the one who wrote the checks, I was liable for the entire amount they were written for, regardless of if I received the money from them or not. At the time, I didn't know much about how financial instruments work.

I also thought to myself that because I couldn't "prove" I never received the money, there was little I could do about it. My logic was flawed; only recently did I realize that the burden of proof might not be on me in the first place.

Think about a landlord and his tenant. A tenant pays rent for one month. The landlord claims he never received the money. The landlord could be right, in that he never received any check in the mail. But what if he's lieing? What can the tenant do to prove the money was received? He could show that the money was debited from his checking account or something. But the burden of proof lies on the tenant, and not the landlord. Does it not?

Anybody can claim they never received something. Especially if they really didn't, and even if they did and found a way to hide it! I believe that's why people get things in writing. Until anybody gets anything in writing, it's just one person's word against another, right?

Does anybody know where the burden of proof lies when exchanging money?