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Cashing a Fraudulent Check

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  • 07-11-2014, 01:03 PM
    4sonny
    Cashing a Fraudulent Check
    My question involves criminal law for the state of: Georgia
    Someone I know was contacted my a man, telling them that he needed a bank account to cash a check. He told them that he would give them a portion of the money if they allowed him to cash the check. He told them is was a legit check from his mother babysitting agency and it would clear at 12:30am. They allowed him to use their ATM card to cash this check, under the impression that it was a legit check that would be cashed. The man took $200 out of their account, and once 12:30 hit the account was on hold for fraud.
    Being that this person was un-aware that the check would bounce, and their money was taken from the account, what should they do? The person called and reported the card as stolen since the man, took the money and ran. Should this person be prepared for fraud charged? If so what type of charges is the person who's account it was, be prepared to face? If charged how should the protect themselves?
    This person now realizes how naïve they are, but at the time thought that it was a legitimate dealing. How can I help this person?
  • 07-11-2014, 01:42 PM
    Mr. Knowitall
    Re: Cashing a Fraudulent Check
    Quote:

    Quoting 4sonny
    View Post
    The person called and reported the card as stolen since the man, took the money and ran.

    Are you telling us that, instead of telling the truth to the lender about what happened, the account holder lied and claimed that the check was deposited by somebody who stole his ATM card (and somehow got his PIN)?
  • 07-11-2014, 02:03 PM
    4sonny
    Re: Cashing a Fraudulent Check
    Yes, because the person never returned their card. The PIN was written on the card.
  • 07-11-2014, 06:58 PM
    Disagreeable
    Re: Cashing a Fraudulent Check
    They have now committed fraud. They authorized the transaction.
  • 07-11-2014, 08:36 PM
    Mr. Knowitall
    Re: Cashing a Fraudulent Check
    Quote:

    Quoting 4sonny
    View Post
    Yes, because the person never returned their card. The PIN was written on the card.

    Given that your friend chose to lie, he is not only attempting to defraud the bank out of the money from the bad check, it's quite possible that he could have undermined any chance he has of convincing the police that he was not an active participant in the check fraud should they find his partner in crime or find other evidence of his participation in the crime. As he cannot undo any of his actions, he should consult a criminal defense lawyer about how to proceed.
  • 07-11-2014, 08:56 PM
    Dogmatique
    Re: Cashing a Fraudulent Check
    Is it completely naive of me to ask why someone would keep the PIN written on the card?

    Don't they teach us in grade school not to do this?

    And did the friend tell the police who stole the card?
  • 07-11-2014, 09:34 PM
    Mr. Knowitall
    Re: Cashing a Fraudulent Check
    The story here is that he gave the card and PIN to the partner in crime, such that the partner in crime could deposit the check. He's told us that the friend has lied about the entire course of events in order to try to avoid having to cover the bad check.
  • 07-11-2014, 11:33 PM
    Dogmatique
    Re: Cashing a Fraudulent Check
    Sucks to be him, then.

    C'mon - I read the whole thing to my dog, and even she laughed.
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