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    Default Check Fraud for Cashing Third Party Checks

    My question involves criminal law for the state of: CA

    Hello,

    Recently, I sheltered a family member who was on the verge of becoming homeless if I wouldn't have helped them. When I brought them in, they had a little over $2,000 in settlements checks, some in their name & some in other family members names. I thought itwas a little weird at first, them having & cashing checks (which were real) that were not made out to them but I just decided to mind my own business. Anyhow, they came to me and asked if they could deposit a few of the checks into my bank account so that they could get the money faster (they had openes an account but their debit c rard wouldn't get here for 10 business days) and me, being compassionate and wanting to help family in need, I agreed to it. Let me just say this, I wasn't thinking, it was a retarded move on my part and I feel so stupid for doing it. So, I deposited four checks into my account with my signature on the back of all of them. The first few went through but the very last one, I had a problem with it. The teller said that she would have to call and get the check verified and that it would take a couple days, she took down my name and cell number. That was a few days ago, now today the check was suppose to clear so I called customer service to confirm if the check cleared or not. The lady told me that tge check was debitted out of my account because it did not have my name on it and the person who it was made out to is not on my account. Afterward, I call the bank branch where I deposited the check and ask them if I can get the check back (so I can return it to my family member) and they tell me that I cannot have the check back and that corporate security is handling it. I told my family member what happened and they just kind of brushed it off like it was nothing and left. Now, I just want to know if I can get in trouble for this and if so, to what degree? Yes, I did know that the checks were not in their name but in other family members names (the names of the people on the checks are family members of the persons spouse, I hope that makes sense) but I did not know that they couldn't cash them, as dumb as that may sound I honestly didn't know. Yes, I depositeds myself and signed my own signature on the back but they forged the persons name on the back as well who the check was made out to. I honestly, did not know that things could get this bad. I didn't even know that I couldn't deposit third party checks into my account. Any advice would be helpful, thank you. And, again, I know I made an incredibly idiotic mistake on my part and in that sense, I guess I deserve to be punished.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Check Fraud for Cashing Third Party Checks

    as far as depositing a 3rd party check into your account; it must be a policy specific to your bank. There is nothing inherently wrong, improper, or illegal about depositing 3rd party checks into your account.


    If you were aware the signatures were forged, you are complicit in the crime. If you were aware your family member was writing in some name as the payee, then you are complicit in the crime.


    the worst part: if you do not have anything to connect your family member to the checks. If your family member denies involvement, unless you can prove otherwise, you will are going to be considered the primary actor in the situation.

    When the police come knocking, do not say anything other than; I choose to remain silent and I want a lawyer.

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