Bad Check

[hfelicia]

My question involves criminal law for the state of: NY

I appreciate if someone can give me suggestions. Thanks for your time for my case. Here is the story: I am not an US citizen. I come to study in the US since four years ago. But from Nov 2008 to now, I have stayed in my home country for doing dissertation research. I keep my money in my H bank (alias) accounts in the U.S.

In early February 2009, I realized that I do not have enough money to use in my home country so I wrote an $8,000 check to myself and deposited it in a bank in my home country. (I am the writer and the recipient of the check.) At that moment, I had $8,000 in my saving account, but not in my checking account of the H bank. After I deposited the check, I forgot to transfer $8,000 from my saving account to my checking account. (I know I am dumb and careless. I had some family problems at that time and I really do not remember how I forgot to transfer the funds.)

One week later, when I logged into the online banking system of the H bank, I realized that I messed up. I immediately transferred $8,000 from my saving account to my checking account. The next day, I logged into the online banking system again, and I realized that the check that I wrote was bounced because of "insufficient fund".

Meanwhile, the local bank in my home country called me and asked me what happened. I explained and decided to re-submit the same check in order to transfer the funds from the U.S. to my home country.

On March 2, I logged into the online banking system of the H bank again and found that the re-submitted check was cashed. But two days later, the fraud prevention department of the H bank contacted me and asked me if I am the writer of the check. I told the representative “yes I am the writer.” She explained that she wanted to verify my checking account activity because my checking account hasn’t been actively used for half a year and she was wondering if the $8,000 check is a fraud. I assured her that I did write the check because I needed to transfer funds from the U.S. to my home country. I asked her if I can use the rest of my checks in my checkbook and if my checking account is fine. She said yes. (Her office is in NY too)

My questions are as follows. Since I am the recipient of the check, if I do not file a complaint in the county I stayed in New York, would I be prosecuted for fraud? In particular, I am very worried about if I would be prosecuted for a criminal offense. Is any thing I should do to help myself now? Thanks for your kind help in advance. Any suggestions are welcome.

[aaron]

Did you cover all of the bad check fees? There was only one dishonored transaction, and you weren't trying to artificially inflate the balance of your checking account or commit an act of fraud?

I can't predict the future; But I'm trying to figure out from your narrative who you believe might accuse you of a crime and why.

[hfelicia]

Did you cover all of the bad check fees? There was only one dishonored transaction, and you weren't trying to artificially inflate the balance of your checking account or commit an act of fraud?

I can't predict the future; But I'm trying to figure out from your narrative who you believe might accuse you of a crime and why.

Thanks for your reply!

The insufficient fund service fee ($35) was reversed by a bank representative so I did not have to pay any bad check fee.

I was not trying to inflate the balance and had no intention to commit an act of fraud. I deposited the check in order to use the money overseas, but I stupidly forgot to transfer money from my saving account to my checking account.

I was wondering if the bank can accuse me of a crime. I guess my question is dumb but I really don't understand how the bad check law works.....

I really appreciate your kind help!