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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Question Check Fraud, False Endorsement of Checks

    My question involves criminal law for the state of:

    I have a close family member that has been endorsing checks to his account without permission from the business owner. Apparently it has been going on for a couple of years. He says the amount is upwards of $150,000!! The insurance payments come in as checks, which he then would endorse the owners signature and deposit straight to his account.

    Fortunately the owner is NOT filing a suit to the employee (relatives), but rather the financial institution that allowed for these activities to continue for so long.

    We know it is a felony and a very serious offense. What we don't know are the Legal rights of the Financial institution and the victim (owner) in this case. Ultimately, the owner will be suing the bank, not the person whom forged checks.

    Ideas?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Check Fraud, False Endorsement of Checks

    He needs a criminal defense lawyer.

    If somebody has made good on the money he stole, be it the bank or an insurance company, they will want their money back from him. That may occur as the result of a lawsuit, criminal restitution, or both.

  3. #3
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: Check Fraud, False Endorsement of Checks

    The financial institution will most likely prefer to make it a criminal matter against the perpetrator! Although they are lacking a bit on their procedure adherence (i.e. signature matching), each and every time a check was fraudulently endorsed, then redirected to an account that it was not intended for, a crime was committed!

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