G/f and Bf break up, had a joint banking account together.Long after they part he cashes $1000check. Fraud or?

Question

friend of DonJuan: he didnt have any money
f. of DonJ: it was closed
f. of DonJ: everything is mine
Don Juan: o ok
f.of DonJ: hes a broke loser
Don Juan: so its been closed but theyre still tryin to get you

friend of Don J: it was closed. and the bank made the mistake by giving him tha money without putting the hold on it because it was a personal check to himself and it was too much money. the teller made tha mistake if she did her job it would of never of been cashed

ACCOUNT WAS CLOSED

Answer 1

It's kind of hard to make any kind of comment about this particular situation because there are a lot of variables which have not been addressed such as:

Is the account still in good standing? Is it open or closed?

Who is the primary on the account? Is his name still on the account?

Did he write a check on the joint account? Or, did he attempt to cash a check through the joint account which he knew was bad?

Why did "he" attempt to cash the check through the account? Was it done with the intention of causing the former girlfriend an inconvenience?

What was the money for? Gambling? Alcohol? Drugs?

I suppose that last question is a little pointed, and probably none of my business, but the reason it's still there is because it really helps to show a person's motivation for doing something like this.

Now, depending on where this fellow resides, writing a bad check in the amount of a thousand dollars (in the United States, mind you) is a felony offense. Charges for such an offense could include anything from fraud, forgery with a writing instrument, theft, and larceny, to criminal mischief, etc. They might even make it a Federal offense, depending on what sort of bank the account was held at, i.e., a credit union, etc.

[Post Script]: Since the account was, in fact, CLOSED, I would have to say that the individual who cashed the check would be guilty of fraud, or forgery, theft by deception/fraudulent scheme, larceny by deception, or something similar. I hate to assume anything here, but if I am to understand what you've added since the original question was posted, the girlfriend, was probably the "primary" on the account, so the bank and probably local law enforcement authorities will, no doubt, be pursuing her for payment/rectification of this debt, or legal [prosecution] purposes because as far as the bank and the law is concerned, she is ultimately responsible for any and all activity on said account. However, since, the account was closed, that fact probably won't make much difference.

The steps she should take to prepare her case are easy. She should obtain a copy of the check, or the original post-proofed check and take it to local law enforcement and have them make a report stating that HE fraudulently, or deceptively cashed the check [for his own personal gain] and, thereby, stole money from a defunct account in the amount of a thousand dollars.

His behavior, depending on where this offense took place could be listed as several different felony charges.

You might also want to give some thought to whose fault all this really is. I am inclined to believe that the bank might also be partially at fault because they should have known the account was closed, and therefore prevented this theft from happening in the first place. Being that banks hate to have their trust tampered with, I'm wondering if maybe the teller or whoever allowed him to cash the check might not have been in on this little scam - have you considered that possiblity?

Does he know anyone who works for the bank where the check was cashed? I ask because it seems to me that if the account was closed, unless you live in Podunk, USA where the bank is NOT computerized, a mistake like this should never have been made. Should there have been some loophole or whatever, for the withdrawal of a thousand dollars on a joint checking account which was closed, they SHOULD have contacted the primary user on the account.

***Maybe you should contact the bank in question and find out exactly what their policies and procedures are for handling a situation like this to determine whether or not you need to pursue legal action against them, too for being negligent.

Cheers, and be well. I hope you get this mess cleared up. It might not be a bad idea for you to talk to a lawyer to find out more about how to handle this situation.

Answer 2

Why was the account still open "long after they part"? And how much was in it, and how much had each contributed?

Legally, if it was a joint account, either person could take money out. Ethically, it would seem that the money should have been split according to who had put how much in.

Answer 3

As long as his name was still on the account then he's safe. Of course, she could nail his *** in court if the $1000 was more than his half of the money in the account when they broke up. For what it's worth... it seems a spiteful thing to do and I hope she takes him for all she can get.

Answer 4

Sue the hell out of him for your half!!!! U are entitled to half of that account. If u put just as much as he did in the account then u need ur half too. First try to talk to him and if ya'll can't agree on an amount, then sue him in small claims court.

Answer 5

First of all, the account should have been closed.

I think if his name was still on the account, there maybe nothing she can do about it.

Maybe go to small claims court.

Answer 6

Just because they break up doesn't null and void the account. I don't see where this could be fraud just stupidity on someone's part.

Answer 7

No it's not fraud.Both names were on the account.