my friend mandy found a check that was signed and filled out for around 1000 dollars but not made out to anyone so she put her name on it and cashed it she got a call from a detective investigaging check fraud she is scared shitless she figured it was like finding money kinda stupid i think but what is going to happen to her can she get in some real truouble or do you think she can get off this is the only thing she has ever done other than tickets what do you think??
2006-12-12 04:34:39 · 10 answers · asked by Anonymous in Business & Finance ➔ Credit
she got arrested a couple hours ago for forgery but i don't see how this is forgery it was signed and had an amount on it??any help she told me she will pay the money back and she hasn't slept in days i think she has been punished??or do i just feel sorry for her?
2006-12-12 09:12:55 · update #1
It is NOT like finding money.
A check is a legal document that represents a contract between two parties.
She can get in some real trouble.
She needs to immediately give the money back and by doing so she MAY be able to talk her way out of it.
She is going to need to prove that she found it already made out.
Right now the evidence points to the possibility that she stole the check and forged it....stealing the money.
There are several possible felonies in there....so she needs to make good right now and I mean yesterday.....
2006-12-12 04:40:15 · answer #1 · answered by markmywordz 5 · 1⤊ 1⤋
She quite possibly could get in trouble. She did commit theft by cashing a check that was not intended for her but there are two sides here. The person (and assuming the signature on the check was the proper owner) left the check with no name on the "Pay to:" line. Major mistake. She may get nailed for theft, but I am not sure about fraud. Fraud implies deception. She wrote her own name and utilized the bank, cashing it with proper identification. The "Pay to" part of the check being blank is the key there...if she changed the name, or tried to pass herself off as the person actually named on the check, etc, etc...that's fraud. Either way, your friend is an idiot.
To the person above who said "make the check out to cash":
If Cash is written on the "Pay to" line, ANYONE can cash that check.
2006-12-12 16:33:03 · answer #2 · answered by dougzinboston 4 · 0⤊ 0⤋
She needs an attorney right now. NEEDS one, because check fraud is check fraud and it's a jailable offense, for which she is probably soon going to be arrested for.
She needs to consider it this way -- the money was STOLEN from the bank account she drafted it against. It's not free money -- just like the money in her bank account belongs to her, that money belonged to the person whose account she drafted the check against.
They're probably getting a case against her and will come down on her hard.
The Lesson: the bank is not joking when they say you need to control your checks. The person who lost his/her check should have immediately stopped the check.
Your friend was stupid -- she should have turned the check into the closest branch of the bank the check belonged to so it could be shredded. The check-writer was also a moron, but it doesn't excuse what your friend did.
And, fine, if it's not check fraud, it's theft.
2006-12-12 12:44:00 · answer #3 · answered by Jess B 3 · 0⤊ 1⤋
It was stupid of her and yes, she could go to jail. What she needs to do is just tell them that she was stupid for doing it. She didn't think that it was any different than finding money. She will probably end up with a court date. When that happens, she needs to admit that she did it, apologize, and then try to get herself set up for some way to pay the money back, which she is going to have to do. If she tries to fight it, all she's going to do is take a chance of getting a fine, and maybe even jail time, and still have to pay it back.
2006-12-12 12:47:35 · answer #4 · answered by MommaRoxie 2 · 0⤊ 1⤋
I agree with Jim. He has the only right answer on this board (plus, he's not talking out of his @$$. He's a business law prof). Of course, after I wrote this, he deleted his answer.
Anyway, a check IS a negotiated instrument. Since the amount was filled out and the check was signed, nothing was fraudulent. All she did was put her name on it and deposit it.
In the future, if you find a blank check, make it out to cash.
2006-12-12 12:50:33 · answer #5 · answered by trigam41 4 · 1⤊ 0⤋
If she can talk to the person that the check belonged to and pay the money back than she might not go to jail but there is a chance of her going so tell her to be careful.
2006-12-12 12:45:51 · answer #6 · answered by God R 3 · 0⤊ 1⤋
she knew what she was doing was wrong when she did it. she knowlingly commited a crime and now she has to pay the price. since she has never been arrested before she most likely will not do any jail time. i hope she learned a lesson and never does anything stupid like that again.
2006-12-15 00:19:08 · answer #7 · answered by luciousgreeneyedlady 5 · 0⤊ 0⤋
Her actions proved that your friend has larceny in her heart. Theft laws are enacted to counteract such contingencies. Yes. it is very possible that your friend can go to jail for what she did.
2006-12-12 13:00:42 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes.
2006-12-12 16:45:25 · answer #9 · answered by Anonymous · 0⤊ 1⤋
she needs to pay it back - what was she thinking - it would be traced back to her account ????????
2006-12-12 12:46:02 · answer #10 · answered by Anonymous · 0⤊ 1⤋