help can i go to jail?

Question

i recieved a check from a sweepstakes i thought i won(yes the check looked legit). i figured the only way to see if it was real was to deposit it. three days later i check my ballance and the money is there. i withdraw it and spend it. two days later the bank calls and said the check was bogus. i plan on paying the money back but the bank manager says i commited fraud and could face possable prison time.where does the blame lie,on me

Answer 1

The blame does lie partly with you, since you are the one who gave the bank the bad check and withdrew the cash. The bank has every right to pursue criminal charges. However, I recommend that you cooperate with the police, prosecuting attorney, and bank manager to lay out the whole situation and try to compromise. If you have evidence that the fake sweepstakes sent you this check (emails, envelopes, etc), then you might be okay. If not, cross your fingers.

I'm a bit surprised you spent it, because usually fake sweepstakes like that give you a bad check but tell you it's a loan to help you pay their processing fee, and want you to send the cash back to them.

You will have no choice but to pay back the money, but you already plan on doing that, so good for you.

Answer 2

Depends on the state laws and the amount of the check.If the teller or bank cashed the check they were fooled also by the appearance which makes you and the bank loOK bad. Keep any and all paperwork you received with the check as it might prove useful if there is a court date. If you willingly pay back the bank they should drop charges against you or not proceed with any at all.

The blame lies on you...but also with the sweepstakes people for not making the check more clear that it was void and the teller who took it and keyed it in. This kind of thing happens more than you think and provided you do not have a history of forging checks I would say your in pretty good shape. But in all it rests with the amount of the check...too large of an amount spent too quickly looks suspicious. They might proceed with charges but if you convince the manager they may as well drop them.

if your history with the bank is good and long...your case should be handled gently....again depends on the law and the manager. Most fraud happens with fraudulent names also...you gave a real name and honest account... these are things you can argue.

Its hard to say being I don't know more details....in all just get a refund on whatever you spent the cash on and give the money back. If the amount is under 500 dollars I would say your pretty much ok given that you repay.

Answer 3

I think you should talk to a lawyer. Just call one up and see if you can have a free consultation. The bank should have known it was a bogus check. Yes, you should have to pay it back, but no I do not believe you should be charged with fraud. I feel as long as you pay the money back they will not try to charge you. If so, I'm sure a lawyer can prove the bank is at fault for taking a bad check in the first place, and making you feel it was real.

Answer 4

How much money?
Your best move is to go down to the bank, act sorry and stupid, tell the story and agree to replace the money asap.
I feel your pain, but ultimately you are responsible. Hope the bank feels your pain too and just wants their $$$$ back.
I would file a complaint with your State Attorney General along with the Postal Inspectors. You are not the first one this has happened to.
EDITED _ now that i think about it, you can actually be pretty indignant with the bank. if THEY cleared the check and posted the funds to your account, then you had every reason to rely upon the validity of your deposit. as such, you should be in the clear of any criminal wrongdoing.
HOWEVER, I am sure that your account agreement with the bank states that errors will be corrected, and you are responsible for returning the $$$$

Good luck, and act fast.

Answer 5

I hope it isn't a common scam.. I believe that you were the victim of deception & lies, so it may be OK for you.. If you have a good lawyer I'm sure s/he'd be able to get you out of it.

It was stupid of you to not look into the cheque and the sweepstakes company before spending the money, especially if you never paid/joined it...

I expect you'll need to pay every penny back, rather fast.

Contact your local police station and tell them about the company, and report it as you are a victim, get a reference number and keep hold of it! You may need to give an interview or talk in person, or maybe they'll do it over the phone.

Answer 6

Unless you knew, or should have known, the check was a fake, then there is no fraud. I think it would be tough for a prosecutor to prove that you knew it was a fictitious check, particularly when the bank's teller even accepted it for deposit.

Also, the fact that you are reimbursing the bank further demonstrates that you had no fraudulent intent. Idiocy...maybe, but being an idiot is not a criminal offense.

Answer 7

Actually yes it does. The evidence points to the fact that you gave this check to bank-even though you suspected it may be fake. Before this no one has any proof you were mailed this chk or if you made it yourself. You also went on to spend said money, rather than allowing time to pass to insure it was legit. I would contact the DA's office and explain situation. I would also try to work with bank to settle for restitution and no criminal charges. They would probably agree; but fail to pay and you WILL go to jail!

Answer 8

i imagine gaol use to be an English spelling. I keep in suggestions interpreting historic previous seeing an English poem declaring they might quite be in gaol than the the poor domicile. i imagine detention center spelling has usurped gaol spelling i imagine the ao being that why round would not help it basically appears like a misspelling of purpose. i'm sticking with the yank spelling detention center I basically experience more beneficial smooth with it.

Answer 9

If you knew the check was fraudulaent, the blame lies on you. Evenif the blame does not lie with you, I think you might have a tough time proving your case.

Answer 10

You cashed a check that wasn't real...YOU broke the law even if on accident, it doesn't matter. the bank wants their money back and they WILL get it back.