A friend of mine used to work for a Secretarial type company that had mail boxes. She said there was a woman that moved away to some foreign country, and she her mail box was suspended due to non payment and the mail was being held. My friend thinking that the woman wouldn't return to collect her mail, took a check that was within the woman's mail, and signed the woman's name on the back of the check, and then my friend deposited the check into her bank account. Approximatly 2 years later my friend got a phone call from the bank telling her that she needs to pay back this check because it was illegally deposited, and the woman who the money rightfully belongs to would like her money back. So my friend made an agreement to pay back the money, which she did. Then, a few months after that, the Justice Department called her and told her that they needed to speak with her about the check. She went in and admited on tape to doing what she had done.
2007-05-14 05:12:52 · 8 answers · asked by Aisha 2 in Politics & Government ➔ Law & Ethics
Now she said that she got another phone call from the Justice Department saying that it is now time to deal with the court system with the charges, but they havn't told her what exactly she is being charged for. What would be the charges?
2007-05-14 05:15:11 · update #1
My friend is also pregnant, and I am too. I know how she feels from a pregnant point of view, and thinking about the fact that she might go to jail. I am really trying to help find out all the information that I can about this type of case. I would hate to see her have to go to jail and have to worry about how she is going to deal with her baby once it is born. She has never been in any kind of trouble with the law before.
2007-05-14 05:18:48 · update #2
Would this be concidered "Forgery and Theft"? because she took the check without permission? and because she signed the name on the back of the check?
2007-05-14 05:20:11 · update #3
She said that they are going to arrest her, but this gentleman who is supposed to arrest her is trying to help her out because she is pregnant and wouldn't like to see her sitting up in jail. He is trying to find out information on bail so that she could have a chance to try to get the money together, and to have her turn herself in.
2007-05-14 07:57:18 · update #4
She could be fined, sent to jail, or given probation (community service and have to meet with an officer on a scheduled basis). She needs to get a lawyer. She commited a SERIOUS crime of forgery. It helps if she paid back the money to the bank but she needs to take this seriously. If she cant afford a lawyer she needs to ask for one if they arrest her or tell her to come to court.
2007-05-14 06:35:42 · answer #1 · answered by Educated 7 · 0⤊ 0⤋
It was a felony. The charges could be theft by deceit, fraudulent cashing of stolen check, forgery, probably other things, as well. They will take their pick and slap charges, probably. The bank and/or the rightful owner of the check may also be involved in prosecuting this offense to which your friend admitted. Her excuse for doing this doesn't matter, she did it. I just don't quite understand the delay of over two years. I don't think that there is a statute of limitation on felony fraud or forgery however. The fact that she paid the money back may help her case, a bright note to it. Good luck.
2007-05-14 05:30:26 · answer #2 · answered by hillbilly 7 · 0⤊ 0⤋
Your friend is screwed, all the charges filed against her will be federal, since stealing mail is a federal offense.
At a minimum your friend will be charged with forgery, check fraud, and tampering with the mail. If she goes to prison, it will be federal time, and they have what's known as truth in sentencing. Hypothetically, if she were sentenced to 5 years, she would do every second of that 5 years, no probation or anything. Hope everything works out for her.
2007-05-14 05:22:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
tell her to get a lawyer now.
the big mistake was made when she paid back the bank without first consulting a lawyer - that amounts to an admission of guilt.
she needs to go through all of her correspondance with the bank and see if there was ever any hint of an agreement by the bank to not prosecute if she paid the money back, though the fact that it was a bank and not a private company might mean that such deals are simply not made...
2007-05-14 05:37:54 · answer #4 · answered by nostradamus02012 7 · 0⤊ 0⤋
No problem with that, as long as you yourself did not try to cash the check. You could also just take it to the teller and explain to the teller that your depositing the check for your sister into your sister's account. The teller will stamp it "absence of endorsement guaranteed." No, it's not forgery. Forgery requires intent to defraud, and you didn't defraud anyone.
2016-05-17 23:01:46 · answer #5 · answered by ? 3 · 0⤊ 0⤋
That is a felony offense punishable by jail time and fines
2007-05-14 05:17:14 · answer #6 · answered by Anne D 2 · 0⤊ 0⤋
I'll go one up one that...it is a federal felony.
Fraud, wire fraud, forgery, mail fraud.= jail
2007-05-14 05:22:38 · answer #7 · answered by sapboy2001 2 · 0⤊ 0⤋
identity theft/impersonation + tampering with mail + theft =time
2007-05-14 05:52:10 · answer #8 · answered by chuke 2 · 0⤊ 0⤋