Someone I know wrote 2 checks totalling about $400 in an account that was closed. The signature of the original check account holder was forged. Who gets in trouble? The person who unknowingly had the checks forged and cashed or the person who made it out and cashed them? Is it too late to reopen the account and cover the checks if its been five days? How serious of a crime is this if it's a first offense?
2007-08-08 13:43:59 · 9 answers · asked by james g 1 in Politics & Government ➔ Law & Ethics
The crime is called forging and uttering, and could result in a five or more year prison term.
2007-08-08 13:48:54 · answer #1 · answered by Beau R 7 · 0⤊ 0⤋
The one that forged the check it is called forgging uttering it is a felony charge. If the person who had the account is charged then most of the time it is a misdemeanor charge called worthless check on closed account but if the Court's prove that the check holder wrote the check to someone else to cash to get money the it is a felony and this is called attaining property by false pretense
2007-08-08 21:05:03 · answer #2 · answered by peanut 1 · 0⤊ 0⤋
The account holder is not the one responsible, unless they were involved in the situation.
Anyone else can be tried for a crime or conspiracy to commit a crime.
However, if the account holder wrote the checks and signed them, and didn't realize that the bank had closed the account (usually due to insufficient funds) then it would only be a 'bad check' -- otherwise it could be forgery or something like that which is much worse.
Best bet -- contact an attorney immediately. Whoever was involved in this is in some pretty serious trouble, no matter if it is a first offense or not.
2007-08-08 20:50:19 · answer #3 · answered by mj69catz 6 · 1⤊ 0⤋
The final result is very fact-dependent. For exaple, did the person who took the check see the forger signing the check? If not, all they can get this "someone" on is criminal possession of a forged instrument, but if the someone was seen signing the check, the DA can make out a case of forgery, which is a mid-grade felony: in NY it's a D Felony, 2.33 to 7 years. Account closed is a big strike against someone, and while it is too late to re-open the account, it would weigh heavily if restitution is promptly made.
2007-08-08 20:53:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Can you say prison time? That is forgery times 2 and worthless check times 2. Whoever was involved can be charged...you can be charged, just by knowing and not reporting it. Even if you put money in the account and for some miracle they come up not worthless, there is no changing the forgery!! You better hire a lawyer and quick!!
P.S. If the original accout holder is unaware of the checks being used and forged and the checks were simply taken from the account holder...then they are not liable.
2007-08-08 20:52:31 · answer #5 · answered by Mrs. CT 4 · 0⤊ 0⤋
More than 200 is a felony. The person who knowingly forged the checks is the one who is to get in trouble.
2007-08-08 21:09:09 · answer #6 · answered by .. 5 · 0⤊ 0⤋
It is against the law to write a bad check.Here in TX It is call stolen money which you don't have.Look up your class A, B. C. Misdemeanor.Class C is a misdemeanor is punish by fine only,class B if it is not a felony.If you get caught you will go to jail because that is theft. read your Traffic law Manual this is Tx Law.It is jail time or going to Court and pay court fee.It is still stolen money that you don't have in an account.
2007-08-08 21:09:45 · answer #7 · answered by Anonymous · 0⤊ 0⤋
The forger should go immediately to the party who got stiffed, and give them the amount in full, in cash.
Borrow the money.
Do this right now. .
That's the only way out. Otherwise the forger's going to jail.
2007-08-08 20:53:31 · answer #8 · answered by Austin W 3 · 0⤊ 0⤋
I knew a guy that was in prison for awhile for forging checks...
2007-08-08 20:51:36 · answer #9 · answered by bucklehoneysuckle 2 · 1⤊ 0⤋