Victim

[mlmbbd]

What is the name of your state? CA

My husband deposited two checks that turn out to be stolen by a so called friend. The friend stole the checks but toold my husband that he worked for the money and could he cash them. My husband deposieed them and now we find out the checks were stolen. The funds have been taken back out of our checking account. The issue is the checks were made out to cash and show my husbands name on the back but do not have the true criminals name on them. we went and talked to the gentleman that the checks were stolen from and he knows that the other person stole them. Is there any way my husband could be in trouble or are we just out the $360.00?

 

[mike_lee]

Theoretically sure, receiving stolen property, check fraud, money laundering etc but if you're story is true what would the state gain by prosecuting you? The fact that you're friends with the accused could be problematic, things take on new meaning. In this situation you need to document everything. You're explanation (the explanation you would give a detective) should be contained in the letters you send asking for documentation or stating to the bank your assurances. Phone calls are convenient but useless for defense. Your friend DID write the actual checks correct? He wrote in the amount so it's not written on you/husbands hand because that could be trouble.

Dear Bank President
Recently Bob Jones deposited . . . etc etc, I want to assure you I acted in good faith etc etc etc.

You can't always get people to write you back so sending the letter s a good safe measure. (Don't send stuff registered mail, our business just refuses it and I think a lot of places do that)

I am not a lawyer, Ive just learned the value of documentation when dealing with banks or bad checks.

 

[mlmbbd]

We are going to the police this morning to state our case. I have lost much sleep over this and do not think it os fair. The only part that has my husbands writing on it is the endorsee and pay to the order of. Which banks should we write to? The first victim or ours (the second victim)?

 

[mike_lee]

That's almost never a good idea. It seems like the right thing to do because you have this perception of the police that isn't accurate. The police have no interest in clearing your name, their interest is in making an arrest. When you go to the police anything say can and will be used against you. i.e. come back to haunt you. You need to go to the people who were hurt and make sure they are ok If you must call someone call the attorney general's office or the bad check department but don't go to the police. They will have to start a case and you just don't want that

That's my thought

 

[BoredAtty]

I disagree with writing anything to the bank. All parties have been given back their money, except the OP.

The OP can go to the police and file a complaint against the thief. The OP can also file a suit against the thief for the $360 (or use the threat of the police to force payment).

The OP is not criminally liable for anything if he/she was clueless about the scam.

 

[CdwJava]

But, depending on the details, the OP COULD potentially be seen as a suspect in the matter. The situation seems fuzzy enough that the OP could face charges - or, at least, scrutiny - by the police.


- Carl

 

[BoredAtty]

But, depending on the details, the OP COULD potentially be seen as a suspect in the matter. The situation seems fuzzy enough that the OP could face charges - or, at least, scrutiny - by the police.


- Carl

That's true. My post was meant to convey that, assuming the OP's story is true, he did not actually commit a crime by cashing the checks.

Obviously there is a chance that the police will not believe the OP's story, however. After all, occasionally innocent people are charged with crimes (look at OJ).

Here's a question for you: Would you advise a crime victim not to go to the police for fear that he will be viewed as the criminal himself?

PS: Kidding about OJ.

 

[CdwJava]

Here's a question for you: Would you advise a crime victim not to go to the police for fear that he will be viewed as the criminal himself?

If they committed the crime or had a hand in it? Sure - don't go to the police. (Though, as a cop I'd be all for them going!)

If they are truly innocent, I'd be for them talking to the police. Many times a little explanation can MAKE the difference between being a witness or being a suspect.

PS: Kidding about OJ.

I figured as much.

- Carl

 

[mike_lee]

That needs to be my Signature line

What Would O. J. Do? If he gets out this newest trial he'll be my hero. Like the man or not this is double jeopardy.

 

[CdwJava]

If he gets out this newest trial he'll be my hero. Like the man or not this is double jeopardy.

How is it double jeopardy? Was he tried and acquitted for this alleged robbery already?


- Carl

 

[mike_lee]

No, he's being retried for Nicole Brown, and don't tell me you didn't know that you're as sharp as they come. You get that cop amnesia I guess. :-/

 

[CdwJava]

No, he's being retried for Nicole Brown, and don't tell me you didn't know that you're as sharp as they come. You get that cop amnesia I guess. :-/

Silly me ... I assumed that he was alleged to have committed a crime in Las Vegas.

They DO still prosecute alleged criminals, there, don't they?

Mike, you must be inhaling something today ... las Vegas is not Los Angeles, and not even in the same state ... there is a mountain of evidence indicating an attempted robbery or something took place in L.V. and that O.J. was involved. This has NOTHING to do with his original murders ... er, the ones he was accused of . Las Vegas DOES prosecute crimes.

This has NOTHING to do with the Nicole Brown.

- Carl

 

[BoredAtty]

No, he's being retried for Nicole Brown, and don't tell me you didn't know that you're as sharp as they come. You get that cop amnesia I guess. :-/

I'll bite.

What the heck are you talking about?

 

[fairisfair]

No, he's being retried for Nicole Brown, and don't tell me you didn't know that you're as sharp as they come. You get that cop amnesia I guess. :-/

and you apparently are either brainless, or a groupie.

sorry, BA, CDW, I am not as nice as the worst part of either one of you.

 

[VeronicaLodge]

How is it double jeopardy? Was he tried and acquitted for this alleged robbery already?


- Carl

apparently once you are tried and acquitted for one crime, any crime, you are free to go on crime sprees and do whatever you want and you can get away with it