Who is criminally responsible re: theft by check

[lala10]

What is the name of your state (only U.S. law)? Massachusetts

I was scammed off Craigslist. Essentially, a guy told me he had an apartment, I paid him the first month of rent, and when I went to move in, there was no such apartment.

When I did some research on the check I wrote for him, I found out it had been cashed in his friend's mother's account.

1) Is he still responsible if he did not personally cash the check?


Follow-up question.

The DA picked up the case, but I already got my money back because the check was altered, so the bank was able to take the funds out and give them back to me. My friend said that since I got my money back, there is less of a case here. Is that true?

I'm just more curious than anything. I realize I could talk to the DA about this, but they almost never return calls.

 

[FlyingRon]

See if they have a victim's advocate in the prosecutors office.
They're often more inclined to keep you informed of the case progress than the DA himself.

 

[lala10]

I have one, but she says she has to go along with what the DA says/does, and it's not a high priority case. I'm curious about these questions from a legal perspective.

 

[Mass_Shyster]

1) Is he still responsible if he did not personally cash the check?

Yup.

Friend's mom may be an accomplice, but the person who defrauded you is responsible for his crime..

 

[antrc170]

Although recieving the money back doesn't bar prosecution it does tend to lower the priority. It is not that the DA doesn't like you or care about prosecution, but they must prioritize cases usually on the victimization of the crime. For example, a murder case would carry more weight than a case of check fraud where no one was injured (because you recieved the money back). About the only thing you can do is keep bugging the DA's office about the case.

 

[lala10]

It is already in the courts, the person has been arraigned, but everytime we go they ask for another date. They seem to also feel that the case is weak given that the person they are charging didn't physically cash the check themselves---could that be a roadblock?

 

[Zigner]

It is already in the courts, the person has been arraigned, but everytime we go they ask for another date. They seem to also feel that the case is weak given that the person they are charging didn't physically cash the check themselves---could that be a roadblock?

I would tend to disagree. I "cash checks" for my kids frequently. They sign the back and then I deposit it in my account. It's the same (ok, "similar") to somebody going to a check cashing store and cashing the check there.

 

[justalayman]

It is already in the courts, the person has been arraigned, but everytime we go they ask for another date. They seem to also feel that the case is weak given that the person they are charging didn't physically cash the check themselves---could that be a roadblock?

there are two crimes here:

1. the fraud against you
2. the alteration of the check

which has the guy been arraigned for?

 

[lala10]

Felony theft > 250.00

Yes, but I have no proof that it was this guy, it could have easily been the friends mom, how would I ever prove it was this guy

 

[Mass_Shyster]

Felony theft > 250.00

Yes, but I have no proof that it was this guy, it could have easily been the friends mom, how would I ever prove it was this guy

It's not your problem to prove it. It's the DA's problem. I'll bet the DA can get mom's friend to testify where she got the check in exchange for not being prosecuted as an accomplice.

Since the money was removed from mom's account, she is currently out that amount, unless the criminal reimbursed her.

 

[lala10]

Yes, the person reimbursed her already. And she lives in another country

 

[lala10]

Should I just give up since I am not out money? I mean, how likely is this to really go forward

 

[justalayman]

Should I just give up since I am not out money? I mean, how likely is this to really go forward

just assist the police/DA in their prosecution. There really isn't anything for you to do other than be a witness if the DA asks.