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Is it check Fraud????

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lmp518

Junior Member
What is the name of your state?MA...My father passed away On Thankgiving morning,he was in the hospital for 2 months prior to his death.We had a joint checking account..He lived with my Uncle his brother who had access to his checks and atm card..While my father was in the hospital my Uncle wrote several checks to himself totaling over $3000.00 and another for $2400.after his death..My uncle has no Idea I was on the account (My name was not on the checks just on the account)I called him to let him know I had this account with my dad and that there was a balance in the account ...He told me not to touch the account that we should use the money for his headstone which was fine with me but that same day I called him he went and wrote that $2400.check leaving $100.in the account.In the memo part of the checks he wrote "transfer"because my father always had his pension checks put into our account and then took them out and put in the account he had with his brother who helped pay his bills for him.What im wondering is because he always transfered his money in to the other account is it legal that my uncle transfered this money for my dad?My dad DID NOT sigh the checks my uncle forged his name..I did go to the bank and close the account and explained it all to them although she could not give me info about the other account I know she was trying to tell me that the money was never put into the other account..They said I could do to the police and fill out a report and then bring it to them and they will pursue it ....I dont know what to do......Thanks for advice in advance******************************************
 


snostar

Senior Member
Based on your post it appears to be check fraud. You can pursue civil and/or criminal penalties. In a civil siut you can pursue the amount due, costs of suit, and protest fees. Conviction of a criminal charge could impose up to $300 fine or one year in jail, up to $600 fine, up to 2 years in jail or up to 5 years in penitentiary. Also, an order to make restitution.
 
lmp518 said:
I did go to the bank ...They said I could go to the police and fill out a report and then bring it to them and they will pursue it ....I dont know what to do...
If I were you I'd
lmp518 said:
...go to the police and fill out a report and then bring it to them and they will pursue it...
 

outonbail

Senior Member
If I were you I'd tell the bank that it is their responsibility to check the signatures on every check they pay and that the money they paid out for forged checks had better be returned to the account or your going to hold them responsible for any and all charges you accrue if checks you legally wrote and signed are returned unpaid as a result of their actions as well as for any attorney costs you will incur in the process of taking them to court.

Then you can let the bank go after whoever cashed the checks.
 

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