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Check Fraud, any Options?

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mdb

Junior Member
This is occurring in Kentucky.

My worthless brother had written 11 checks to a local grocery store on his wifes bank account. He signed her name but used his drivers license number on the checks. He does not nor has he ever had her permission to write checks in her behalf. Needless to say everyone of those checks and 2-3 that she wrote herself (knowing there was money in the bank) all bounced.

BTW, the checks he wrote were not in order. He took a couple out of several books so it wasn't noticable.

The grocery store said 2 weeks ago they would prosecute because they were out about a $1,000 + fees. But my brother contends he had permission to write the checks for cash (did I tell you he was worthless?).

What is the precedent here? She didn't write them, he does not deny he did (there's video from the store). She didn't give permission, he says she did.

Another BTW, he took 3 more checks and cashed them for cash at a local bar. (14 total now).

My sister-inlaw told the grocery that "a family member" wrote the checks.

Questions:
1. Is the name on the checks responsible or can the writer of the checks be made responsible?

2. Since there are more than 14 checks that are bad (14 his, 2-3 hers). Will it most likely be considered a felony charge?
a. Who would be charged? Could blame be deferred to brother?
b. Would they be withheld at that time?
c. Worthless brother has a prevous record. (driving and drug related).

3. They have no money for a lawyer if it comes to that. What could be her defense?

Anything else that could be thrown here for my information would be greatly apprecitated.

Mike
 


Just Blue

Senior Member
Tell your SIL to go to the police and file a complaint against your brother. His excuse that he has her permission to "forge" her name is irrelevent...Forgery is a crime...you can't give someone permission to commit a crime. Also...had your SIL actually WANTED for him to have this money...she would have written the checks payable to him...right?
Why on earth any of these places cashed these checks is beyond me...If he isn't listed as a signatory on the account and he obviously isn't a woman, why the heck did they cash the checks??
Also tell SIL her next stop after the police station is the county court house to file for divorce!
 

Happy Trails

Senior Member
This is occurring in Kentucky.

My worthless brother had written 11 checks to a local grocery store on his wifes bank account. He signed her name but used his drivers license number on the checks. He does not nor has he ever had her permission to write checks in her behalf. Needless to say everyone of those checks and 2-3 that she wrote herself (knowing there was money in the bank) all bounced.

BTW, the checks he wrote were not in order. He took a couple out of several books so it wasn't noticable.

The grocery store said 2 weeks ago they would prosecute because they were out about a $1,000 + fees. But my brother contends he had permission to write the checks for cash (did I tell you he was worthless?).

What is the precedent here? She didn't write them, he does not deny he did (there's video from the store). She didn't give permission, he says she did.

Another BTW, he took 3 more checks and cashed them for cash at a local bar. (14 total now).

My sister-inlaw told the grocery that "a family member" wrote the checks.

Questions:
1. Is the name on the checks responsible or can the writer of the checks be made responsible?

2. Since there are more than 14 checks that are bad (14 his, 2-3 hers). Will it most likely be considered a felony charge?
a. Who would be charged? Could blame be deferred to brother?
b. Would they be withheld at that time?
c. Worthless brother has a prevous record. (driving and drug related).

3. They have no money for a lawyer if it comes to that. What could be her defense?

Anything else that could be thrown here for my information would be greatly apprecitated.

Mike

What was the amount of the checks that she wrote?

If it was over $300, it is a Class D felony.

They had better find a way to come up with some money to pay for those checks.

http://www.lrc.state.ky.us/KRS/514-00/040.PDF

Copy and paste without the "Urls".
 

mdb

Junior Member
SIL's purchases were for around $100 total. They were for items at Wal-mart, not cash like worthless brother.

Those 3 additional checks he wrote to a bar were this week, over 2 weeks after the first rash of check writing.

I think he's hoping to pawn it off on her and let her cry her way out of it in court and he not have to dance to any of it. (worthless POS!)

Mike
 

Just Blue

Senior Member
SIL's purchases were for around $100 total. They were for items at Wal-mart, not cash like worthless brother.

Those 3 additional checks he wrote to a bar were this week, over 2 weeks after the first rash of check writing.

I think he's hoping to pawn it off on her and let her cry her way out of it in court and he not have to dance to any of it. (worthless POS!)

Mike
The longer she sis back and does nothing the more she will appear to be in "cahoots" with him. Tell her to go and file a complaint against him...
 

pcgumshoe

Member
1. Is the name on the checks responsible or can the writer of the checks be made responsible?
The named person (or persons) on the checks is/are responsible. Pretend, however, that your sister was a business, the person writing the check could be responsible (hence the DL # on the checks which will be reported to one of the check authorization companies - the exception being that your sister may have used her checks at those stores before and they didn't ask for I.D.).

The person listed on the check is responsible until they declare they aren't.
She needs to do several things:
1) As stated before, file charges for forgery
2) File forgery charges with her bank
3) Close her account
4) File for identity theft with bank and police (Get a police report)
5) As stated before, file for divorce
6) If she still lives with brother, move out or kick him out

2. Since there are more than 14 checks that are bad (14 his, 2-3 hers). Will it most likely be considered a felony charge?
Addressed earlier by other poster, YES, but if she files forgery charges with her bank, she'll get her money back and the checks that she wrote out that bounced should be paid or at least a letter from the bank could be arranged and payment made (she'll still probably have to come up with the NSF fee for the business unless they accept the police report to wave them).

a. Who would be charged? Could blame be deferred to brother?
b. Would they be withheld at that time?
c. Worthless brother has a prevous record. (driving and drug related).
a - depends on SIL actions
b - don't understand the question
c - doesn't matter until sentencing

3. They have no money for a lawyer if it comes to that.
If "they" are still and item, then if "they" have no money, they will get a court appointed one, ask your brother, I'm sure he knows a good public defender!

What could be her defense?
She doesn't have one yet... According to everything you've posted so far, she's in cahoots with him UNTIL she does the things listed above... if she's still living with him, I'd suggest that she MOVE... maybe she could move in with you? You seem to like her more than your blood brother... For some reasons, I'm sensing something here between the two of you, but maybe I'm wrong.

If she does nothing, she has no real defense
If she does what is posted here, she's got a LOT better chance and the defense would be "identity theft" and "forgery."
 

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