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Cashed check didn't know was fraudulent

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Cp4L

Junior Member
My sister cashed a check from a friend for work she did for her. The check was from the company the friend worked for so she thought it was good. The company found out and now she 11 felonies on her for cashing the checks. Even if she did not know that they were bad checks will she still be held accountable and what could be the outcome of this.
 


quincy

Senior Member
My sister cashed a check from a friend for work she did for her. The check was from the company the friend worked for so she thought it was good. The company found out and now she 11 felonies on her for cashing the checks. Even if she did not know that they were bad checks will she still be held accountable and what could be the outcome of this.
In what state did all of this occur?

Who has "11 felonies on her" for cashing the checks - your sister or the friend of your sister?

You say "check" and you also say "checks." Why 11 felonies? How many checks were cashed?
 

quincy

Senior Member
My sister has 11 felonies for the 11 checks she cashed and I am in Virginia
Your sister and her friend are also both in Virginia?

Why did your sister's friend give your sister 11 checks on the friend's company account? Were all 11 checks given to your sister and cashed at the same time (perhaps at different banks)?

Whatever the facts behind the checks and their cashing, your sister is in need of a good criminal defense attorney.
 

Cp4L

Junior Member
My sister did work at A (her friend) house. A paid her 11 different times all of which my sister cashed at her bank. This was all at different times over a couple months. The checks were not personal checks tho they were from the company A worked at.
 

Cp4L

Junior Member
Yes the friend was charged for this and other checks she was writing as well. They both turned themselves in today and are currently sitting in jail. My sister was denied bond by magistrate who said she can try again on Monday with judge I believe.
 

Zigner

Senior Member, Non-Attorney
Your sister needs an attorney, not an internet forum. The BEST advice we can give is for you to help her by helping her get one.
 

Eekamouse

Senior Member
Your sister didn't think it odd that A was paying her with checks that didn't belong to her? I don't believe that at all. I think your sister knew this was fraud and did it anyway.
 

CenTex71

Junior Member
Yes the friend was charged for this and other checks she was writing as well. They both turned themselves in today and are currently sitting in jail. My sister was denied bond by magistrate who said she can try again on Monday with judge I believe.
Where did the money go once cashed? Did some of it go back to the "friend"? I suspect so.
 

LdiJ

Senior Member
Where did the money go once cashed? Did some of it go back to the "friend"? I suspect so.
While its possible that OP's sister was in on a scam, its equally possible and maybe even probable that she was naïve and never even thought that it was a possible problem.

Heck I worked for a company for 15 years that let me run my housekeeper's pay through their payroll system. Her gross plus employer taxes was then deducted from my net, after tax, pay.

So I do not think its right to automatically assume that OP's sister did something wrong...she could be as much a victim as the employer.
 

justalayman

Senior Member
My sister did work at A (her friend) house. A paid her 11 different times all of which my sister cashed at her bank. This was all at different times over a couple months. The checks were not personal checks tho they were from the company A worked at.
Why would your sister believe the friends employer would be paying your sister for working at her friends home?
 

justalayman

Senior Member
While its possible that OP's sister was in on a scam, its equally possible and maybe even probable that she was naïve and never even thought that it was a possible problem.

Heck I worked for a company for 15 years that let me run my housekeeper's pay through their payroll system. Her gross plus employer taxes was then deducted from my net, after tax, pay.

So I do not think its right to automatically assume that OP's sister did something wrong...she could be as much a victim as the employer.
So your employer illegally listed an employee on their payroll that was actually your employee? There are just so many things wrong with what happened there.
 

LdiJ

Senior Member
So your employer illegally listed an employee on their payroll that was actually your employee? There are just so many things wrong with what happened there.
There was nothing wrong with it as I paid for everything. It was checked, double checked and triple checked with the corporate attorney and accountant before it was done. It would have been wrong had I not fully paid for everything, including employer taxes. It was a legitimate employee benefit that any other employee could have taken advantage of.

Just because something is outside of the box, does not make it illegal.
 

justalayman

Senior Member
There was nothing wrong with it as I paid for everything. It was checked, double checked and triple checked with the corporate attorney and accountant before it was done. It would have been wrong had I not fully paid for everything, including employer taxes. It was a legitimate employee benefit that any other employee could have taken advantage of.

Just because something is outside of the box, does not make it illegal.
So for the companies workers comp insurance your housekeeper was an employee of your employer? If your housekeeper was injured while working at your house you think that same counsel would be happy about her filing a WC claim with your employer?

What about unemployment insurance? Did your employer pay as they would with one of their own actual employees? Did you reimburse them for that? Did she file unemployment at any time that would have caused their account to be charged and if so, did you pay that back?

I'm curious; what did they have her listed as regarding her position and duties?

Then you mention corporate. If incorporated with shareholders do you think the shareholders would be ok with it? How does anybody know you paid everything back?

So if the company shorted her pay do you think the company would be thrilled if she filed a wage claim with the dol?




Yes, there is a lot wrong with what you did. I'm still not certain there wasn't something illegal involved but it's not the point of the thread I'm not going to get too deeply into it.
 

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