Legal Question in Criminal Law in California

Check fraud

Our agency signs many many checks a day for payments to insurance companies. We use three to a page duplicate business checks printed by Costco. We just discoverd that three checks on one page inside our check book belong to someone in Oregon. even though the duplicate copy is correctly ours. and that I had signed and used these three checks. My secretary did not notice this error and I had not noticed the problem when I signed them.

The three checks were cashed. We notified the correct owner of the three checks of the problem. They called the police and contacted their bank as I have advised them that this is what they could do to get the credits back.

The police is investigating this and have called me and asked for some basic info.

Is there anything that I could do to protect myself ?


Asked on 6/13/04, 1:13 pm

2 Answers from Attorneys
robert nudelman criminal defense associates

Re: Check fraud

If this was indeed a mistake, and you have hard evidence to prove it, then you may not be at risk of criminal prosecution. But, if the police are involved, THEY ARE INVESTIGATING THE COMMISSON OF A CRIME. You need representation BEFORE you speak with them. If we can help, please call, at (800) 313-9619

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Answered on 6/14/04, 11:56 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Check fraud

As I understand your statement you signed checks for another account. That you became aware of this and then notified the other account holder of the problem. The the copy of the check in your checkbook was for your account. This raises a number of questions; How did you know about the name of the other account? What account number was on these checks? etc. You should retain a criminal defense attorney immediately and discuss your case with that attorney. This will allow you to fully discuss the facts of your case. Talking to the police is very risky. Often in a case of the type the best evidence they have is the statement of the defendnat.

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Answered on 6/13/04, 4:45 pm


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