Legal Question in Criminal Law in California

Fraud....

Hi,

I have a friend that used a checking account number that wasn't hers to pay some of her bills online. The electronic payment was posted to her accounts, however within 2 wks were charged back to those accounts as ''unauthorized user''.

She is fine with that since she felt guilty for what she did, relieved actually. However before the payments were charged back she did use one of those credit cards, taking a cash advance. This credit card company now has sent her a a letter in regard to the last payment received on her account and wanted/needed information about the account number/bank number that was used for this payment. It came from the Fraud department. She sent them a letter back, advising that it was entered in error and asked them to charge back that payment to her account. She intends to pay on this CC acocunt. She has not received a reply back yet from this CC company.

The other accounts that she paid on with that checking account number have all been charged back to her accounts.Could the bank that sent back the electronic debits still press charges aganist her?Could the CC company press charges aganist her? If so, what is the punishment in CA for this type of crime?

Thank you.


Asked on 6/11/04, 11:46 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Fraud....

She has committed a theft and/or credit card theft. Even though the charges have been reversed she can still be prosecuted for these charges. Depending upon the amount involved, her past and other factors she face up to 3 to 5 years in prison.

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Answered on 6/12/04, 10:32 pm


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