Legal Question in Criminal Law in California
fraud?
is it illegal to cash a check that was sent to you by an employer but the money sent wasn't owed to you? basically the check was a mistake
Asked on 8/29/08, 2:02 pm
2 Answers from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: fraud?
Cashing the check would not be fraud (unless you knowingly induced the mistake that led the employer to send it to you), but it would still be a misappropriation of funds. Since you know the check was sent in error, you should return it to the employer.
Answered on 8/29/08, 2:30 pm
Daniel J. Mangan III
JuryTrialJustice
Re: fraud?
"technically" receiving the check is not a fraud...cashing it knowing you are not entitled to the money looks like a theft...return the check
Answered on 8/29/08, 3:43 pm
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