Legal Question in Criminal Law in Florida
Unsigned checks being cashed
If a previous employee is being charged with thieft on checks that were presented unsigned am I able to hold the bank responsible as well? And can the employee get off the harges since the checks were unsigned even though monies were recieved?
1 Answer from Attorneys
Re: Unsigned checks being cashed
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If the former employee stole checks from your business and cashed them, he or she can be charged with theft whether or not they were signed. The charges are for the theft and conversion of your property, not the signing of the checks.
The bank might have some liability for cashing what you have stated are unsigned checks. You should review this matter with your attorney and have your attorney write a demand letter to the bank demanding reimbursement.
Scott R. Jay, Esq.
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