Legal Question in Criminal Law in Maryland

Fraud
After refinancing home and taking out equity of $20,000 and five week vacation, came home and had another check from the settlement officer for another 20,000 made out to my husband and I. I put this in our bank account and am waiting for the firm to find its error. The check sat in the post office for a month until we returned and now it is another three weeks since it was cashed. I can't believe their accountants have not found this but now I don't know what to do. I know the answer morally but what about legally. Did I commit fraud by cashing the check? Do I have responsibility to call them or wait for their call?

Asked on 4/09/03, 10:02 am

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

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Re: Fraud

You should not have taken the check as you knew it was not yours, but you did.

What you do now may make all the difference in the world when the bank discovers its error.

It is your decision. I think you know what you should do.

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Answered on 4/10/03, 5:16 pm

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