Legal Question in Criminal Law in Michigan

Business check on closed account deposited into another businesses account.

Here is the situation: I own 2 c-

corporations. They are seperate

enitities with no connection. I made a

check payable to corp. A from a closed

account from Corp. B. I deposited the

check from Corp. A into the account of

Corp. B. The amount was $849.00 I

received no cash at that time. Later

that day I withdrew the money from

the ATM. The check bounced, as it was

drawn on a closed account. When I

deposited the check the teller told me

to just write the business name and

account number on the endorse line. I

was called the day it bounced and told

the bank I would pay the money back

asap. The next morning I went and

paid half the amount and said I would

pay the other half on the very next

business day, which I did. So I paid

them back in full, including the fee

they charged me. Can I still be

prosecuted?

What would happen if the check was

never signed by the issuer? I wrote

the check out to my other company,

but I do not believe I signed it, if

that's the case does it change

anything? Can the bank deposit a

check when the issuer has forgotten to

sign it? Does it matter that I did not

endorse it when I deposited it, I only

wrote the company name and account

number?


Asked on 5/29/09, 4:26 am

2 Answers from Attorneys

Re: Business check on closed account deposited into another businesses account.

The country prosecuting attorney would ultimately decide whether to prosecute you if a police report is filed. Obviously you should not "kite" another check again. Our firm has had tremendous results with bad check cases all over Michigan. You can read more about this at:

www.AggressiveCriminalDefense.com

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Answered on 5/29/09, 8:30 am
Timothy Klisz Klisz Law Office, PLLC

Re: Business check on closed account deposited into another businesses account.

all of your questions are speculative, because you have not been charged yet. You may not be. Its up to the bank. Paying them back does not negate the crime. If you are contacted by the police, do not say anything and hire your own lawyer. I am in Livonia and have been handling criminal matters for over 12 years. Visit www.kliszlaw.com to discuss in detail. Tim Klisz

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Answered on 5/29/09, 8:16 am


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