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?
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
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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