Legal Question in Administrative Law in New York

fraud

my recieved a check from fha, one with my name and two others with other names(co-signors on my mortgage)i gave them to my ex-fiancee. i must mention we my ex-finacee and i had a joint checking account with my name and his. the other two checks were for his parents. i gave them unopened to him. he returned them to me signed, and told me they did not want the money. so i deposited them into our account. several months later he is saying that they did not sign the checks i did. this is not the truth, i gave him the checks still in the envelopes unopened. i have broken up with him in the last several months. he had access to the account the whole time. he is now saying that they are going to press charges against me. how do i prove my innocence. nothing has happened yet, but he is haressing me, i believe in order so that i go back out with him. i do not know if his parents signed these checks or what, at this point. we are not on speaking terms because of their son. what do i do! he has set me up, what can i do to protect myself?


Asked on 4/05/03, 9:37 am

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: fraud

In a criminal prosecution, the State must prove you guilty beyond a reasonable doubt. Perhaps your ex-fiance signed his parents' names?

It sounds as if you have a valid defense.

In a civil lawsuit, his parents would have to sue you. Although the standard of proof is lower, i.e: a preponderance of the evidence, they still need to prove that you signed their names to the checks.

Read more
Answered on 4/07/03, 7:48 am


Related Questions & Answers

More Administrative Law questions and answers in New York