Legal Question in Criminal Law in New York
Fraud
If someone cashes checks that are not theirs and the person threatened charges but has agreed to be paid restitution (and is asking for ALOT more than original amount) can they still legally press charges for fraud although they already agreed and have cashed the restitution checks? Also, what if the person works in a different state than they reside?
Asked on 8/28/08, 4:04 pm
1 Answer from Attorneys
Joseph Potashnik
Joseph Potashnik and Associates, PLLC
Re: Fraud
Restitution is something that may be considered at plea negotiations or sentencing, but the fact is that a crime has been committed yes, they can report it even if they've extorted money from you. Once the victim files report, it's not up to them to withdraw it. I suggest you seek legal advice now.
Answered on 8/28/08, 4:56 pm
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