Legal Question in Criminal Law in New York

Set-Up/Framed--Good Samaritan Gone Wrong

Three years ago a friend of mine opened up a savings account for her boyfriend in her name only. He told her, ''I went to the bank to open a savings account but wasn't able to without ID. I'm selling my car to purchase a new one, and I don't want that amount of money laying around.'' The same day she opened the account, he called her and let her know that her sold his car and deposited some money. A fews days later he told her, he saw a Lexus he wanted to buy and needed her to withdraw the money. She withdrew $9200.00. A couple of days later she gets a call from the bank's security office saying that she withdrew money from a check that was stolen.

Her boyfriend stole someone's check that he knew; had a accomplice deposited into her account. She told me she made a statement stating exactly what happened. The police later called her and said that her boyfriend and his accomplice was arrested. Three days years later she got a call at work from the banks attorney stating that they are going to garnish ''her'' wages for $9200.00 because she signed a confession.

1. She put in writing exactly what happened and signed it.

2. She did not know the check was stolen.

Therefore why is she responsible to repay the money?


Asked on 5/30/01, 7:10 pm

2 Answers from Attorneys
Peter Bark Bark & Karpf

Re: Set-Up/Framed--Good Samaritan Gone Wrong

I would say you are responsible for the loss because you used your name to deceive the bank in opening an account for someone else, with the full expectaion that deposits would be made, however the bank cannot just garnishee your wages, they would have to sue you first. I suggest you try to settle with them.

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Answered on 6/27/01, 8:05 am
Garry Hanlon

Re: Set-Up/Framed--Good Samaritan Gone Wrong

Because the account is in her name and she

is responsible for all transactions on the

account. The bank is not bound by any

side agreements she may have had that this

account was actually for her friend.

She may sue the friend and his accomplice.

This debt also may not be discharged in

bankruptcy. Of course, this does not mean that

she will ever be able to collect. This

requires that the no-good friend and

accomplice have jobs, or bank accounts, or

other assets to seize, something I tend to

doubt. I would also not forget that this

was fraud. I would contact the district

attorney and attempt to have him prosecuted

with court ordered restitution.

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Answered on 6/27/01, 9:18 pm


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