Legal Question in Banking Law in North Carolina

I was in a home based business as accounts payable. The checks they sent me I deposited into my account and the bank held them for about and week and called check verification and they told me the checks were fine. I sent $1800 to the company and i kept $200 per instructions by the company. The following day the bank called me back and said the checks were bad. I already sent the money and couldn't pay it back. They are now charging me with obtaining property under false pretense. Could I be convicted? Can this been expunged from my record and when? Thank You


Asked on 7/02/10, 2:11 am

1 Answer from Attorneys
Rachel Hunter

You were not in a legitimate business and was scammed. There is no such business out there. Use common sense - why would any business need you to process their check? All legitimate businesses already have accounting departments. The checks they gave you were bogus and you sent them real money. Your bank cannot tell if a check is bogus or not depending on the quality of the check. Some checks are really good forgeries.

You are going to have to make arrangements to repay the bank. There was no real criminal intent here - you were just a dupe. Try yo get an agreement with the bank to allow you to repay the funds now so that this does not go to criminal court.

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Answered on 7/02/10, 2:13 pm


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