Legal Question in Criminal Law in Washington

Bad Check Problems, Fraud Charges

A Friend recently got drunk on

Halloween and ''lost'' his debit card.

At the same time he was trying to

find a roommate. The potential

roommate said to give his acct

number to him so he could deposit

money into his account to pay the

rent. After realizing his card was

gone a week later he went to the

bank to cancel said card. The bank

was a credit union which only used

atms for deposits and withdrawals.

The bank recommended going to a

partner bank to conduct business.

My friend deposited his pay check

and had cashiers checks created for

the rent, car payment and

withdrew cash. It turns out some

of the money in the account was

deposited by the potential

roommates and were electronically

printed fake checks in my friends

name. They then made POS sales

and withdrew the money put in. My

friends bank is now calling him

everyday asking for 5,000 USD in

payment and threatening legal

action for fraud, forgery and

conspiracy. 1. Are these charges

valid? 2. Is the money the

responsibility of my friend? 3. What

if any jail time would he be looking

at?


Asked on 12/06/08, 4:57 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Bad Check Problems, Fraud Charges

It seems the bank will have trouble proving your friend did anything since everything was really done by someone else. I assume he reported the card stolen right away?

It is vitally important that your friend not make any statements to detectives, bank personnel or even friends about the event. Any statement could be used against him.

The friend should work through a lawyer to provide the bank as much information as possible on this "roommate."

At your service,

Read more
Answered on 12/06/08, 10:40 am


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