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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16456
Experience:  7+ years defending Misdemeanor and Felony cases.
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even if i was a victim once i deposited the checks the bank ...

Customer Question

even if i was a victim once i deposited the checks the bank said it would take a few days to clear once the bank cleared the checks I started paying my bills with it, now the bank is telling me that I am in trouble for spending the money and they give me 30 days to pay it back if I dont then I am in trouble for fraudulent checks so now what do I do
Submitted: 6 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 6 years ago.
HiCustomer Thank you for asking your question on Just Answer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Could you explain your situation a little more? Is the bank assusing you of check fraud? Did you have a history with this bank?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 6 years ago.
I had deposited two checks into my checking account, then about 3 days later the bank released the funds, so I had used the funds to pay some of my bills, then about 5 days later the bank held the funds once again, then released the funds again then told me that both the checks I had deposited one was a counterfiet check and the other one was a fraud, the checks were written out to me by World Com ( which is a secret shopper or so i thought it was agency) and the other one was from Aspen Inc, something about a Lottery winnings, so now the checks came back as a fraud and a counterfiet check the bank said they are going to turn it over to the federal govt and have me arrested for writing fraudulent checks, so now I dont know what to do I had no clue they were bad checks I had no clue at all If i did then i would of thrown them away so I have no clue what I am going to do or what legal leg i have to stand on
Expert:  CrimDefense replied 6 years ago.
The first thing they are going to have to prove is that you had the intent to defraud the bank, by depositing fraudulent checks. Considering you have a checking account with this bank and some sort of history with them, it is going to be very hard to prove that you intentionally deposited the bank, to defraud them out of their money. Most people would have gone to a check cashing store or some other place of that nature. Moreover, you stated that the checks cleared, so you could not have had any knowledge that what you were doing was wrong. If the checks were not good, the bank should have not released the funds for you to use and alerted you of a bounced check. You first can report the companies that issued you the checks to the police and Better Business Bureau, so that there is documentation that you are trying to resolve the situation. Also, talk with your bank and see what damages they suffered from this. I am assuming they took away any credit issued to your account, so if you owe them money, which you spent under the impression that you were able to, offer to pay them restitution.

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