How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27687
Experience:  25 years experience practicing attorney
3396227
Type Your Criminal Law Question Here...
Dave Kennett is online now
A new question is answered every 9 seconds

RA - ml

Customer Question

Was this an unlawful act?
A friend, who operates a direct sales business, used my name and address without my permission in order to complete a business transaction: she states she placed an order in my name with her company, paid for it through her bank account, then returned items back to the company (she may or may not be required to actually send the items back). This resulted in me receiving a check for over 500.00 from their corporate offices. This check has my name and address on it. When I asked her why I might have a check from her corporate offices when I haven't done any business with the company, she told me she used my name (since we were friends), then asked me to endorse the check over to her. I advised her I would do nothing of the sort. My question to you is: While I know this is completely unethical, does what she did violate any law(s), or constitute identity theft? I've made a copy of the check and envelope for my records, and I am voiding the check and returning it to the company. Needless to sat, this person is no longer a friend.
Thank you for your time.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - You did exactly what you should have done. You had no right to the money and whether she had a right to the money is between her and the company. Had you done what she asked and there was some problem with the arrangement you could have been drawn into the situation and possibly charged with a crime. So whether she is a friend or not you did what you needed to do to protect yourself. Whether what she did was illegal I can't say since I have no way of knowing what her work rules are and what she told her company. The key is that you did nothing illegal and you kept it that way.
Customer: replied 2 years ago.
Thank you for your reply. From the moment I received the check, I understood the ramifications, and that I could not be a part of this transaction. And I understand that ultimately I must protect myself, and that business-wise, what she is doing is between her and her company. My great concern lies with the fact that she used my "identity" without my knowledge in order to attempt to complete a transaction of questionable nature. My questions were about whether she committed identity theft, or violated state or federal law (consumer, or commerce?). Based on your reply it does not seem that you are able to answer my original questions. Thank you
Expert:  Dave Kennett replied 2 years ago.
Well it may have been identity theft band you can report this to the police but you suffered no loss from your checking or savings account as a result so there were no damages. What she did was illegal but the victim appears to be her own company since they are the ones who wrote the check. Of you want to escalate this and call the police because of what she did you certainly have that right.
Expert:  Dave Kennett replied 2 years ago.
Well it may have been identity theft band you can report this to the police but you suffered no loss from your checking or savings account as a result so there were no damages. What she did was illegal but the victim appears to be her own company since they are the ones who wrote the check. Of you want to escalate this and call the police because of what she did you certainly have that right.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.