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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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A friend who thinks he is above the law because he has no money

Customer Question

A friend who thinks he is above the law because he has no money and lives on public asssistance recently cashed a $5,000 beneficiary check from an Insurance company when he KNEW THEY HAD ISSUED A STOP PAYMENT but cashed it anyway saying if I cash the check and spend the money I have nothing they can take i have no money , no car, no wages to carhish. He cashed it at one of those Check Cashing places. He did some funny paper work claiming that he was the only beneficiary and they sent him the $5,000 check. Well it turns out it was stated in the will that his cousin was to get half of that $5,000. SO the insurance company called him and placed a stop payment on the check had him submit some new documents regarding being the beneficiary of $2,500 and reissued a SECOND CHECK for $2,500. He cashed that check also.

He has received two letters from The Insurance company demanding he return the $5,000 he illegally cashed but he just threw the letters away and said to me :What;s done is done" they can't do anything to me. Well this jerk also owes me about $800.00 and a laptop computer so nothing would make me happier then to see him spend some time in jail for committing insurance fraud. I sent the insurance company a letter with copies of emails showing that I told him not to cash the check that there was a stop payment issued to show them that he knew when he was cashing the check that it was not valid. Is he just going to get away with this like everything else he does or could he be sent to jail if he can not pay back the money?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Joseph replied 1 year ago.

Whether or not he will ultimately "get away with this" depends hugely on the insurance company. As you alluded to, there is no doubt that he could be charged with fraud for having cashed the checks and refusing to return the proceeds. My speculation is that the insurance company will put a bit more effort into getting him to return the proceeds.

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If they contain to receive no response, they would likely then take legal action against him. While this may not be a huge sum of money, it is certainly worth pursuing. And yes, if they do pursue the matter, it certainly could lead to your friend being jailed.

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Customer: replied 1 year ago.
So if they pursue it and they win but he has no money to oay them back what does the court do? Can they garnish a portion of his welfare check?
Expert:  Joseph replied 1 year ago.

In my opinion, the easiest way for them to handle it would be to have him criminally prosecuted. He would then be placed on probation and, as a condition of probation, he would be ordered to pay restitution. Then, if he fails to pay, his probation would be revoked and he would go to jail. In other words, it could well come down to either making payment or going to jail

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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 11 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
well here it is four months later and I sent a letter to the CEO ( Mutual of Omaha) stating as a shareholder I was disappointed that they are not tough on fraud and while $5g might not seem like a lot of money to the company , to some shareholders that is a lot of money. I also said how unbelievably careless it was for them to send a second check out to the same person before receiving the stop payment check back from that person.. He forwarded my letter to a special investigator, I then sent the information I had (text messages) which proved that this person knew that there was a stop payment , but went ahead and cashed it at a check cashing place... the investigator thanked me and said the usual "we can not comment on investigations blah blah" but I know for a fact that nothing has been done.
Expert:  Joseph replied 1 year ago.
I'm sorry to hear that the situation does not seem to have improved. Was that just for my information or did you have a new question? Thank you.

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