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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12744
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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My boss made me call capital one, pretending to be him, he

Resolved Question:

My boss made me call capital one, pretending to be him, he was next to me but we never let the customer service representative know. I gave all the information as required by their fraud department representative and all the answers were right. They are reviewing the recording call and since they had his voice in previous calls it's not matching. what's my risk here to be talking on behalf him without letting them know?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 9 months ago.

Alex J. Esq. :

Hello. My name is XXXXX XXXXX X will be glad to help you.

Alex J. Esq. :

Are you online with me?

Customer:

yes

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

I am sorry to hear about this unfortunate situation.

Alex J. Esq. :

Can you please tell me why you were asked to impersonate your boss?

Customer:

because he doesn't speak english too well

Customer:

and I just don't know the law or if this is illegal

Alex J. Esq. :

Why didn't he simply authorize you to speak on his behalf?

Customer:

we just didn't think of it, this just happened a few hours ago

Alex J. Esq. :

Yes it is illegal and could subject you to criminal prosecution

Alex J. Esq. :

What language does your boss speak?

Customer:

spanish

Alex J. Esq. :

Capital One offers many Spanish speaking representatives.

Alex J. Esq. :

Is there any reason your boss didn't choose the option to speak to a Spanish speaking rep?

Alex J. Esq. :

Can you please tell me the nature of the conversation you had with Capital One?

Customer:

he was trying to activate a card

Customer:

the card hasn't been used

Customer:

we did this without knowing anything of what you are telling us, he just told me, pretend to be me you have the information and whatever you don't know I'm here

Customer:

I don't have any advantage on this

Alex J. Esq. :

I understand.

Alex J. Esq. :

How did the fraud department know that it was not your boss's voice?

Alex J. Esq. :

Did you boss applied over the phone?

Customer:

I just want to see if this has correction by calling capital one again and let them know we are sorry, confirming that we both were involved,

Customer:

he applied online

Alex J. Esq. :

that would never be a good idea confessing to a potential crime.

Customer:

they said they are checking the recorded conversation, my boss didn't tell me he spoke to them before this call

Alex J. Esq. :

If your boss applied online, how did capital one figured out that it was not your boss calling?

Alex J. Esq. :

Did he speak to them before this call?

Customer:

because they talked to him before

Customer:

yes

Alex J. Esq. :

Was there any issues with this capital one credit card account?

Alex J. Esq. :

It is strange that the account was flagged by the fraud department...

Customer:

We thought just to forget about that card and my boss said he won't talk to capital one anymore, neither will I

Customer:

will this help?

Customer:

I just don't want them to start looking for proofs and then prosecute something

Customer:

I made the calls from my personal phone because there's nothing to hide, I even have a capital one card and they may have a recorded conversation of me from the past and they could start comparations

Alex J. Esq. :

Well, simply abandoning this issue will not make it go away.

Alex J. Esq. :

I understand.

Alex J. Esq. :

Were you threatened by their fraud department?

Customer:

no

Customer:

they just said they are reviewing the case

Customer:

in order to aprove the card

Alex J. Esq. :

Well, basically, if your boss calls Capital One and tells them that he asked someone else to impersonate himself, he would be confessing to a crime, which would implicate you as an accomplice, especially if you in fact claimed to be him.

Alex J. Esq. :

Does this make sense?

Customer:

yes but we haven't done any of that.

Customer:

will they have enough proof by comparing the voices?

Alex J. Esq. :

Yes

Alex J. Esq. :

It would be very easy for the bank to do a voice analysis, which is 99.9% accurate and is admissible in court.

Customer:

because beside that, they can't have anything else, unless we keep the process of giving them the proof they asked for, since they asked for more id's, ultility bill, etc.

Alex J. Esq. :

Basically, in such situation, the best thing to do is to not discuss this issue with anyone and if approached by police, FBI or secret service, not to say anything and demand to speak to your local criminal defense attorney.

Customer:

let's say they file the report, I get an attorney, chances of going to jail?

Alex J. Esq. :

Do you have any prior criminal history or does you boss have any prior criminal history?

Customer:

never

Customer:

nothing

Customer:

the thing is if banks like this one prosecute this cases just with this information they have got

Customer:

even when the card was not used at all and not intended to be used but for the owner.

Alex J. Esq. :

Well, it is very questionable whether Capital One will ever pursue a criminal report and if they do, an experienced local criminal defense attorney should be able to prove that this was a simple misunderstanding and neither you or your boss had any intent to commit any fraud or to benefit from any fraud.

Alex J. Esq. :

It is not very likely the bank will prosecute this incident, but it is possible.

Customer:

that sounds like a relief

Customer:

thanks

Customer:

anything else you would suggest

Customer:

?

Alex J. Esq. :

Well, I would suggest to have a local criminal defense attorney in mind, in case if anything ever comes out of this incident

Customer:

ok thanks

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12744
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 6 other Criminal Law Specialists are ready to help you

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