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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16580
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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In the past I have kitted some checks but the bank got the

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In the past I have kitted some checks but the bank got the money. They placed hold on my checks. I stopped kitting and withdrawing the money but I did deposit checks into one account before it actually had money in it but replenished the account with actual money the next day. They are closing my account. They have all money. Is it likely I will be prosecuted. They are leaving it open until dec 23. He said on the phone they really couldn't tell me why just they had the right. I asked if it would be reported like to check system they said no bc it wasn't overdrawn. He said it was just a decision the bank made. Is it likely I will be prosecuted? How soon would I find out. Since they are leaving it open until dec isn't that a good sign

Alex J. Esq. :

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

Alex J. Esq. :

Are you online with me?

Customer: Ys
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 if you repaid all the money owed to the bank?

Customer: It's my own fault what are your thoughtd
Customer: Yes
Customer: It was never posted as overdrawn if that makes sense. I have until 6:00 each day to replenish the money before it shows as overdrawn
Alex J. Esq. :

What was the amount of checks that you have issued while money were not in your account?

Customer: A while back a lot but within the last month 3 times for $200
Alex J. Esq. :

So the bank did not loss any money?

Customer: no
Customer: None
Alex J. Esq. :

Why did you do this?

Customer: I was short on funds
Customer: I didn't realize it was illegal if I put the money in before it was shown as overdrawn
Alex J. Esq. :

I understand.

Customer: I see that it is. It's obviously bad they are closing my account. Is it likely they will prosecute or report it
Customer: In a panick
Alex J. Esq. :

Given the fact that the bank never lost any money as a result of this transactions and also the bank did not even close your account, it is not likely that the bank will pursue criminal prosecution, however they might consider criminal prosecution if you continue this type of practice.

Alex J. Esq. :

Does this make sense?

Customer: They are closing my account
Customer: They are closing my account dec 23
Alex J. Esq. :

I understand.

Customer: So will they likely prosecute
Alex J. Esq. :

In any event, it would be a good idea not to discuss this situation with anyone, and if you are approached by any law enforcement or an investigation not to make any statements without a local criminal defense attorney present.

Customer: So you think that is likely
Alex J. Esq. :

It is difficult to guess, but generally the banks do not prosecute cases where they did not suffer losses, however they can.

Customer: But generally they don't? How soon would I find out if they were prosecuting
Alex J. Esq. :

trying to guess whether the bank will pursue criminal charges against you, really would not be a very productive activity for you.

Alex J. Esq. :

It depends.

Alex J. Esq. :

Under federal law there is 5 year statute of limitations from the last "bad" check.

Customer: This is terrible! The bank called today and said they can't do business with me anymore but can't say more than that. Would that be because its under investigation? The guy at the bank who was just the manager of the branch said it was just a decision from the bank to close it. I asked if it was reported.
Customer: He said as far as he knew he didn't know who they would report it to
Alex J. Esq. :

Each bank has its own fraud department and also works closely with local, state and federal law enforcement agencies.

Customer: He said check system was normally who. I didn't say hey are the police involved bc I didn't want to appear guilty
Alex J. Esq. :

But there is not much that can be done about the bank's decision, other than not to discuss this matter with anyone but your local criminal defense attorney.

Customer: So it's likely being reported
Alex J. Esq. :

It is better to let a local criminal defense attorney handle this matter for you.

Alex J. Esq. :

Does this make sense?

Customer: I just wanted an opinion. It's that serious that I need one. Couldn't they close an account and have nothing happen
Alex J. Esq. :

Yes that is possible too.

Alex J. Esq. :

Basically, in most cases the banks do not criminally pursue this type of situations, unless the bank has suffered monetary loss as a result, but as I said before, they can if they choose too.

Alex J. Esq. :

Are you online with me?

Customer: Yes. I understand you have no way to know. Basically your guess is that they are less likely to prosecute since they suffered no loss?
Alex J. Esq. :

Correct.

Alex J. Esq. :

Do you have any related follow up questions for me?

Alex J. Esq. :



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Alex J. Esq. :

Do you have any related follow up questions for me?

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