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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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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 button replenished the account with actual money the next day. The and is 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
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,

My name is XXXXX XXXXX I am an experienced criminal lawyer.

Kiting is a criminal offense and the fact that you stopped doing it doesn't mean that you can't be prosecuted. You can be penalized for the act itself.

I cannot predict the future and tell you what the bank will do. They have frozen your accounts and are waiting to see if there will be any other fallout from your unlawful activity. If they find nothing further and can recover any money they lost due to your activities, they may just cancel your accounts and be happy enough that you are banking elsewhere. If they find additional transactions and the extent of the kiting turns out to be more than they thought it was, they will likely have you prosecuted.

Good luck!
Customer: replied 1 year ago.
The bank didn't lose any money from it. They have it all. Does this make prosecuting less likely. When I called they just said they had to close my account they would not,say why. Could this be because they turned it over to someone and they can't tell me. Also my account will remai open until dec 23. Wouldn't they close it I,mediately d they thought there was a huge problem. How soon will I know if they are prosecuting
Expert:  Zoey_ JD replied 1 year ago.
Yes it makes prosecution less likely. As I have said, they are waiting until everything clears through your account to know exactly the extent of the kiting.

You already know why they are closing your account. By your own admission they you have been kiting. It sometimes takes banks a while to catch kiting. Someone may be able to do it once or twice over a long period of time without any one catching on. When enough of it goes on to make their radar screen is whe you are more likely to get caught.

They are not looking at this point to close your account, just to freeze your assets to protect their interests while checks previously written do or don't clear through. Then they will make their determination as to whether or not to release your money and close your account and/or prosecute.

Customer: replied 1 year ago.
Thanks for the answers. Last thing my account is not frozen. They just said I have to close it by dec 23. I can go in tomorrow and close it if I want he said. Is this a good sign? If they see in the past I have done it several times is prosecuting more likely even though they never lost anything. Have you heard of many bamks prosecuting when they lose no money. The manager just said it was just a decision the bank made. He made it sound as if they were doing nothing else but would they inform me if they were prosecuting? He said he couldn't really say why they were closing it
Expert:  Zoey_ JD replied 1 year ago.
Yes, if your account is not frozen and they are asking you to close your account you ought to do that and get your money out of that bank. It is a good sign.


Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17128
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.