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 LawTalk Your Own Question

LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27235
Experience:  30 years legal experience
Type Your Criminal Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

3 months ago I kited several checks from one of my accounts

Resolved Question:

3 months ago I kited several checks from one of my accounts to another. The bank caught on and put holds on my checks and mainly I could only deposit cash. I got an account at a new bank but left this open for monthly withdraws of me ships I already had linked to it. In the past months I have written checks to myself but actual money has been in there. Friday I wrote myself a check and was supposed to receive a deposit by paypal but did not so it looked like I was kiting again. I ran the cash to the bank immediately because i jace until 6 each day brfore its overdrawn
The bank called and said they were closing my account by dec 23
He said he could not tell me why. Is this because if they are prosecuting they can't tell me? How likely is prosecution since they lost no money?
Isn't the fact they are not freezing it but just closing it look like they won't prosecute
Submitted: 5 months ago.
Category: Criminal Law
Expert:  LawTalk replied 5 months ago.

Good morning Jennifer,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The bank is closing the account because of the kiting problems that they have had in the past with your accounts.

The closing of the account does not mean that they are seeking to have you prosecuted and in all likelihood, there will be no prosecution. There was no money lost and it is not very common for a person to be prosecuted in this kind of a situation.

Whether they freeze the account or simply close it has nothing to do with signaling where there will be a prosecution. As I said, given the facts that you have presented, there is little likelihood of any criminal prosecution.

As for the last check you thought would be covered by a PayPal deposit---because the accounts are only reconciled in the evening, and you got to the bank with the cash to cover the daily transaction before the reconciliation period, there is not even a problem there. Banks almost always process deposits before debits from accounts and so there would have been no kiting that day. However, they may have seen what had happened and simply decided to cancel your account based on the previous problems.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27235
Experience: 30 years legal experience
LawTalk and 9 other Criminal Law Specialists are ready to help you
Customer: replied 5 months ago.
You have given me the best, XXXXX XXXXX of anyone on here for anything before! I appreciate it. Will definitely rate you excellent just one more questionThough you said unlikely if they did decide to prosecute how would I find out a letter or would they call me? When I talked to the bank manager I just thought it was weird they couldn't say why they were closing ,the account though I obviously know. At no time even when kiting was my account ever overdrawn. I didn't want to sound guilty so I asked if it will go on my record anywhere. He said that I didn't owe them money so it wouldn't be reported to check systems and that's the only syste, he know of. I was hoping if they planned to prosecute he would mention it then. Is it common for banks to close accounts? Also they could have closed it immediately. Isn't the fact they're giving me until dec 23 promising
Expert:  LawTalk replied 5 months ago.

Hi Jennifer,

It would not be the bank that prosecutes you, and it is not up to the bank. At most, they could report you to the police or the state prosecutor. If a decision to prosecute were made, you would likely be contacted by the prosecutor's office and told that you were going to be charged with a crime.

And yes, in circumstances where the banks fear that they might have a future loss because of kiting activity, or activity that looks like kiting---and especially where there has been proven kiting activity on the past, most banks will close the accounts. Because there has not been a loss to the bank, I would be surprised if they even bothered to report this. They will likely just close the account and be done with it.

Thank you for your kind words. They are appreciated. Please keep in mind that even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

Thanks again.

Have a great day,

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27235
Experience: 30 years legal experience
LawTalk and 9 other Criminal Law Specialists are ready to help you
Expert:  LawTalk replied 5 months ago.
Thank you for your positive rating of my service, Jennifer. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.


Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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.'s Avatar

    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.