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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 112669
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I'm in Florida and someone authorized me over the phone to

Customer Question

I'm in Florida and someone authorized me over the phone to change their check amount and then filled out papers at the bank that said they didn't. the checks were NSF anyways, but what recourse do I have if I loose my job as an insurance salesperson and my liscense? What should I admit to the company?
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, my meeting is tomarrow at 1 by phone.
JA: Is there anything else important you think the Criminal Lawyer should know?
Customer: NO, but I need to know the worst that can happen to me and should I admit it?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Legalease replied 8 months ago.
Hello there ---Who are you having the telephone meeting with tomorrow at one pm? Your own employer ? -Was this a large amount of money in the discrepancy? -MARY
Customer: replied 8 months ago.
The check was for $21.00 and changed to $26.00. I paid the client the overdraft fees. But then the check got presented again and they had an additional fee. I read online that I can be liable criminally and civilly. My companys special investigative unit is handling this. I will never be able to work with any insurance company and loose my license if you give me incorrect information. I can't prove any of my allegations.
Customer: replied 8 months ago.
We are 1099 and can be removed for any reason. I did not pick up the additional check they had waiting for me. The company overdrafted their account twice on two other policies because the dates were put in incorrectly. The check should have never been cashed originally because I had asked for the application to be withdrawn when I found out they were double drafted.
Customer: replied 8 months ago.
Can the federal government access this conversation and charge me as well?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your other contributor had to leave, I AM A DIFFERENT CONTRIBUTOR.
What specifically is your question here? Please specify what you would like to know.
Customer: replied 8 months ago.
Specifically, what should I reveal to the questioning from my internal investigators from my company regarding the incident medtioned above, and what legal extremes can happen criminally and civally
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
Well, being untruthful to your employer can be grounds all by itself for termination. An employee must answer questions of an employer as they relate to the performance of their job and refusal to do so would be grounds for termination as well, but anything the employee says can be used against them in a criminal case.
There is a potential of criminal charges here, so you should maintain what you said happened above, that you received phone authorization from the customer to make the correction AND you did not personally benefit from any of this, it was just for the company's benefit. You need to stress that part, that you did nothing for any personal benefit.
Other than that, you should not say anything more about the incident other than the customer authorized you to make the change regardless of what they are saying AND it was to the company not to you personally.
Customer: replied 8 months ago.
What are the extreme criminal and civil charges that could occur, as I previously asked?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
The possible criminal consequences are the worst. Forgery and uttering a forged instrument, which are third degree felonies in FL punishable by up to 5 years in prison and fines up to $5000.
As far as being sued, for $5 plus the overdraft fees, that civil damage could be very minor, because that is all they could recover from you for this.

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