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Alex J. Esq.
Alex J. Esq., Attorney at Law
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Experience:  Experienced Licensed Attorney
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I recently received a check for $80,000. The check and my

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I recently received a check for $80,000. The check and my account are from the same bank. When I deposited the check, the bank told me that I would need to wait up to three days for the check to clear. On the deposit slip was the clear date. The next day, the funds were available in my account. I believed it cleared early. I used $71,000 to pay my obligations. The day after that, my account was negative $71,000. The bank said that they cleared the check, then did not clear the check for some security reason. The person that wrote the check, won't write me another one. The bank wants there money. I don't have it. Do I have a criminal problem?
Hello. My name isXXXXX am a Florida licensed attorney and I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Who issued this check to you and what was the payment for?

Why was the check returned as not paid?

Can you provide me with more details?

Customer: replied 3 years ago.

An acquantance issued the check as part of a loan to me. I don't know why the check was returned, as I have not seen it or a copy of it.

Dear Luke,

Have you checked with the bank to find out the reasons for the return of this check?

Have you been questioned by the police of FBI yet?
Customer: replied 3 years ago.

I called the bank, when I saw my account was negative. They gave a vague answer, "we cleared the check, then we didn't because of something with security." No police visits or FBI. I live out of the country, but when I recently visited, I had no problems.

Dear Luke,

How long ago did this take?

Have you made arrangements to reimburse your bank for the loss?
Customer: replied 3 years ago.

This happened in September 2012. I have made various requests to the bank, to provide me with a payment plan. They have put it in collections, and labeled the account a fraud account. They never return my request for a payment plan.

Dear Luke,

Thank you for your follow up.

Unfortunately, this is an extremely serious matter.

The bank can pursue this matter either civilly or criminally of both.

However, in order for the bank, law enforcement and prosecutors to pursue this matter criminally against you, they would have to establish a probable cause that you either had knowledge that the check would be returned or in some other way had an intent to defraud your bank.

Such probable cause and evidence are generally obtained by law enforcement agencies and bank's fraud investigators by various means, such as interviewing the party who issued this check to you, collecting evidence of any other criminal activity, placing the suspect under surveillance, etc...

Unfortunately, given the amount of the loss that this bank has sustained, it is very likely that the bank will pursue this matter from every possible angle and unfortunately this matter would not simply go away and it might be a very good idea for you to consult and retain local attorney, who can negotiate a mutually acceptable repayment plan and can help you avoid some potential major civil and criminal liability.

I wish you the best of luck!
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