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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33791
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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If you have mental disability and unknowingly cash a check

Customer Question

If you have mental disability and unknowingly cash a check that turns out to be fraudulent are you responsible?
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Has the person been declared mentally incompetent by a judge and had a guardian appointed?

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Did the person deposit the check into a bank or actually cash it for someone and give them the money?

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Was there just the one incident?

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Are you referring to criminal liability or civil liability?

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thanks

Barrister

Customer: replied 9 months ago.
Hello, the person recieves SSDI for mental illness issues, no guardian appt. at this time. Person deposited in bank for themselves, and is supposed to do mystery shopping. Person found out later that this is a scam, but had already spent some money. Just this one time. Is person criminal liability?
Expert:  Barrister replied 9 months ago.

Ok, if the person hasn't been declared legally incompetent, then they are presumed competent and are responsible for their own actions.

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But as for criminal liability, that requires "intent" also known as "mens rea" or "guilty mind". So if the person was duped and had no idea the check was fraudulent, then it is very unlikely that the local District Attorney would charge them with a crime.

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They would however still be responsible civilly for repaying the bank for any losses due to the fraudulent check.

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thanks

Barrister

Customer: replied 9 months ago.
Not the answer person wanted.
Expert:  Barrister replied 9 months ago.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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