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Ellen
Ellen, Lawyer
Category: Criminal Law
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Experience:  25 years of experience helping people like you.
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my husband moves and sets up mobile homes he receives checks

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my husband moves and sets up mobile homes he receives checks to po box number his secretary took a 3000.00 dollar check held it for a month signed his name to the back and took it to his bank and cashed it hewent in the bank later that day and they mentioned it to him he said he did not aurthorize her to cash a check bought the check back from the bank confronted her when she came to work on monday demanded the money back she gave it back more money is missing but the bank said since he said she could get statements and call for balances that she was allowed to cash his checks by signing his name and the bank could not stopit because they can not just give partial access to the account so she could take the checks and cash them theese checks are from work that he did not fom clients can this be so it has been turned over to police and the bank told him that she legally had acess to all checks from the account and once that the clients made out to him for work done Thank You B
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Ellen replied 8 years ago.
Thank you for your information. What is your specific legal question?
Customer: replied 8 years ago.

FLAandNY Lawyer

my legal quesion is it legal for her to cash his checks just because he gave permision to get bank statements and deposits the sherrif is lost she took the money she gave it back from that one check but, there is more about 17000.00 more the bank says yes she can do it since he gave her limited access to the acount but, the bank says it is total access these checks never went into the account she cashed them small community related st attorny

Expert:  Ellen replied 8 years ago.

Hello,

Thank you for your question. I am happy to assist you.


It was not legal for her to cash the checks. It is embezzlement. This is true regardless of the fact that she returned the money. It is a crime and the state attorney should prosecute.


In addition, the bank should not have allowed her to cash the checks. Your husband gave her authority to obtain bank statements and make deposits. That is completely different from signing his name and cashing the checks. It appears that the bank is rightfully concerned about its liability resulting from its wrongful check cashing.


If you have business owners insurance, check your policy. If you have coverage for employee dishonesty, you can file a claim and be reimbursed by your insurance. If not, you will need to pursue the matter in court.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLAandNYLAWYER


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