Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

A friend who thinks he is above the law because he has no money

and lives on public asssistance...
A friend who thinks he is above the law because he has no money and lives on public asssistance recently cashed a $5,000 beneficiary check from an Insurance company when he KNEW THEY HAD ISSUED A STOP PAYMENT but cashed it anyway saying if I cash the check and spend the money I have nothing they can take i have no money , no car, no wages to carhish. He cashed it at one of those Check Cashing places. He did some funny paper work claiming that he was the only beneficiary and they sent him the $5,000 check. Well it turns out it was stated in the will that his cousin was to get half of that $5,000. SO the insurance company called him and placed a stop payment on the check had him submit some new documents regarding being the beneficiary of $2,500 and reissued a SECOND CHECK for $2,500. He cashed that check also.

He has received two letters from The Insurance company demanding he return the $5,000 he illegally cashed but he just threw the letters away and said to me :What;s done is done" they can't do anything to me. Well this jerk also owes me about $800.00 and a laptop computer so nothing would make me happier then to see him spend some time in jail for committing insurance fraud. I sent the insurance company a letter with copies of emails showing that I told him not to cash the check that there was a stop payment issued to show them that he knew when he was cashing the check that it was not valid. Is he just going to get away with this like everything else he does or could he be sent to jail if he can not pay back the money?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 9 minutes by:
4/21/2013
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Verified

Whether or not he will ultimately "get away with this" depends hugely on the insurance company. As you alluded to, there is no doubt that he could be charged with fraud for having cashed the checks and refusing to return the proceeds. My speculation is that the insurance company will put a bit more effort into getting him to return the proceeds.

.

If they contain to receive no response, they would likely then take legal action against him. While this may not be a huge sum of money, it is certainly worth pursuing. And yes, if they do pursue the matter, it certainly could lead to your friend being jailed.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Ask Your Own Criminal Law Question
Customer reply replied 4 years ago
So if they pursue it and they win but he has no money to oay them back what does the court do? Can they garnish a portion of his welfare check?

In my opinion, the easiest way for them to handle it would be to have him criminally prosecuted. He would then be placed on probation and, as a condition of probation, he would be ordered to pay restitution. Then, if he fails to pay, his probation would be revoked and he would go to jail. In other words, it could well come down to either making payment or going to jail

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Verified
Joseph and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago
well here it is four months later and I sent a letter to the CEO ( Mutual of Omaha) stating as a shareholder I was disappointed that they are not tough on fraud and while $5g might not seem like a lot of money to the company , to some shareholders that is a lot of money. I also said how unbelievably careless it was for them to send a second check out to the same person before receiving the stop payment check back from that person.. He forwarded my letter to a special investigator, I then sent the information I had (text messages) which proved that this person knew that there was a stop payment , but went ahead and cashed it at a check cashing place... the investigator thanked me and said the usual "we can not comment on investigations blah blah" but I know for a fact that nothing has been done.
I'm sorry to hear that the situation does not seem to have improved. Was that just for my information or did you have a new question? Thank you.
Ask Your Own Criminal Law Question
Ask Joseph Your Own Question
Joseph
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
7,280 Satisfied Customers
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor

Joseph is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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.

NormaPensacola, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My husband is currently being investigated in watching child
Hi, my husband is currently being investigated in watching child pornography. Our house was searched and they took my husband hard drives and computer. I called the detective and he said because of ba… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My brother was convicted on computer porn 1 to 3 years he
my brother was convicted on computer porn 1 to 3 years he did his year as of may 20th but the parole officer has not aproved any home plan. The parole officer won't tell us the rules(ex. how far from … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My wife is under investigation for poisoning, abduction,
My wife is under investigation for poisoning, abduction, attempted homicide and larceny. She is a Chinese citizen. She is in China now The investgation has been going on since the first of September, … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I just confessed to an insurance investigator that i filed a
i just confessed to an insurance investigator that i filed a claim for damage that happened before my policy started … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,326 satisfied customers
My father was on my computer and he saw things. He wants to
My father was on my computer and he saw things. He wants to kick me out of the house for being gay. Is there anything I can do? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
N District of GA.While an investigation of my relative was
N District of GA.While an investigation of my relative was in progress, two inspectors with FBI emblazoned on the back of their jackets came to place of employment (FedEx) to serve me with a request f… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
The federal has been investigating me for the pass twenty
The federal has been investigating me for the pass twenty years about an international mob investigating going on. I have suffer mental anguish from being acussed and from my x-employer. I am looking … read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
I was told that I was being investigated by the police as
I was told that I was being investigated by the police as being a pedifile after I told a public librian That I was molested as a child and they were watching me with staff. My teacher from grade scho… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
California. Plaintiff in cross complaint can be investigated
California. Plaintiff in cross complaint can be investigated for vandalism according to opinion by special prosecutions section. Plaintiff tampered with locks owned by defendant and details his tamper… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,511 satisfied customers
Defendant accused of rape. Accuser claimed to investigating
Defendant accused of rape. Accuser claimed to investigating detectives that she was a virgin. Police ordered medical has accuser answering that she in fact has had sex before. According to the Rape Sh… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
Charlotte County, FL. Who do you hire to investigate the
Charlotte County, FL. Who do you hire to investigate the Sheriffs office and is anyone willing to do that? Example: DS who perjures himself on his PCA and at the Suppression hearing to cover his many … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How can you know if you are under investigation? Will the
How can you know if you are under investigation? Will the police contact you immediately if they have your information and have received a complaint and video evidence you have committed a crime? How … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Why do you think this is not being federally investigated?
Why do you think this is not being federally investigated? The media shows investigations into this taking years sometimes.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If someone who is being investigated for a crime leaves the
If someone who is being investigated for a crime leaves the state when no charges have been filed and no law enforcement or legal personnel has contacted them can they be charged with a crime when the… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,326 satisfied customers
Unfortunately my son is a librarian being investigated. The
Unfortunately my son is a librarian being investigated. The library's fear factor is that he has a sexual interest in the children ages 8 to ten. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
A company scammed my mother out of $400 for "computer
A company scammed my mother out of $400 for "computer services" my mother issued them an electronic check for the services but she didn't understand what she was paying for. I have attempted to resolv… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
You would need proof that they are hacking your computer.
You would need proof that they are hacking your computer. The first step there would be to take your computer into a local computer repair shop to be examined for spyware. If spyware is discovered, yo… read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
My friend has an insurance fraud on her record, 30 yrs old,
My friend has an insurance fraud on her record, 30 yrs old , was paid back and pardoned but has just resurfaced resulting in her being fired from her teaching job with one yr left to be vested in VA f… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,462 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x