Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

My boss made me call capital one, pretending to be him, he

was next to me but...
My boss made me call capital one, pretending to be him, he was next to me but we never let the customer service representative know. I gave all the information as required by their fraud department representative and all the answers were right. They are reviewing the recording call and since they had his voice in previous calls it's not matching. what's my risk here to be talking on behalf him without letting them know?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
9/26/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

Are you online with me?

Customer:

yes

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

I am sorry to hear about this unfortunate situation.

Alex J. Esq. :

Can you please tell me why you were asked to impersonate your boss?

Customer:

because he doesn't speak english too well

Customer:

and I just don't know the law or if this is illegal

Alex J. Esq. :

Why didn't he simply authorize you to speak on his behalf?

Customer:

we just didn't think of it, this just happened a few hours ago

Alex J. Esq. :

Yes it is illegal and could subject you to criminal prosecution

Alex J. Esq. :

What language does your boss speak?

Customer:

spanish

Alex J. Esq. :

Capital One offers many Spanish speaking representatives.

Alex J. Esq. :

Is there any reason your boss didn't choose the option to speak to a Spanish speaking rep?

Alex J. Esq. :

Can you please tell me the nature of the conversation you had with Capital One?

Customer:

he was trying to activate a card

Customer:

the card hasn't been used

Customer:

we did this without knowing anything of what you are telling us, he just told me, pretend to be me you have the information and whatever you don't know I'm here

Customer:

I don't have any advantage on this

Alex J. Esq. :

I understand.

Alex J. Esq. :

How did the fraud department know that it was not your boss's voice?

Alex J. Esq. :

Did you boss applied over the phone?

Customer:

I just want to see if this has correction by calling capital one again and let them know we are sorry, confirming that we both were involved,

Customer:

he applied online

Alex J. Esq. :

that would never be a good idea confessing to a potential crime.

Customer:

they said they are checking the recorded conversation, my boss didn't tell me he spoke to them before this call

Alex J. Esq. :

If your boss applied online, how did capital one figured out that it was not your boss calling?

Alex J. Esq. :

Did he speak to them before this call?

Customer:

because they talked to him before

Customer:

yes

Alex J. Esq. :

Was there any issues with this capital one credit card account?

Alex J. Esq. :

It is strange that the account was flagged by the fraud department...

Customer:

We thought just to forget about that card and my boss said he won't talk to capital one anymore, neither will I

Customer:

will this help?

Customer:

I just don't want them to start looking for proofs and then prosecute something

Customer:

I made the calls from my personal phone because there's nothing to hide, I even have a capital one card and they may have a recorded conversation of me from the past and they could start comparations

Alex J. Esq. :

Well, simply abandoning this issue will not make it go away.

Alex J. Esq. :

I understand.

Alex J. Esq. :

Were you threatened by their fraud department?

Customer:

no

Customer:

they just said they are reviewing the case

Customer:

in order to aprove the card

Alex J. Esq. :

Well, basically, if your boss calls Capital One and tells them that he asked someone else to impersonate himself, he would be confessing to a crime, which would implicate you as an accomplice, especially if you in fact claimed to be him.

Alex J. Esq. :

Does this make sense?

Customer:

yes but we haven't done any of that.

Customer:

will they have enough proof by comparing the voices?

Alex J. Esq. :

Yes

Alex J. Esq. :

It would be very easy for the bank to do a voice analysis, which is 99.9% accurate and is admissible in court.

Customer:

because beside that, they can't have anything else, unless we keep the process of giving them the proof they asked for, since they asked for more id's, ultility bill, etc.

Alex J. Esq. :

Basically, in such situation, the best thing to do is to not discuss this issue with anyone and if approached by police, FBI or secret service, not to say anything and demand to speak to your local criminal defense attorney.

Customer:

let's say they file the report, I get an attorney, chances of going to jail?

Alex J. Esq. :

Do you have any prior criminal history or does you boss have any prior criminal history?

Customer:

never

Customer:

nothing

Customer:

the thing is if banks like this one prosecute this cases just with this information they have got

Customer:

even when the card was not used at all and not intended to be used but for the owner.

Alex J. Esq. :

Well, it is very questionable whether Capital One will ever pursue a criminal report and if they do, an experienced local criminal defense attorney should be able to prove that this was a simple misunderstanding and neither you or your boss had any intent to commit any fraud or to benefit from any fraud.

Alex J. Esq. :

It is not very likely the bank will prosecute this incident, but it is possible.

Customer:

that sounds like a relief

Customer:

thanks

Customer:

anything else you would suggest

Customer:

?

Alex J. Esq. :

Well, I would suggest to have a local criminal defense attorney in mind, in case if anything ever comes out of this incident

Customer:

ok thanks

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
Alex J. Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,723
16,723 Satisfied Customers
Experience: Experienced Licensed Attorney / Criminal Law Mentor

Alex J. Esq. 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
HiHi, my partner was charges with aggravated robbery and was
HiHi, my partner was charges with aggravated robbery and was indicted. He accepted a plea to an amended charge of robbery. The case was weak but the prosecutor told him if he would plead guilty that t… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I am very confused about something about hope I can get an
Hello,I am very confused about something about hope I can get an answer or at least good advice. I am a filmmaker in the New England area. A few weeks ago I was notified by this band that I was going … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,812 satisfied customers
They are trying to blackmail me, and i'm looking for
they are trying to blackmail me, and i'm looking for confidentiality for the topic. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was ticketed for "wearing seatbelt inappropriately". Don't
I was ticketed for "wearing seatbelt inappropriately". Don't know what the officer thought he saw; court on 2/4/2009; pleaded not guilty; belt slides from chest to under neck and tightens so I hold it… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
My son received a DUI 3 or 4 yrs ago while in college. Last
My son received a DUI 3 or 4 yrs ago while in college. Last night he was the Designated driver for his friends and was pulled over. He refused the breathalizer test and was taken to jail. His friend p… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I called the police on my son one night because he took my
I called the police on my son one night because he took my car driving without my permission. He has court scheduled for it now. Is there any way I can have these charges removed? I just want him to l… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
If I have a DUI from AZ and have TX driver's license and
If I have a DUI from AZ and have TX driver's license and residency, are AZ DUI driving restrictions, e.g. ignition interlock, suspension required in TX or AZ?… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
In 2003 i was charged w/ mult.burglaries and felony
in 2003 i was charged w/ mult.burglaries and felony vandalisms. I ended up plea bargaining down to burglary1 and felony vandalism sentenced to one year with a strike. to make things complicated i had … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
My wife and her brother have been not getting along each
My wife and her brother have been not getting along each other because of their parents property. My wife have a argument with him and She said a lot of bad words to him like you're a thief, no balls,… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
I am unable to rent because of a felony arrest in missouri
I am unable to rent because of a felony arrest in missouri when I was 20 that was dropped but is on my background check. Can it be expunged/… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I've dated a lie the past year. I live in San Diego. (we
I've dated a lie the past year. I live in San Diego. (we know each other from a traveling work situation) He is now in jail, Hamilton County Indiana, for violating his probation for traffic violations… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
889 satisfied customers
Question regarding fed charges re child prono on internet,no
Question regarding fed charges re child prono on internet,no past crimals records of any kind. has a fed public att. regarding do process, does the defense have to quit finding charges after the first… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,014 satisfied customers
Are thier laws/lawyers that will challenge an arrest of an
Are thier laws/lawyers that will challenge an arrest of an individual and consiquent prosecution [for assault when in fact he was protecting himself and property] of entire police department/municipal… read more
Cowgirl Lawyer
Cowgirl Lawyer
Attorney at Law
Juris Doctorate
1,266 satisfied customers
My 15 y.o. son and 3 16 y.o. friends were visiting a
My 15 y.o. son and 3 16 y.o. friends were visiting a Computer store at Foxwoods and one of the computers in the store had been used by a woman to log on to her Facebook account and she left the store … read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
What can I do when I have a neighbor who smokes marijuana
What can I do when I have a neighbor who smokes marijuana all day long, and I'm receiving the second hand smoke in my apartment?. He never leaves his apartment. He smokes marijuana and cigarettes cons… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Somebody I know through a friend is in jail waiting for his
Somebody I know through a friend is in jail waiting for his court date. He was released from prison and while on probation was caught shoplifting. Seems like a clear case but isn't: a) After getting o… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Contact information for expert witnesses (Pediatricians) in
contact information for expert witnesses (Pediatricians) in Massachusetts to testify for the defense in a child physical abuse prosecution.… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have a job offer and I just graduated witha Master's
I have a job offer and I just graduated witha Master's degree in counseling and psychology, the job is as a Master's level counselor and requires a Level 2 background check, the incident occured Aug 2… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 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