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I own a ny company that pays a distributor for merchandise,

I own a ny company...
I own a ny company that pays a distributor for merchandise , I got into some financial problems and my manager was floating checks till the clients paid their debt. My distributor noticed the checks were returned and after threatening criminal action he then arranged a payment plan , I made a few payments but could not meet the amounts they demanded . Now they are threatening criminal procedures towards me . Can they do that after accepting payments for the debt ? I have text showing proof of payments accepted and text of threatening criminal charges almost to the degree of extortion . Answers would be greatly appreciated if they can proceed with criminal charges
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Answered in 5 minutes by:
9/24/2017
Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 1,834
Experience: Managing Attorney at a Law Firm
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Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 4 months ago
Thanks counselor .

Based on the information you shared, it sounds like there could be grounds for pursuing a criminal charge for check fraud.

Check fraud, also known as bouncing a check, is a class B misdemeanor in New York.

It's punishable by a fine of either twice the amount owed from the check, or $500, whichever is greater.

It is also punishable by up to 3 months in jail.

That being said, it sounds like you may have some valid legal defenses in showing that there was in fact a payment plan reached, and that criminal action was leveraged as a threat, etc.

These would all be things a judge would take into account when evaluating a case and deciding on guilt or legal penalties.

If criminal charges do end up being filed, it would be recommended to hire a local defense attorney to represent you in this matter.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 1,834
Experience: Managing Attorney at a Law Firm
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Customer reply replied 4 months ago
Ms. Jones
Thanks for your educated response , I assumed that when a payment was accepted that it would negate criminal action since a settlement arrangement was agreed once an initial payment was received and accepted thereby stay as a civil matter . I have to see if the DA will move forward with criminal charges I guess . Thanks so much .

I understand, and that would seem like a normal, logical conclusion to make. Unfortunately the payment plan agreement does not negate the possibility of criminal charges. You are right, it's up to the DA now to see if they will file charges. (Hopefully not.)

If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. Best of luck to you, take care!

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