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Last month I kited from one to another several times. My bank

noticed and said they were...
Last month I kited from one to another several times. My bank noticed and said they were investigating suspicious activity and put holds on a few checks. This week they investigated more And will put holds on all my future checks. They have all their money and said they would not close the account. will I likely be prosecuted? Wouldn't they close the account if it was that bad
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Answered in 4 minutes by:
7/23/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,037
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Generally, if they have received their money they will not refer the case to the DA unless it happens again. Kiting checks is illegal under the state's bad check law or issuing worthless check laws and usually the banks do not want to be bothered going to court and also getting bad publicity by going through a criminal trial if they do not have to do so.

It is more likely than not, although no attorney can guarantee they will not, that the bank will not pursue charges if they have gotten their money back and you do not have any future violations.




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Customer reply replied 4 years ago


I have also had nsf fees but non have been returned. They just said they are monitoring account activity. The main office told my branch to place holds. If they were going to prosecute would the close the account? How soon would they turn it over to the da

I understand what you said above that its unlikely but in cases where they do it the account closed. You also said if I don't do it again. obviously i'm not going to but with long holds I couldn't even if I wanted too just saying I don't know that they can tests I won't do it again.

Thank you for your response.

You will have to pay those fees of course. Typically, they will not file charges with everything paid back to them and usually they will file charges within 30 days of their informing you of the matter. Generally they would indeed close the account if they were going to pursue you.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,037
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 4 years ago

this did happen 30 days again and they first contacted my bank a week ago and have continued to investigate it and went from placing holds on some checks to all checks. They could still file correct because it hasn't been 30 days

They could still file, yes, but again if you pay everything due they likely will not.
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