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N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9392
Experience:  attorney at self
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I was helping a friend send funds, and her uncle sent me

Customer Question

i was helping a friend send funds, and her uncle sent me wire transfers to my bank account, and i made the withdrawals with cashiers checks and deposit them into accounts. Turns out that the wire transfers were fraud. my friend and i never thought it would be fraud. i am the victim here. Can i be convicted for this crime?
Thanks for your time.
Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Atty replied 1 year ago.

Thank you for your question.

Have you filed a police report yet?

Customer: replied 1 year ago.
No, but i will be seeing a detective that reached out to me that confirmed the wire transfers were fraud. he wants me to give him any information that i have cashiers checks and deposits slips, etc. i was caught by surprise that it was fraud. Can i still be convicted for fraud? I am a victim in this but it was my personal bank account.
Expert:  N Cal Atty replied 1 year ago.

You cannot be convicted without proof that you intended to defraud the bank. I agree, you are a victim and not a criminal.

Still, it is never a good idea to speak with the police without having your own attorney present.

Your bank seems to have been negligent in honoring the fraudulent wire transfers and I suggest that you consult an attorney about suing the bank to recover the funds you lost because of the bank's negligence and the fraud by the Uncle.

You can get a free consultation from some of the banking attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.

Customer: replied 1 year ago.
this is very helpful. If I were to get an attorney. Doesn't that make me look guilty? This is my first run in with the law, ever so it makes me nervous.
Expert:  N Cal Atty replied 1 year ago.

Getting an attorney does not make you look guilty, it makes you look cautious and smart.