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Can you go to jail if you cash a fraud check if you didnt know it was fraud when you cashed it ?
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Can you go to jail if you cash a fraud check if you didnt know it was fraud when you cashed it ?


Additional Details
the check was for 2,000 dollars


    




Capt Crasher
Rating
Short answer: No.

Why:
You are the VICTIM of Fraud, not the "fraudster" they want to put in jail. Report the matter to the police, file all the neccessary reports, and go from there.

BUT You WILL have to pay back the Bank if the bounce pushed your balance below $0. You agreed to do that in the "mouseprint" when You opened the account. It's the same as if Your PAYCHECK bounced...It wouldn't be YOUR fault, It would be your employers, but the bank would come to YOU about getting the money back (then YOU would have to go to your employer about the bad paycheck).

Comes down to... the Bank knows YOU didn't write the check, You just cashed it, so they don't see YOU as a criminal. They just don't CARE about your personal problems. They only care about the money...
IF the Police ever catch the "fraudster" (not likely) You can SUE HIM for your losses...


Surfer_Lee
Rating
Yes, you can go to jail for something like that. Most people would claim that they didn't know. Judges don't accept answers like that. I agree with others who say that ignorance of the law isn't an excuse.


Haulie
I saw something like this on Judge Judy a couple of weeks ago. You can be sued in small claims court and forced to pay (have your wages garnished) or spend time in jail.


Adeline
Rating
YES. Just because you claim to have not known will not get someone off for something like that. What else would a criminal say? Most claim "I didn't know" or "It was this person, not me, I was just in the wrong place at the wrong time", etc. etc. Look at Paris Hilton... she tried to excuse her driving on a suspended license by claiming that she didn't know her license was still suspended. The judge didn't buy it... now she has to spend 45 days in jail.


blonde_mama
You are responsible to pay the bank back for the money. The bank will probably not let you make payments. Your best bet is to take out a personal loan to pay it off. You can try to go after the place where the check came from ... but good luck with that. You could also try contacting the better business bureau to investigate. Never cash checks that come in the mail from unknown sources. This is a hard lesson learned.


One Sexy Jeep Girl
Rating
You have a very good chance of going to jail. Ignorance is no excuse. How in the world could you NOT have known it was a scam? How often do people win contests they never entered? I hope you've learned your lesson.


ejohnjr34
Been there and did that except it was not a sweepstake check and I did not take any money out. If you did not know what the money was about you should have put it in your account and let it clear before taking the cash out. Since you did not write the checkor sign it and no one can prove otherwise then you do not go to jail, but if you do not let it clear your account first then you are held liable for it and your account will be debited as yours was. Sorry about that


Enigma
Rating
No file fraud affidavit and work out repayments.

Man it never ceases to amaze me that with all those Nigerian and lottery spam emails and the warnings of them ... how some people lose their senses when it comes to money.

All they can do to you is take you to court if you don't pay it.
That's only if you do not file a police report and fraud affidavit.


wernerslave
Not for fraud. You are however responsible to give the bank it's money back. Even tho the bank cashed the check and you used it, That doesn't make the money yours.
I just saw Judge Judy on TV a few weeks ago, order someone to give the money back in a similar fraud case.


crengle60
Rating
oh yeah ignorence of the law is no excuse


forgivebutdonotforget911
Rating
They will not take your word that you did not know it was fraud. They will use the "reasonable person" rule.

Would a reasonable person know, or suspect the check was fake? In this case, yes. Scams involving a "win" in a lottery you never entered are common place and a reasonable person would be suspicious of a "win" under those conditions. You never "win" if you do not enter.

So yes, you can go to jail. $2000 is a major amount of money. Felony at least.


bbasingal
Rating
If you fail to make some sort of arrangement with the bank, they will most likely bring the police into this matter. Yes, you can be incarcerated for cashing a fraudulent check.

The fact that you are married, have children, and a full-time job will have no bearing except that you can tell the bank they can garnish your wages until the amount has been satisfied.

Hope this helps.


aulona37
Rating
Oooooooooooooooooooooooooooooooooooooooo... yea!


S1973
The back wouldn't cash it for one.



wackos out tonight lively and kickin





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