Complicated check fraud?
My friend needed money and his bank was closed, so his roommate wrote me a check, I cashed it and gave it to my friend. Within the past week I have discovered that my friend actually stole the check from his roommate and made it out to me. I was completely unaware of what happened until this past week. His roommate is pressing charges for several checks that were also taken. Am I guilty of anything here?
Answer:
Probably not but your friend is guilty of THEFT of the checks AND FORGERY, as I presume he forged the signature of his roommate. If he did this several times, he's looking at a serious felony and possible fine as well as jail time.
Your cashing of the check does not make you an accessory. It's no different than him presenting the illegal check to any other party.
You're not guilty of any crime (generally speaking) when you do not have the requisite "mens rea" or guilty mind. If you didn't know, you didn't know. There's no crime.
If someone would come up to me and say, listen can you cash this check for me? I would take a look at it, and if it's not in his/her name, I will personally contact the person that the name is on the check and see what the deal is. I would never cash a check for "anyone" if their name isn't on it. Even if the name of the person that came up-to me was on the check, I will recommend for them to go to a cashing place.
With all identity thefts etc., it is to be assumed that everyone over the age of 18 should have the "capacity" to ask "questions". Why didn't you ask the person if it was really ok to cash this check? You took someone else's word for it. Now if this person does want to file a complaint against you also, then I would suggest for you to retain an attorney and find out what your rights are.
I also suggest for you to talk to your so called friends roommate and see where he stands. Find out from him directly if he is going to file a complaint against you. Be honest with him, you never know, he might appreciate your honesty and not do anything to harm your criminal record.
Hopefully, this other person does not file a complaint against you. However, if this person does file a complaint on his roommate, you would probably be asked to testify in court.
Either way good luck.
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