Filing for fraud (bank)

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KeepJimMorrisonAli

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LONG STORY SHORT
I filed for fraud with the bank and found out the person that has been using my account without my permission is someone who I'm not legally supposed to hang out with right now (probation.) What should I do about this? Drop the case? Make up a story like I saw him come in the restaurant I was at and left, but left my card there? Anything?


Whole Story
Alright so right now I'm on probation for a misd. B&E that I got charged with alongside my oldest friend (over 8 years now.) Anyway, part of my probation is that I am not allowed to hang out with him at all. I went up to the beach with him and he stole my security deposit check, which then made me FLIP OUT on him and almost beat the hell out of him. I went on to say how much of a piece of worthless shit he was, how he steals from his own mom and friends, how no one likes him at all and he'll never change, etc.

Well anyway, I left my card in his car and he knows my pin #. Yesterday I checked my Wachovia online checking account and it said I had $27 (weird, last time I checked I had $230 and I haven't had my card at all.) Well this has happened before and I assumed that it was all these "late credit" payments that take 2-3 days to process. Then I saw that $500 was withdrawn from the ATM yesterday, when I was at home all day with no bank card.

So needless to say, I filed for fraud and closed that card so the person using it no longer has access to it. I then texted my friend, assuming it was him since he's the only person with my PIN # as well as who I left my card with, telling him what happened. I told him that I filed for fraud and asked if he did it or not, he originally texted back denying it and saying why would he do that to me. However, once I texted him saying that the ATM's have video cameras and the police are going to check them (letting him know he has nothing to worry about if he didn't do it), he responded with a "heartfelt" apology saying that he fucked up, he's really sorry and please don't bring the police into it.

Well, if he would have admitted it before I ever filed for fraud or EVEN right after I texted then I MIGHT have believed he was sorry. But after all that and stealing money WHILE I was paying for his vacation makes me think he's only sorry that he got caught. So I told him if he pays me the money + overdraft charges I will drop it (though I most likely will keep pursuing it and screw him over like he screw me over.) Anyway, he's already given me $300 and I haven't dropped the report yet and I'm wondering what I should do.

Keep in mind I'm not legally allowed to hang out with this person and the police WILL eventually find out it was him (it's not exactly the "perfect crime" seeing as how they got a video tape of it from about 2 feet away.) Will I get in any trouble for associating with him or will that not matter in this situation? We've been pulled over together and when they look us both up on their police computer they never let us know we shouldn't be hanging out. This makes me think that the only people that REALLY know are our probation officers and I should be getting off probation soon, and he doesn't have to know about it anyway, right?

Thanks for any advice.
 
I would also like to ask really quick one more question. What would he be charged with for illegally stealing between $500 and $700 (unsure of exact amount right now) from my bank account? He is over 18 years old. Also, how much jail/prison time would he have for it?
 
Lost and Confused said:
--^

Enough to pay you a lot more than $300
Click to expand...

lol very true

no one will be able to tell you how much time your friend will get...just a best guess.

only way to find out exactly is for him to get charged and it gets figured out in court..i would probably do the same thing...turning him in that is...not a good friend if he's stealing 500 ya know


Stabz
 
I appreciate the responses but could someone answer the question I'm really asking... Would filing this fraud report be a mistake since the person that committed fraud I am not supposed to hang out with as a term of probation?
 
If you think your probation officer will find out as a result of filing a report, then it's probably not worth the risk given the amount of money involved.
 
We are not supposed to offer advice to assist you in breaking the law in this forum.:\
 
It was not my intention to even imply that tobala was giving said advice. If that was the case, I appologize to tobala.

I was merely making a generalized statement based solely upon the facts as they were set forth.

The original poster violated the law by violating his probation. Any subsequent advice on how to assist him out of the tangled web he created would not be advisable.
 
^ No worries at all there, mate. :)

But I think the whole legal industry (at least the defense part) is designed to help people out of their tangled webs as unscathed as possible. If the OP came and said "what's the best way to violate my probation without getting caught," then you would be right--but in this case the deed was already done and the issue was more about how not to mess up further.
 
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