Blank Checks, Fraud.

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Prelude2TragedyII

Bluelighter
Joined
May 8, 2004
Messages
1,206
Okay, so , I have a few questions.

There was a blank check laying around the house.
It was signed , but wasn't made out to anyone.
It was for 100$.

I was wondering what would happen if I were to give this check to a stranger, they cashed it, and gave me the money.

Legally? What should be done after this?
The check was reported to be fake.
 
Possibilities:

1. Fraud
2. Conspiracy to Commit Fraud
3. Forgery (if this is what you mean by "fake check")
 
Well , Basically, it was my mothers check.
She left a book of them out, and near ever check that I get, she will end up taking 100$ of mine to go buy drugs of hers from the pharmacy.
She won't ask, just goes to my wallet while I sleep, or uses my credit card (Since I was 16 when I got my card, she was there when I made my pin, unfortunantly).

I made the check out for 80.00, since I was short that much to pay bills.
I didn't want to cash it in my name, so I had someone else cash it.

It was a forged check.
 
Well, if you're tired of her pilfering from you, hiding your wallet and changing your PIN are the preferable methods that won't get you into legal/civil trouble down the road. :\

As it stands, you and your friend have committed fraud and conspiracy to commit fraud, and you have committed forgery (assuming you were the one who forged your mother's signature).
 
What Tobala said, with this to add: no crime is ever "good" to have on a record but an offense such as forgery that involves financial dishonesty is especially bad and could disqualify a person from any job that requires handling cash. Also, with financial matters, the FBI often gets involved.

If the check was already reported, at least in theory it wouldn't be able to be cashed and the person attempting to cash it could (obviously) end up in trouble.

Change your PIN and stash your money in a location or bank account that your mom doesn't know about... or why not confront her about why she is stealing from you? If your mom is addicted to prescription pills and has no way to pay for them, maybe this is an opportunity for you to help her while making it clear that she no longer has access to your money. Of course, you can't do this while conspiring to steal from her or forging her signature.

Why anyone would leave around signed checks is beyond me, though. :\
 
Someone I know did the same exact thing with his uncle's check, and his uncle got very angry to say the least, and is pressing charges against him and he is now looking at 10 years in prison. Good luck with that, my friend.
 
confused

You lost me on this one, because you said the check was laying around, signed and made out for $100.

Then you said YOU made it out for $80, due to being short on bill money. Makes it seem that it wasn't laying around, and made out for any amount of money..that you filled in the amount.

I have no legal advice, but, I am a Mom.


If you were my child, I guess I would look at the fact that you made it out for only $80. If you truly were short the $20 for bill money and you told me you took it to "pay yourself back" the $100 I borrowed from you, it would make sense. If you were going to steal from me, it would probably be for more than $80.

It still is a crime. So, though, is a "mom" taking your $100 regularly.

Have you talked to your mom about it? Is she pressing charges? You could bring up her taking your money. Even though she has your PIN, I don't think she is allowed to just take your money from the bank, and ATM machines do have cameras on them.

Talk to her, about ALL of it.
 
It's not illegal to spend other peoples' money if they give permission to do so.

If the account owner consents to the person cashing the check receiving the money, it doesn't matter what the signature line says or who signed for it.
 
That sucks if your mom is ripping you off. I agree with mariposa: find a good place to stash your wallet. Forgery is not a good thing do have on one's criminal record.
 
Coolio said:
It's not illegal to spend other peoples' money if they give permission to do so.

If the account owner consents to the person cashing the check receiving the money, it doesn't matter what the signature line says or who signed for it.
Click to expand...

Are you sure about that?
 
^ It's not about the lack of a victim, it would be the lack of intent to defraud.
 
If you have the money, you could get a little safe to keep your cash/wallet/credit cards in and just hide the key.
 
Coolio said:
Who would press charges, and without a victim to testify that their name was forged, what evidence is there?
Click to expand...

This applies to the US and likely similarly elsewhere.

Given that fraud is a criminal, not civil matter, it is up to the DA or, more probably, US Attorney to press these criminal charges. It's unlikely that this would happen over a $100 check where the victim did not cooperate but it is possible. The bank would turn the forged check over to the authorities, a sample of the accused's writing and any other evidence would be subpoenaed, and the process would continue as with any other criminal matter.

The person (i.e., the OP) who took unlawful possession of the check (theft = criminal; coversion = civil) AND the "stranger" who cashed the check (conspiracy) could both be held criminally and civilly liable for the value of the property and any damages resulting from the loss of its use.

I'm doubtful this would happen over $80, $100, or whatever relatively amount the OP or anyone else filled in (may want to get your story straight on that, thanks happyginny and your sharp eye :)). I wanted to highlight the principle behind the matter -- that fraud and forgery are serious crimes that are beyond a simple matter of theft. Even if the OP's mother steals money from his account to buy prescription, it still wouldn't constitute any sort of defense.

Who reported the check as "fake" to whom?
 
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