Can I be arrested for cashing a fake check that I did not know was fake?

I sent a bunch of the money to an orphanage, at least that’s what I was told it was for. It was regarding an assistant’s job tht I found on craigslist. What are the consequences for doing so? The check was for $3450; I kept $400 and sent $2800 via moneygram.

Asked on February 15, 2013 under Criminal Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you have proof of what you have stated (a copy of the ad, etc), then you should face no criminal penalties. However, you still face civil liability. Namely, you are responsible for making good on the phoney check (I assume that this is the case; you gave no details). In other words, assuming that you deposited the $3450 but it subsequently bounced in your account, you will need to make up this amount (or whatever the actual shortfall in your account is). Unfortunately, this is what happens when you fall victim to this type of a scam.

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