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Check fraud

My friend just broke up with her boyfriend and she was worried about what she was going to do and where she was going to live. She gave me one of her boyfriends checks and told me to write it out and cash it so she could have some money. She also said she was going to tell him. Now she is putting it all on me. What can I do?

Asked on May 27, 2009 under Criminal Law, North Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I think you're in serious trouble here, and just how serious will depend on how much money was involved.  You need a criminal defense lawyer, and I hope you find a good one.  If you need help looking for counsel, one place to go is our website, http://attorneypages.com

Using someone else's check like this is theft, and probably forgery.  These can very easily land you in jail.

As the old saying goes, with "friends" like this, who needs enemies?  But she might not be able to walk away from this.  It sounds to me like she is equally guilty here (at least!), and even if she did not write the check or cash it, if she took the check, gave it to you and asked you to cash it and give her the money, if I could prove that in court (as a prosecutor), there would be a criminal conspiracy, and it wouldn't matter what part of the scheme she did or didn't do.

Who got the money, and whose idea all of this was, will probably not get you off, but it might make a huge difference in your sentence.  You need a lawyer, a good, tough one, now.


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