If someone uses your name to comment fraud can you be charged?

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If someone uses your name to comment fraud can you be charged?

A friend scammed someone out of $2100 using my name and bank account. The victim filed a police report and the police believe it was me and won’t listen to my pleas that I didnt commit the fraud. They are charging me with theft by deception. This victim went into the bank and made a deposit into my account with cash. There was no check or money transfer just a cash deposit.

Asked on March 26, 2019 under Criminal Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are facing criminal charges, it is a criminal matter, by definition.
You can be charged if the evidence (e.g. the use of the name and bank account) is that you committed or participated in the crime. Remember: you may know that you were not invovled, but the authorities only know what the evidence shows. You need to see if there is any evidence that someone else did this. A problem you have is, why would the scam artist/criminal have the money deposited in your account if you are not involved? How would the criminal get the money from your account? Why would he not have it sent directly to himself? Etc. Given the use of your account, it may be difficult to convince the authorities that you were not involved.


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