What is the statute of limitations for bank fraud?

UPDATED: Feb 17, 2011

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What is the statute of limitations for bank fraud?

A roommate stole my debit card and deposited some old checks with my information on them. I filed a police report soon thereafter. The roommate and I had come to some sort of civil agreement amongst friends so that they could begin paying back some of the debt. Needless to say they did not hold up their of the bargain. So here I am a year and a few months later and I would like to pursue this matter. Is that still a possibility? And if so what do I do, will the police even have a copy of the police report?  Basically, what actions should I take or what recorse do I have?

Asked on February 17, 2011 under Criminal Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What you have is a financial theft and fraud case as well as an indentity theft case.  The fact that you reported it is good; the fact that you did not follow through is not so good.  If you had made the deal as part of their restitution in the criminal case you would be in better shape.  I think that you should seek help from an attorney i your area on the matter as soon as you can.  There is also a possibility that you could have gone against the bank for paying out on the check.  Most states have a statute of limitations or time limit by which you must file a claim against a bank for processing forged checks. Typically the time limitation for filing a suit runs from the date on which the depositor makes a demand of the bank for reimbursement for the amount of the forged checks. From this time the depositor has one or two years to file his suit depending on the state. Good luck.

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