Who isliable for cashing a stolen check?

UPDATED: Jun 1, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 1, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who isliable for cashing a stolen check?

A government issued child support check is stolen from the payee. The person who stole the check does not sign or cash the check but gives it to someone else to do so. The other person signs and cashes the check and gives the money to the person who originally stole the check. Who is legally responsible for the cashing of this check? Can the person who stole the check be prosecuted for anything?

Asked on June 1, 2011 under Criminal Law, Florida


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

Answered 11 years ago | Contributor

Did the person cashing the check know that it was stolen? If so, they bear criminal responsibility.  They are guilty of check fraud, larceny, forgery and ID theft to name a few offenses.  If they were somehow innocently duped into cashing the check, and could convince the authorities of this, then the prosecutor would in all likelihood decline to press charges.  But the person who stole the check would still face severe legal repercussions.

Note:  The entity that cashed the check would also bare responsibility at least civilly (if not criminally, depending on whether or not they willing took part in the fraud).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption