I Need Help/Advice. (serious)

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  • broncosfan
    SBR Wise Guy
    • 10-20-09
    • 622

    #1
    I Need Help/Advice. (serious)
    Sorry for coming here to ask for help but the banks are closed and I have no one else to go to.

    I found a few checks from my old job after cleaning and searching the house for money (I'm broke), and thinking I never cashed it, I deposited 2 of them right away via mobile app (BkofAma). The checks did clear and a 3rd is pending. Of course I was skeptical about having checks laying around but I was told if I have deposited the checks before, the bank has a system in place that would prevent any duplicate deposits and I would just get hit with a fee which I took a risk at.

    Now this is where I need help. My friend who still works there contacted me right away that my old boss is livid because he says I have been "stealing" from him. As soon as my friend told me that I knew my ex-boss was probably hit with a negative balance or he noticed something in his accounting/statements. My question is what will happen from here? Am I going to get arrested for fraud? Or will the bank just reverse everything? I'm terrified and broke as it is.

    Thanks again.
  • gauchojake
    BARRELED IN @ SBR!
    • 09-17-10
    • 34116

    #2
    I'm pretty sure that you already know whether or not you've already cashed the checks since you would have had to endorse them.
    Comment
    • Seaweed
      BARRELED IN @ SBR!
      • 01-19-12
      • 26318

      #3
      Take a taxi to the airport. Go to the information desk and say Peter Prefers Pancakes. Bend over to tie your shoe and wait 2 minutes to be handed a white envelope. In this envelope there will be 1 ticket to Santiago, Chile. Get on that plane and enjoy your new life with your new family.
      Comment
      • zam77
        SBR MVP
        • 11-03-10
        • 3586

        #4
        If your bank has a system in place to reject duplicate checks everything will eventually work itself out with your old boss. Bank would probably report you to ChexSystems or something... close your bank account, which would suck. Arrested for fraud... hell no.
        Comment
        • James D
          SBR MVP
          • 01-03-13
          • 2040

          #5
          Do not close account . Do not close account . Do not close account. Very simply you made a mistake and was not sure checks were cashed. What were the dates of the checks guy deposited?
          Comment
          • broncosfan
            SBR Wise Guy
            • 10-20-09
            • 622

            #6
            Originally posted by James D
            Do not close account . Do not close account . Do not close account. Very simply you made a mistake and was not sure checks were cashed. What were the dates of the checks guy deposited?

            The checks were from Dec of 2012 and the other two were from Jan of 2013. So these checks were from a year ago and I did a mobile deposit of them this past month and then I got the news today. I did not close the account or that would probably make it look like I'm trying to take off with the money.
            Comment
            • broncosfan
              SBR Wise Guy
              • 10-20-09
              • 622

              #7
              Originally posted by zam77
              If your bank has a system in place to reject duplicate checks everything will eventually work itself out with your old boss. Bank would probably report you to ChexSystems or something... close your bank account, which would suck. Arrested for fraud... hell no.
              My question is if these systems are in place, how come 2 checks ended up clearing? I wish it had bounced or been declined and hit me with a fee instead.
              Comment
              • gauchojake
                BARRELED IN @ SBR!
                • 09-17-10
                • 34116

                #8
                Originally posted by broncosfan
                My question is if these systems are in place, how come 2 checks ended up clearing? I wish it had bounced or been declined and hit me with a fee instead.
                So basically you're admitting that you tried to roll your ex employer...probably not going to jail without a prior history of passing bad checks but you're a a shitstain nonetheless
                Comment
                • broncosfan
                  SBR Wise Guy
                  • 10-20-09
                  • 622

                  #9
                  Originally posted by gauchojake
                  So basically you're admitting that you tried to roll your ex employer...probably not going to jail without a prior history of passing bad checks but you're a a shitstain nonetheless
                  Did you read the post? Yeah it looks bad but its an honest mistake. Thanks anyway.
                  Comment
                  • Da Manster!
                    SBR Posting Legend
                    • 07-13-07
                    • 17720

                    #10
                    what I don't understand is how the checks were missing for so long or better yet why didn't you cash them or deposit them in the first place?!!......and why didn't your boss say anything to you personally about not cashing them last year when they were originally issued as this would have effected his payroll account?!...
                    Comment
                    • mpaschal34
                      SBR Posting Legend
                      • 02-04-13
                      • 12087

                      #11
                      are you on drugs? how does a person that is broke not know if he has cashed checks in the past or not? when i was tight for money back in the day, i knew the status of everything i had. and i certainly wouldn't leave checks laying around.
                      Comment
                      • broncosfan
                        SBR Wise Guy
                        • 10-20-09
                        • 622

                        #12
                        Originally posted by Da Manster!
                        what I don't understand is how the checks were missing for so long or better yet why didn't you cash them or deposit them in the first place?!!......and why didn't your boss say anything to you personally about not cashing them last year when they were originally issued as this would have effected his payroll account?!...

                        I can't answer any of that but I found these checks in a pocket of an old jacket and thinking there's a chance these checks were never deposited I went ahead and started to deposit them. I knew if they were deposited before, the bank would simply deny it and that would be the end of it. But since it went through, I knew it was never actually cashed... Or so I thought until today. I'm scared but at the same time I'm not because it was an honest mistake. I was just hoping someone could tell me what I need to do to. I know I have to call the bank tomorrow, and call my ex-employer again (he didn't pick up when I called at 9:40 at night), but do I need to contact anyone else in advance?
                        Comment
                        • broncosfan
                          SBR Wise Guy
                          • 10-20-09
                          • 622

                          #13
                          Originally posted by mpaschal34
                          are you on drugs? how does a person that is broke not know if he has cashed checks in the past or not? when i was tight for money back in the day, i knew the status of everything i had. and i certainly wouldn't leave checks laying around.
                          This was a year ago. I wasn't tight on money then. Why do you think I'm scrapping for some now?
                          Comment
                          • Da Manster!
                            SBR Posting Legend
                            • 07-13-07
                            • 17720

                            #14
                            Originally posted by broncosfan
                            I can't answer any of that but I found these checks in a pocket of an old jacket and thinking there's a chance these checks were never deposited I went ahead and started to deposit them. I knew if they were deposited before, the bank would simply deny it and that would be the end of it. But since it went through, I knew it was never actually cashed... Or so I thought until today. I'm scared but at the same time I'm not because it was an honest mistake. I was just hoping someone could tell me what I need to do to. I know I have to call the bank tomorrow, and call my ex-employer again (he didn't pick up when I called at 9:40 at night), but do I need to contact anyone else in advance?
                            Call both your former boss and the bank and explain the situation to them and what happened...regardless if you are an idiot for not cashing them when they were first issued to you is besides the point...the bank will more than likely reverse the charges and your account will be in the red with overdraft fees...however, if this is money that you really earned and had coming to you, I don't see why your former boss would have any problem making good on it since it was never debited from his payroll account in the first place...however, if he's filed for bankruptcy or is currently unemployed with no funds at his disposal, then your fukked and it's up to you pay the bank back...
                            Comment
                            • gauchojake
                              BARRELED IN @ SBR!
                              • 09-17-10
                              • 34116

                              #15
                              Originally posted by broncosfan
                              Did you read the post? Yeah it looks bad but its an honest mistake. Thanks anyway.
                              Did you read the part about endorsing the checks? When you found the checks did they have your signature on the back? You conveniently replied to every other post in the thread.
                              Comment
                              • ChalkyDog
                                SBR Hall of Famer
                                • 10-02-11
                                • 9598

                                #16
                                I've actually not cashed checks before myself. Just completely forgot.

                                Didn't even attempt deposting them when I came across them again.

                                Call both people up and tell them what happened. You earned that money and a check is a negotiable instrument.
                                Comment
                                • broncosfan
                                  SBR Wise Guy
                                  • 10-20-09
                                  • 622

                                  #17
                                  Originally posted by gauchojake
                                  Did you read the part about endorsing the checks? When you found the checks did they have your signature on the back? You conveniently replied to every other post in the thread.
                                  I didn't reply because it was already answered in the first post. Yes, they were endorsed but apparently it would have been smarter to have dated the endorsement and not only a signature. I did this right away when they handed me my pay checks. But like I've said, I wasn't sure and I checked by simply depositing it knowing if I have deposited it in the past, it would be immediately denied. Or so I thought it would.
                                  Comment
                                  • James D
                                    SBR MVP
                                    • 01-03-13
                                    • 2040

                                    #18
                                    The checks are a year old, you can argue that you forgot you cashed them. If they ask you " you sometimes forget to cash your checks?? " what can they say if your answer is " last November /december I had a tremendous run gambling and was absolutely flush with cash. When i found the checks i assumed i never cashed them because i had tons of money at the time. Then when I found them I tried to deposit them.

                                    The checks are a year old, making a mistake like this is not a crime. I am telling you a story like the one I posted is your best option. It does not matter if they believe you, it matters if they can prove you are lying.
                                    Comment
                                    • boeing power
                                      SBR Hall of Famer
                                      • 03-23-10
                                      • 9698

                                      #19
                                      Originally posted by James D
                                      The checks are a year old, you can argue that you forgot you cashed them. If they ask you " you sometimes forget to cash your checks?? " what can they say if your answer is " last November /december I had a tremendous run gambling and was absolutely flush with cash. When i found the checks i assumed i never cashed them because i had tons of money at the time. Then when I found them I tried to deposit them.

                                      The checks are a year old, making a mistake like this is not a crime. I am telling you a story like the one I posted is your best option. It does not matter if they believe you, it matters if they can prove you are lying.
                                      Great idea to tell the bank you're a degenerate gambler.

                                      If that don't work tell them you're a drug dealer waiting on a shipment.


                                      Bottom line: this guy will only get a slap on the wrist for his first fraud charge, 6-9 months behind bars is my guess.
                                      Comment
                                      • James D
                                        SBR MVP
                                        • 01-03-13
                                        • 2040

                                        #20
                                        Originally posted by boeing power
                                        Great idea to tell the bank you're a degenerate gambler.

                                        If that don't work tell them you're a drug dealer waiting on a shipment.


                                        Bottom line: this guy will only get a slap on the wrist for his first fraud charge, 6-9 months behind bars is my guess.

                                        I did not realize all gamblers were degenerate gamblers. You also equate gamblers with drug dealers, very sound thinking.
                                        Bottom line is he won't get in trouble at all if he admits no wrong doing and pays the money back. Also saying he would get 6-9 months behind bars shows how little you know about the law. Zero chance he gets more then 30 days even if he is STUPID enough to admit wrongdoing .
                                        Comment
                                        • boeing power
                                          SBR Hall of Famer
                                          • 03-23-10
                                          • 9698

                                          #21
                                          Originally posted by James D
                                          I did not realize all gamblers were degenerate gamblers. You also equate gamblers with drug dealers, very sound thinking.
                                          Bottom line is he won't get in trouble at all if he admits no wrong doing and pays the money back. Also saying he would get 6-9 months behind bars shows how little you know about the law. Zero chance he gets more then 30 days even if he is STUPID enough to admit wrongdoing .
                                          I don't equate any of those things but you can bet the average banker or law enforcement does.
                                          Comment
                                          • broncosfan
                                            SBR Wise Guy
                                            • 10-20-09
                                            • 622

                                            #22
                                            Originally posted by James D
                                            I did not realize all gamblers were degenerate gamblers. You also equate gamblers with drug dealers, very sound thinking.
                                            Bottom line is he won't get in trouble at all if he admits no wrong doing and pays the money back. Also saying he would get 6-9 months behind bars shows how little you know about the law. Zero chance he gets more then 30 days even if he is STUPID enough to admit wrongdoing .

                                            Thank you. This makes me feel a lot better. Thanks to everyone who left feedback whether positive or negative. I'm at terrible place in life so thanks for contributing to this thread at least. Also I barely gamble.
                                            Comment
                                            • James D
                                              SBR MVP
                                              • 01-03-13
                                              • 2040

                                              #23
                                              Originally posted by boeing power
                                              I don't equate any of those things but you can bet the average banker or law enforcement does.
                                              Boeing the average banker or law enforcement guy gambles, he doesn't push drugs. The OP needs to chalk this up to a mistake and make as much restitution as he can immediately and pay the rest as soon as he can. No district attorney wants to take a case where he has to prove the defendants intent in a case like this, especially if the defendant is paying back the money. Imagine you are on the jury, He says its a mistake, the DA says it was intentional, and they both agree he paid the money back. Are you convicting the guy ?
                                              Comment
                                              • BennyBigNuts
                                                SBR Hall of Famer
                                                • 04-16-12
                                                • 8700

                                                #24
                                                How much were the checks for?
                                                Comment
                                                • mpaschal34
                                                  SBR Posting Legend
                                                  • 02-04-13
                                                  • 12087

                                                  #25
                                                  Bottom line: this guy will only get a slap on the wrist for his first fraud charge, 6-9 months behind bars is my guess.


                                                  Hire a good lawyer and there will be no jail/conviction. Oh wait, that takes money.
                                                  Comment
                                                  • rkelly110
                                                    BARRELED IN @ SBR!
                                                    • 10-05-09
                                                    • 39691

                                                    #26
                                                    Usually, checks are only good for 30 days. That would be up to your old boss to honor them.

                                                    Sounds like a few in here don't know about checks. It doesn't matter if they were endorsed. If you go to the bank
                                                    or where ever to cash it, they give you the money and THEY keep the check. Don't know about doing it
                                                    from the phone.
                                                    Comment
                                                    • zizoudane10
                                                      SBR Hall of Famer
                                                      • 03-27-12
                                                      • 7272

                                                      #27
                                                      Originally posted by Seaweed
                                                      Take a taxi to the airport. Go to the information desk and say Peter Prefers Pancakes. Bend over to tie your shoe and wait 2 minutes to be handed a white envelope. In this envelope there will be 1 ticket to Santiago, Chile. Get on that plane and enjoy your new life with your new family.


                                                      I'm always amazed that you guys in the US are still using checks so much. In Germany (generally in Europe), they are basically 100% dead.
                                                      Comment
                                                      • The Kraken
                                                        BARRELED IN @ SBR!
                                                        • 12-25-11
                                                        • 28918

                                                        #28
                                                        You knew what you were doing and just hoping it went unnoticed. Then you were hoping someone here would have an answer to help you out.
                                                        Comment
                                                        • Smoke
                                                          SBR Aristocracy
                                                          • 10-09-09
                                                          • 48111

                                                          #29
                                                          Comment
                                                          • innovation
                                                            SBR Hall of Famer
                                                            • 01-27-12
                                                            • 6218

                                                            #30
                                                            checks usually good for 180 days....unless you altered the date.....the bank would consider them stale dated.

                                                            I would practice putting soap on a rope......I think you'll find it handy.
                                                            Comment
                                                            • The Kraken
                                                              BARRELED IN @ SBR!
                                                              • 12-25-11
                                                              • 28918

                                                              #31
                                                              OP in county

                                                              Inno, hopefully he took your advice. Soap is hope, bronco
                                                              Comment
                                                              • Big Bear
                                                                SBR Aristocracy
                                                                • 11-01-11
                                                                • 43253

                                                                #32
                                                                Originally posted by mpaschal34
                                                                are you on drugs? how does a person that is broke not know if he has cashed checks in the past or not? when i was tight for money back in the day, i knew the status of everything i had. and i certainly wouldn't leave checks laying around.
                                                                exactly!

                                                                why the fukk wouldnt u have cashed those checks already? whats the point of working if you dont even cash your paychecks????

                                                                Listen up pal. We all know you are lying to us. You ask us for advice... pretend we are your attorneys and dont lie to us. We can't help you if you are hiding facts from us.
                                                                Comment
                                                                • Jikos
                                                                  SBR MVP
                                                                  • 04-28-13
                                                                  • 1663

                                                                  #33
                                                                  Sounds like you're good. Why would your boss have funds subtracted unless the checks went through?
                                                                  Comment
                                                                  • Tchocky
                                                                    SBR MVP
                                                                    • 02-14-06
                                                                    • 2371

                                                                    #34
                                                                    I wouldn't worry too much. Just don't admit to anything.
                                                                    Comment
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