Can I be charge for fraud if a check is deposited in my account with my name on it?

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Can I be charge for fraud if a check is deposited in my account with my name on it?

I knew the person who did the deposit but I did not authorize him so. I spoke to detectives and no charge has been file against me. However, the money is still being put back into my account because the bank claims there is nothing illegal with the check but I know it is because it has my name on it and a fake signature. This is the third time the bank put the check back into my account. I email the detectives and told them the situation. Can I still be charge for anything?

Asked on June 18, 2012 under Criminal Law, Florida

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

This would be considered "bank error" if the bank continues to deposit this check into your account. This only becomes criminal if you are depositing or presenting these checks into your account knowing that the check itself is fraudulent in some way, or if you are having someone do this for you or on your behalf with knowledge of the fraudulent nature of the check.


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