How doI getsomeone charged withfraud?

UPDATED: Aug 7, 2010

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How doI getsomeone charged withfraud?

My nephew knowingly gave my dad, age 88, his payroll check for a $200 loan. He told my dad to sign it and take to his bank to cash it.  He then instructed my dad to take the $200 back out of the money. Mynephew was called by the issuer of the payroll check and told his check was in the mail but they had put a stop payment on it due to his stealing tools and getting money on a company credit card when he was fired. Later they issued him another check for a lesser amount.

Asked on August 7, 2010 under Criminal Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you believe that the nephew defrauded you bank and that he may deserve criminal punishment, you should contact the police and describe what happened, providing any and all supporting evidence. They may not agree that it was a crime--they may, for example, think that it was a mistake or misunderstanding, which can lead to civil liability, not criminal (see below)--but when you want to press charges against someone, contacting the police is always the first step.

If your father feels defrauded by whatever amount he did not receive and the nephew will not make good that amount, your father could sue your nephew in small claims court (there is a  small fee, so your father would need to make sure its worth it) for the amount  owed.

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 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.

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