Fraud, Embezzlement, Bad Checks Check Fraud?

[jthm]

Sorry, Im not sure where to post this. I am wondering what legal stature cashing a 2nd party check which has been made out to a fake name and has been endorsed by that fake name falls under. The funds are there, and the check itself is legitimate. Who would be held criminally responsible, if anyone at all?

 

[Michael Wechsler]

Originally posted by jthm
Sorry, Im not sure where to post this. I am wondering what legal stature cashing a 2nd party check which has been made out to a fake name and has been endorsed by that fake name falls under. The funds are there, and the check itself is legitimate. Who would be held criminally responsible, if anyone at all?

I'm not sure I understand. Someone wrote a name on a signed check (someone was handed a blank check?) and then that person who is supposed to receive the funds endorsed it to a third party. I would think that both the endorser and the third party can get into hot water if they knew about the scam, the endorser likely getting the more severe punishment. I'm not sure why anyone would want to do this since the drafter of the check will know something is up immediately or soon thereafter. It's just a matter of time, one would think.

 

[jthm]

No, this person has gotten a refund check from a company which provided services for them. The check is made out to someone who does not exist (a fake name). They endorsed it as so, and signed it over to a thrid party to cash.