Fraud, Embezzlement, Bad Checks Do you think they can prive fraud?

[blkwidow916]

Okay so let's just say I have a friend who did the following what are the chances that he would be prosecuted criminally? And what are his rights?

My friend is in the mortgage business and just recently did something dumb, but here we go..... He had a client that he took on and he told them that he could get them a loan if they put $7,500.00 up front. Now the client is pissed because he was not able to find them a loan. Now keep in mind that my friend never gave the client any paperwork stating that he promised anything in fact the check that was written out to him had a misspelling on the name and the place that he took it to get cashed gave him the money anyways. Is this something that a prosecutor or DA would look at or throw away because it's hard to prove?

 

[CdwJava]

What's so hard about it? It sounds like larceny to me. If the investigation can establish the elements of the offense per the statutes in your un-named state, then the DA will prosecute.

Yes, the clients were stupid to give up money without paperwork. But, that doesn't mean he (you?) had a right to convert the money to his (your) use.

Consult local counsel presently.

- Carl