Fraud, Embezzlement, Bad Checks Frozen Bank Account

[ShadowHawk412]

Jurisdiction

Pennsylvania

My bank account is frozen due to what they call "criminal activity" yet they have not told me any details beyond that. I have done nothing wrong and no charges have been filed against me. The account was frozen back in 2012. I plan to write a personal check and have it cashed at one of those "check cashing" places where they cash personal checks for a huge fee. I plan to make sure the ammount written is below the balance even considering the fees for check cashing services.

My question is since the funds in the frozen account are in fact my own. If the check cashing thing works and the cash is given to me, can I be charged with a crime and if so what exactly could the charge be? It's not like I'm trying to steal from someone I'm just being creative at accessing my money.

 

[army judge]

My bank account is frozen due to what they call "criminal activity" yet they have not told me any details beyond that. I have done nothing wrong and no charges have been filed against me. The account was frozen back in 2012. I plan to write a personal check and have it cashed at one of those "check cashing" places where they cash personal checks for a huge fee. I plan to make sure the ammount written is below the balance even considering the fees for check cashing services.

My question is since the funds in the frozen account are in fact my own. If the check cashing thing works and the cash is given to me, can I be charged with a crime and if so what exactly could the charge be? It's not like I'm trying to steal from someone I'm just being creative at accessing my money.

If you proceed as you revealed, the check will bounce.
Your action constitutes legally writing a check on a closed account.
If the check you're writing exceeds a certain threshold, it's a felony.

Alas, you'll probably be thwarted by the check cashing agency's safeguards and loss prevention controls.

I think those check cashing places can access the account, much like a merchant accesses a credit card account, to ascertain if you have sufficient funds in the account to cover the check you're trying to write.

Bottom line, I don't think you'll be able to get one dollar from your little scheme.

For you, criminally at least, consider that a blessing.

With all that you're fighting, you don't want any additional criminal charges brought against you.

By the way, you can bet your last donut the DA or prosecutor (and law enforcement) are watching and monitoring your every move.

I suggest you don't break (or even appear to break) any of their laws.

They'll do anything to make things worse for you, don't help them destroy you, mate!!!!

 

[ShadowHawk412]

Already cashed it a few minutes ago. For some reason it worked. I wrote then heck out to a friend and she cashed it. Money is in hand. The account isn't closed its just frozen and like I said its my money so there's non mens rea element. There has to be criminal intent and I have none. My intent is merely to get access to my money. It belongs to me not the bank.

If you proceed as you revealed, the check will bounce.
Your action constitutes legally writing a check on a closed account.
If the check you're writing exceeds a certain threshold, it's a felony.

Alas, you'll probably be thwarted by the check cashing agency's safeguards and loss prevention controls.

I think those check cashing places can access the account, much like a merchant accesses a credit card account, to ascertain if you have sufficient funds in the account to cover the check you're trying to write.

Bottom line, I don't think you'll be able to get one dollar from your little scheme.

For you, criminally at least, consider that a blessing.

With all that you're fighting, you don't want any additional criminal charges brought against you.

By the way, you can bet your last donut the DA or prosecutor (and law enforcement) are watching and monitoring your every move.

I suggest you don't break (or even appear to break) any of their laws.

They'll do anything to make things worse for you, don't help them destroy you, mate!!!!

 

[army judge]

Already cashed it a few minutes ago. For some reason it worked. I wrote then heck out to a friend and she cashed it. Money is in hand. The account isn't closed its just frozen and like I said its my money so there's non mens rea element. There has to be criminal intent and I have none. My intent is merely to get access to my money. It belongs to me not the bank.

If that's your story, stick to it.

You didn't take a dime of my money, so whatever you get from a bank or check cashing establishment is of no concern to me.

You've also placed your "friend" in a very precarious position.

When the police come calling, and trust me they will come calling, I suggest you say this, "I am invoking my rights. I want a lawyer, and wish to remain silent."

From that point forward, unlike what you did here, it's in your best interests to STFU.

Contrary to your flawed thought process, those frozen funds might still be yours, but you have no right to access them while they're frozen under court order.

Nevertheless, as a criminal defense attorney of great repute and renown, I enjoy it when any criminal defendant walks.

Repulsing the great might, power, authority, and majesty that is the "state" is never a small feat.

I hope you wiggle out of the legal tentacles that currently surround you, mate.

 

[ShadowHawk412]

Like I said, no criminal intent. It's gonna be harder for the courts to build a case

 

[ShadowHawk412]

They usually need some sort of criminal element to build a case right? Since it's not my intent to break the law or steal then they might have trouble convicting

If that's your story, stick to it.

You didn't take a dime of my money, so whatever you get from a bank or check cashing establishment is of no concern to me.

You've also placed your "friend" in a very precarious position.

When the police come calling, and trust me they will come calling, I suggest you say this, "I am invoking my rights. I want a lawyer, and wish to remain silent."

From that point forward, unlike what you did here, it's in your best interests to STFU.

Contrary to your flawed thought process, those frozen funds might still be yours, but you have no right to access them while they're frozen under court order.

Nevertheless, as a criminal defense attorney of great repute and renown, I enjoy it when any criminal defendant walks.

Repulsing the great might, power, authority, and majesty that is the "state" is never a small feat.

I hope you wiggle out of the legal tentacles that currently surround you, mate.

 

[army judge]

These various sites might be useful and informative reading:
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How Banks Track Suspicious Activity | freecreditreport.com®
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Bank Account frozen due to suspicious activity - Swiss Banking
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How long can a bank legally freeze your account for suspicious activity?
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http://www.nytimes.com/2014/10/26/us/law-lets-irs-seize-accounts-on-suspicion-no-crime-required.html
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Frozen Bank Accounts | Nolo.com
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How Do You Get a Bank Account Unfrozen | Credit Fixation
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Government Enforcement Exposed | The Government Has Frozen My Bank Accounts, What Do I Do Now?
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For criminal defendants and their attorneys, the important lesson from Kaley is that it is critical to challenge both an asset seizure and the underlying criminal investigation as early as possible, and preferably before an indictment is ever returned. Even when a grand jury makes a probable cause finding, criminal defendants still have the right to challenge the scope of any asset seizure. The Government has finally conceded that where the seizure is done indiscriminately without any effort to trace the seized assets to the alleged criminal conduct, a post-deprivation hearing is not only appropriate, it is constitutionally required.
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Bank Fraud Investigation
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[army judge]

More reading:
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How To Legally Unfreeze A Frozen Bank Account -
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How to Unfreeze a Checking Account | The Classroom | Synonym
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Fifth Third Bank customers miffed by security procedures
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THIS ONE MIGHT BE CLOSE TO HOME, OP:
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BBB Alert: Frozen Bank Account Scam
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[txls]

The check will bounce back to the check cashing business. So you did not access YOUR money. You have now fraudulently taken THEIR money.