<VV> Cashing a Scammer's Check .... Very Bad Idea!

[RoboMan91324 at aol.com]

All,
 
There has been an opinion or two expressed that cashing a  scammer's bad 
check will leave the bank responsible for trying to collect from  the scammer, 
not you.  This is absolutely not true.  I hope that this  completely 
incorrect opinion does not lead someone on this list to be tempted to  pursue a 
deal with a scammer on the utterly false assumption that they will be  able to 
get the money from the fake check and keep it without  repercussions.  You 
WILL be held responsible for the money and related bad  check fees.  You 
will retain your Corvair (or whatever item the scammer is  using to perpetrate 
his fraud) but you will need to repay the bank or face civil  and possibly 
criminal action.  If you cash the check and close the account,  this could 
easily be used as evidence of fraud on your part.  At the least,  it will be 
evidence that you probably knew the check was bad. but that is still  fraud.
 
Here is a plausible scenario;  You get the cashier's  check from the 
scumbag and get the money from the bank.  When they come to  you for repayment, 
you tell them to stuff it.  In this process, you have  already closed the 
account or they would just automatically pull the funds from  your account.  
They will file criminal charges against you on the  assumption that you are the 
originator of the bad check.  If and when you  are arrested, you will tell 
them that it was some scammer in Nigeria who is  responsible.  You 
absolutely owe them the money but now you must defend  yourself against criminal 
charges.  Of course, the burden of proof is  on you.  By the way, how much will 
a defense attorney cost you?  The  first thing the authorities will ask is 
for you to show them the paper trail  including proof that you went through 
with the deal.  Again, you are  still responsible to return the money but you 
are just trying to get the  criminal charges dropped.  Can you show the 
transfer of title for the  Corvair?  No.  Can you show that you transferred the 
funds to the  scammer?  No, unless you were dumb enough to send the scammer 
the money  differential he requested.  All documentation will show that you 
retained  ownership of the car as well as retained the money.  Now you will 
need to  admit that you either stole the money from some unfortunate marine 
or that you  stole the bank's money.  Your choice of either criminal  
action.
 
The idea that you could pass off a bad check and the bank will  not have 
the legal right to go after you makes no sense.  The most you  can hope for is 
that the bank chose not to pursue you because the amount was too  small.  
Even with small amounts, they may not bring criminal charges but  they would 
probably turn the debt over to a collection agency.  This is not  a pleasant 
outcome either.
 
Just don't do it.
 
Doc