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

[chaz at properproper.com]

No No No !

I don't think anyone here said that cashing someone's check would leave
the bank to take the loss.

However there is NOTHING CRIMINAL, or even wrong, in depositing it to
see if it clears, IMHO.

Yes, you will take the chance of paying a fee if it does not clear, but
there is nothing criminal in that.

Last year, I found a real estate deposit check for $875 from 2004 and
didn't want to "ask permission" so I just deposited it.  Same thing 20
years ago (working too much OT and didn't notice a missing paycheck
until I found it 10 years later !)

I figured if the guy was out of business, closed the account or
whatever, I'd pay a fee, a good bet in my opinion.

It worked, and I'm sure the guy thought it was "found" money if he even
noticed.

And then again, maybe the bank's incompetence caused them never to find
the error, if there was none ?
I won't ask though.

I once cashed a $100 check and the teller gave me 10 $20 bills, but I
didn't notice until I left the window.

She refused to listen (before I expalined it) because I left the window
- not her problem, right ?

I went to the manager and told her, and I got the same thing, until I
explained, and then she was OK with the mistake, or at least taking the
extra $100 back !  We dated for several years, nice girl ...

It could be relevant if you sell your Corvair or try to buy one and
something like thing happens to you !

Charlie





> -------- Original Message --------
> Subject: <VV> Cashing a Scammer's Check ....  Very Bad Idea!
> From: RoboMan91324 at aol.com
> Date: Sun, March 27, 2011 2:40 pm
> To: virtualvairs at corvair.org
> 
> 
> 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
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