Is my friend in trouble w/ a check scheme?

Question

This guy got my friend to give him her bank account information.

He deposited a fake 4,000 check in the ATM and had her go in and withdraw it. Long story short her account is in the negative -5,000.

She thinks the situation is just going to go away but I try to tell her different. Does anyone know what could happen to her legally? So I can try to get it through to her. She thinks because it's been a month, she's in the clear...

Answer 1

She needs to be proactive and go to the bank, but I would suggest she hire an attorney and have them do the talking. Banks will sometimes assume the customer was in on the fraud. Doing nothing will most certainly make her troubles worse. She should not just ignore it.

Answer 2

no way is she in the clear, with that kind of money she could easily be charged with check fraud as a felony.  She needs to contact the authorities and explain her side of the story.  If she was aware of the fraud she is facing serious consequences.  This WILL NOT go away.  The bank will not forget about this and unless she does something to rectify it she may end up in prison.

Answer 3

yes she is because when you deposit a check for such a huge amount, the bank usually tells you that it will be on hold for a couple of days or even a week to get it to clear, then you can start withdrawing.  however, if you go straight to the ATM and withdraw before the check clears, it just looks bad on your bank record.  and if the bank then finds out that it was a hot check, then yes, your friend will be in trouble.  you're dealing with fraud here.  she needs to get everything straightened out.  why would she even give out her bank account number?!  

Answer 4

lol... tell her she's in biiiiiiiig trouble. lol. the FBI's probably keeping track of her as we speak. they're probably trying to find out if she's gonna do any more idiotic tricks. no bank's that dumb to let her *** go. she has to let the authorities know before she gets behind bars for bank fraud - at least the judge is going to give her credit on being honest.

Answer 5

Your friend wasn't very bright to agree to such a scam or being conned into it.  

Yes, she will be held responsible for the negative balance.  The bank will eventually close her account and put her on ChexSystem.  She won't be able to get another bank account.  Then they will go after her for the money.  Technically, she could be charged with criminal charges as well.