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Legal Trouble Because of Fraudulent Check
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Author:  mvstill [ Tue Sep 06, 2005 2:28 pm ]
Post subject:  Legal Trouble Because of Fraudulent Check

After reading so many posts on here, it is a relief that I am not the only person out there who has been scammed.

In June, I ended up in some horrible trouble all because I was trying to do someone a favor. Earlier that spring, I had made a friend on Yahoo Messenger. He said he was living in England and that he sold specialty and hard to find car parts. After talking to him for a few months, he seemed like a pretty normal guy so when he asked me to do him a favor, I said yes.

He wanted one of his clients to send me a cashier's check for $5800, I would cash it, keep 10% and wire the balance to another client of his in Atlanta, Georgia. I should have known better but it seemed so logical at the time. Since I didn't have $5800 in my bank account, when the check arrived via FedEx I went to a check cashing place not too far from where I live and tried to cash the check. Well, when they tried to verify funds on the check, it was determined to be a fake and the next thing I know, I am being arrested.

I am hoping that my case will get thrown out in the preliminary stages since I didn't actually get any money out of it and that clearly I am the victim in this situation.

Has anyone else out there ever had legal trouble because of a fraudulent cashier's check?

Author:  KarynSolo [ Wed Sep 07, 2005 12:02 am ]
Post subject: 

Yes I have and you need to contact me immediately about this situation, you will need help with this one, it took me 2 terrifying years to get past legal hell from my situation but I know ways to wear them down.

Author:  arromani [ Wed Sep 07, 2005 2:43 am ]
Post subject:  Legal Trouble Because of Fraudulent Check

I had a very similiar experience today and I was arrested and charged with Forery 1 and Possession of Forged Instrument I... !!! I didn't forge anything, as I had not signed to back yet and I didn't know (at the time...) that the check was a fake!

Has you case happened yet and if so, how did it go?

Author:  anniemcguire [ Sat Sep 10, 2005 3:46 pm ]
Post subject:  If you have been arrested or are facing arrest ...

Karyn Solo, Senior Fraud Aid Volunteer, has a great deal of experience when it comes to arrest or possibility of arrest for attempting to negotiate (endorse then deposit or cash) a counterfeit check received in a Nigerian or Romanian-style scam.

Here are some basic rules:

1. Never, not under ANY circumstances, submit to an interview (pre Miranda) or an interrogation (post Miranda) without the presence of an attorney. The police are not your friends if you are a suspect. It's not their job. Their job is to elicit an admission of guilt. Period. I don't care if one of the officers is your best friend or if you are a law enforcement officer yourself.

DO NOT EVER, EVER WAIVE YOUR MIRANDA RIGHTS. They are your entire life right at the moment. They are your entire future right at that moment.

It doesn't matter how innocent you are, your words can be twisted to fit the circumstances and be used against you in a court of law. If the real criminal, instead of you, were being interrogated or interviewed, you'd want the police to pull out all the stops. You don't know the ropes, nor do you understand interviewing techniques. Invoke your Miranda Rights. Give only your name and address until an attorney is present.

If you are being interviewed, and have not been Mirandized, you have the right to walk out at any time. No officer should be between you and the door of the interview room. The door to the interview room should not be locked by an officer or anyone working at the police station or sheriff's office. You should not be given the impression that you are under arrest, and you are not under arrest unless and until you have been read your Miranda Rights. Please read the correct version here:
http://www.fraudaid.com/How-To-Deal-With-Having-Been-Conned/miranda_rights.htm

2. Please contact Fraud Aid immediately. Fraud Aid is a FREE Fraud Victim Advocacy with a lot of experience in assisting fraud victims accused of crimes and has the resources required to assist your attorney in pleading your case. http://www.fraudaid.com/contact_fraudaid.htm

3. Get yourself a criminal attorney. Not just any attorney, a criminal attorney. If you have been arrested and cannot afford an attorney, one will be appointed to you. That's your Miranda Right. The attorney is titled a Public Defender Attorney or PDA. Invoke your right to an attorney (PDA) IMMEDIATELY after you have been read your rights. Keep your mouth shut until your attorney is present and you have conferred with him or her.

4. Each case is different. Do not look at other cases and decide that you are "alright" based on some story you've read somewhere or heard from a friend.

5. Do not listen to advice from friends if that advice does not include working with your attorney. It is highly unlikely that your friends are familiar with paper trails and Items of Proof. It is highly unlikely that your friends are familiar with interpreting the law, which is something that changes from case to case and court to court.

Author:  KarynSolo [ Sat Sep 10, 2005 5:08 pm ]
Post subject: 

Shawn,

Can we please make Annie's post a sticky? this is Very Valuable information and pertains to many different victims circumstances.

thanks

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