freewheelin wrote:
That is one of the things the DA asked about. I was willing to do that, after talking to the bank the DA said that they wanted it all at once with interest, which I can not do, I don't have that kind of money. After they continued my trial, my attorney told me that the DA said he would prefer to see a civil compromise. I am currently working on getting a federal case filed, on the grounds that the bank did not use "due care" in handling this matter. The DA might be happy with that as grounds to dismiss. He is not very happy with the way the bank has proceeded thus far.
I do not think you will be able to file a "due care" case, the standard deposit agreement you signed when you opened the account directs all responsibility or "due care" on you, the depositor, you are reponsible for what goes into the account. The bank is considered a facillitator, basically this means had you not deposited the counterfeits, your account would not be overdrawn. The bank was simply following your wishes when it tried to retrieve the funds from the money orders for you. The are Federal guidelines about funds availabilty that the bank must follow, that is why you were given provisonal access to the money. When the money orders were returned the bank has the right, by the deposit agreement, to ask for the money it gave you access to.
The reason the bank wants all the money at once is because if they accept any partial payment they will not be able to pursue the criminal case. After it becomes civil, and I think it will since you can prove you wired the money away, you can prove that right, they will work out a payment plan.
What bank you dealing with?