Legal Question in Criminal Law in California

I received 2 separate checks sent Fed - Express and was able to cash one and open a checking account at Wells -Fargo. I went to cash the other check at a Chase bank and was told it was a fraudelent check. Now my account at Wells-Fargo is frozen, and they keep calling me and say they want to talk with me. I have not gone in to talk to them for fear that they will think I made these checks and have me arrested. I have no knowledge of where these checks came from. When I received them I was elated thinking luck was finally on my side, and didn't care who or where they came from, and proceeded to cash them. Now I beleive I am in a world of trouble of which I had nothing or any participation in the making of these checks, only that I was foolish enough not to care where they came from and tried ( and succeeded with one ) to cash them. I apologize for the lenght of this inquire but, I feel I need to tell as much as possible to get someone to help me or advise me on what to do. ***** Do I have any rights when I go talk to the bank? I am out of work and do not have money for a lawyer. And is Wells-Fargo liable for anything I am going through or will likely be going through being the fact that they cash the one check and gave me a account and debit card? **** I can't help but think I am going to go to jail for something I had no prior knowledge about. Please help me. I am totally stressing about this. Thank-you. Robert Reyes

Asked on 5/26/13, 1:17 am

3 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

If the check was bad, you probably owe Wells Fargo some money. You claim you had no participation in this I hate to tell you but cashing the bad checks was participation in this. People just don't send you free money. There's more to this than you have told us as this sounds like part of some classic scams. The longer you wait, the worse it will be. Wells Fargo has no liability need to get the money and make it right with the bank

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Answered on 5/26/13, 10:15 am

Zadik Shapiro Law Offices of C. Zadik Shapiro

There is no free lunch. You need to repay Wells Fargo for any money you received or any checks you wrote on the account. The sooner you do so the less likely Wells Fargo is to bring in the police. You are facing charges of theft and burglary so it is important that you take care of this as soon as possible.

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Answered on 5/26/13, 11:38 am
Terry A. Nelson Nelson & Lawless

Greed and wrongdoing have a consequence. You put an unknown origin check in your bank and used the money that you knew wasn't yours. Now you find the check was fraudulent. What a surprise. You now owe your bank any money you spent from the check. If you don't pay it they will sue you for the amount you owe them.

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Answered on 5/27/13, 11:24 am

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