criminal-law
Ex bank account
<p>My boyfriend at the time wanted me to go to town and get some money from his account. We live an hour from town so he gave me his card like always before. I had this check from a ad company that was in my car, at the time I didn't have a account so I got his money out of the atm.</p>
<p>Then I proceeded to deposit my check like I have down before, they said it takes 24 to 48 hrs like always. Monday morning comes around and the bank called him and said they were closing his account for fraudulent check. All the bank did was close his account no charges.</p>
<p>But today because we are not together he thinks he can press charges on me can he?</p>

<p>It will depend a lot on how you endorsed the check.  You should have signed the check over to your ex, and put &quot;For Deposit Only&quot; in ex's account.  I bet you didn't do anything like that, because that's fairly obscure banking stuff they don't teach in school anymore.</p>
<p>But yes, taking money out of an account not yours, without permission and without replacing that money, will put you in legal jeopardy <strong>because you did not promptly replace the money</strong> /cover it / make it good.  The substance of the crime is in not replacing the money promptly.</p>
<p>I mean it's technically a crime if you do replace the money, but there is no <em>mens rea</em> or &quot;guilty mind&quot;, which is an essential element of a crime.  For instance, I one pumped gas and drove off. I got a phone call from a police detective, and I immediately high-tailed it back to the gas station and paid my bill with a hearty apology.  <em>Nothing more was made of it</em>.</p>
<p>Since your boyfriend now seems to be hostile, I would advise re-paying your boyfriend using a payment method which is tracked and leaves a paper trail - like a cashier's check from a bank where you have a relationship.  If you pay the boyfriend cash, nothing proves you paid it!</p>
<p>You might even consider opening your own account at the bank involved in this crisis.  Then you can say &quot;look, that wasn't a fraudulent check at all, I just used bad judgment sharing an ATM, and I'd like to deposit that check into my own account here&quot;.  The banker may be able to do that relatively efficiently, since they will have the check (or a Check21 compliant certified copy).  Expect that money to have a long hold on it.</p>
