North Bergen, NJ asked in Criminal Law for Maryland

Q: My cousin wrote a check from my account. Now the bank wants me to sign a paper stating fraud. What IF I don’t sign???

Here is the issue, he paid it back. So if I don’t sign will the bank take over and charge him.

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2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: You will be liable for the payment of funds out of your account in the amount of the check, and for any overdraft and return item fees if there were insufficient funds in the account to cover the check. If you are claiming your brother stole your check or forged your name or otherwise stole or defrauded you out of your money in your account, then you need to report the matter as criminal theft or fraud. Otherwise, you are accepting responsibility for the check and the missing funds.

Matthew J. Bronson agrees with this answer

1 user found this answer helpful

Scott Scherr
Scott Scherr
Answered
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: If you refuse to sign and are seeking reimbursement from the bank for the check written by your cousin, you can expect the bank to refuse to compensate you. If you sign a statement that it was fraud, your cousin could be charged with a crime.

Eric Todd Kirk and Matthew J. Bronson agree with this answer

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