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Fradulent Check Report Issue..
 Moderated by: johnp, JHarlanAtty  

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bartzcarol
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Joined: Tue May 30th, 2006
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 Posted: Tue May 30th, 2006 08:47 pm

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Last edited on Fri Oct 13th, 2006 12:51 am by bartzcarol

Malibu Barbie
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 Posted: Sat Jun 10th, 2006 10:53 am

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Whew, the Friend A and Friend B identities were very difficult to differentiate between characters, however, if I'm understanding this correctly, both Friend A and Friend B agreed in writing to settle the dispute, and Friend A accepted Friend B's reimbursement for the mistaken transaction.  That's what I would consider "accord and satisfaction".
 
Criminal charges are to be brought within a specified timeframe, which begins the date the victim became aware of the fraudulent activity.  Recorded conversations are sometimes difficult to admit into evidence if the party being taped was not aware of it.  Regardless, there was an agreement, which it appears to have been accepted by Friend A as a simple mistake on the part of Friend B, and Friend B fulfilled his/her obligations to repay Friend A, which Friend A accepted.  Therefore, I feel it would be difficult for Friend A to press criminal charges against Friend B for this mistake, unless other circumstances were involved or it could be proven that Friend B's actions were knowingly fraudulent and/or malicious at the time he/she made the transactions against Friend A's account.
 
Again, there's many factors that can determine whether Friend A has a legal cause against Friend B, and without a thorough investigation, what I posted above is only a theory based on the info. you provided.

Last edited on Sat Jun 10th, 2006 10:55 am by Malibu Barbie


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