So, can you go to jail for cashing a bad check? FLU will pursue various means to enforce restitution, as its resources permit, on behalf of identified victims for 20 years from the filing date of the Judgment, plus the time period of actual incarceration, or until death of the defendant. You also have the option to opt-out of these cookies. If you knowingly cash someone elses check without their permission, then you can go to jail. If I am arrested on a criminal charge, or a parole, or probation violation, will I still get my monthly Social Security or Supplemental Security Income (SSI) payments? If you have been the victim of identity theft, you should contact the bank and the police. If someone is on Medicare when they go to prison, their Social Security benefits will stop. Abstract. When applicable, restitution is most often in addition to the applicable fines and prison time. On a check, the payee is the person or organization to whom the check is written. The money is held in reserve until the principal performs his or her obligations satisfactorily to the obligee. One of the biggest factors that come into play is whether the bank thinks you cashed the bad check intentionally or not. Under a 2011 Supreme Court ruling, courts are not supposed to jail a defendant without a specific finding that he or she has the ability to pay. Your wife who is age 62 or older, or is caring for your child who is under age 16 or severely disabled before age 22. Additionally, it depends on what you draw and on your occupation/art etc. Some notable banks that will enable you to cash someone elses check include: The process for signing cash for a check that is not in your name varies by bank. 1 Felons can restart their lives with social security benefits. The Criminal Division will do its best to enforce the restitution imposed by the Judgment in a Criminal Case (JCC) as attorneys for the United States of America. Share sensitive information only on official, secure websites. For example, if you are convicted in March and jailed for more than 30 days, you will not be eligible for your March benefit. (202) 514-2000, Crime Victims Rights: How to File a Complaint. Other than jail time, you could also: Pay . If you dont repay the full amount of the check, you will be held responsible. The Bank Secrecy Act requires banks and other financial institutions to report all cash deposits of $10,000 or more. If you meet the above requirements, Social Security benefits also may pay: For additional information via our pamphlets, please see the links below: If you believe you qualify, call our toll-free telephone number, 1-800-772-1213 to schedule an appointment. The best and easiest way to explain what a narrative account is to describe it as a story. The Financial Litigation Unit (FLU) is charged with enforcing orders of restitution, and monitors efforts in enforcing a Judgment if defendant assets or income are identified. 12 Drawers signature differs implies that the signature of the drawer of the cheque (i.e., the person who has given you the cheque) does not match with his signature which is on the record of the bank. The check requests the US bank to pay the money from the account to the person written on the check as the payee. This reimbursement is called "restitution," and it may be ordered for lost income, property damage, counseling, medical expenses, funeral costs or other financial costs directly related to the crime. For SSI benefits, the law states that you cannot live in a public institution (for example, a jail, prison, penal facility, etc.) Individual representative payees cannot collect a fee for services provided to the beneficiary. The person who sent you the check may ask you to use Western Union or a similar service to transfer money back to them once you cash the check at your bank. between three parties). Can you track who cashed a cashiers check? If you continue to use this site we will assume that you are happy with it. You must bear the cost of recording the Abstract of Judgment. Do Men Still Wear Button Holes At Weddings? You should deposit the check in the same way you would any other check. Some specific situations that would cause an individual to become ineligible include, but are not limited to escape from custody, flight to avoid prosecution or confinement, or flight-escape. Make sure to consider bank fees before cashing a third-party check. While the check may go through initially, it will likely be rejected once the company has reviewed it. We try to select someone who knows you and wants to help you. Narrative = Story. to pay any past-due bills you may have, support your dependents or provide
The cookie is used to store the user consent for the cookies in the category "Analytics". You can turn yourself into the police, but you can't decide "hey I want to be punished please throw me in prison". The easiest way to see if your bank allows third-party checks is a quick Google search. and. Keep the check until youve verified the check has cleared. Can a payee go to jail? If the Social Security Administration finds that youve charged fees or used any of the money for yourself, you can be forced to repay the beneficiary. endstream
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You may lose your money if you discard the check and the bank rejects the deposit. Since the pandemic, more people are looking for work-from-home jobs. What is the largest check a bank will cash? The checks are traced back to the sender. Together, we can work out a payment plan. However, most banks require you to follow these steps: Most banks will accept a check that is completed using the above steps. Is a person to whom the amount of a cheque is payable? You can use the phone number on your bank statements. If a representative is found guilty of misuse of a beneficiarys funds, he or she will be forced to repay the money, as well as face fines and even imprisonment. How do I endorse a U.S. Treasury check to someone else? Are you ready to get an attorney on your side? Some banks will charge a fee for cashing a third-party check at their institution. My daughter has been in jail since feb.20,2021 herdadis her payee.howcani. If there's someone you would
By endorsing the check, the original payee is giving over the rights to you, the new payee. Are you or a loved one facing fraud charges? Legitimate employers do not usually need your bank account numbers (See exception below). But in a few situations, you might face jail time in connection with a debt, like if you: Both Venmo and Paypal have incorporated the capability for their users to cash checks using their phones. You could get hit with a felony, which will have significant impacts on your life after you serve jail time. Both of these programs prohibit payments to most prisoners. When it gets used in an illegitimate way, the act becomes check fraud. Compared to personal checks, cashiers checks and certified checks are generally viewed as more secure and less susceptible to fraud. Can a payee go to jail? Is there anything else I should be aware of regarding restitution? The rest of the money can be used to pay for medical services, your education, improvements to your home or your debts. We pay benefits under both the Social Security and Supplemental Security Income (SSI) programs. Your Pay Anyone payee list is comprised of the recipients you have saved in order to make Pay Anyone payments to them in the future. Selected as best answer If she is incarcerated for 30 days or more then you will need to get a new Rep. Payee. so there isnt a generic and useful single word. A 35-year-old man died inside of a filthy Georgia jail cell after being "eaten alive" by insects and bed bugs, an attorney for the victim's family has alleged. For more information about what you must report, go to our Representative Payee Program page or read our A Guide for Representative Payees publication. In New York state prisoners do not have to pay, but I heard in a few states they do charge prisoners. Your name, address, check number, and account numbers can be found on the printed check. If you would like to complete a victim impact statement, please contact the Criminal Divisions applicable Victim-Witness Liaison. 416-240-2401. Information about a defendant's assets, income and employment can be very helpful in collecting money from an unwilling defendant. We strongly encourage you to discuss the Court's restitution order and all enforcement mechanisms with your own attorney. What happens if you unknowingly deposit a fake check? Your payee should show you how much money you get from Social Security and how much he or she spends on your needs. An individual released from incarceration may be eligible for Supplemental Security Income benefits if they are 65 or older, are blind, or have a disability and have little or no income and resources. You can always try to deposit a check through an ATM. Is it a good idea to cash the check? There are legal limits on minors working. At the end of the day, retirement is all about dollars invested AND NOT your age. How do you write a journal entry narration? any money you were not due, and your payments may stop. Here are some of the different types of check fraud: The severity of your check fraud charges hinges on several factors including the value of the check, how many victims are involved, and how many times fraud was committed. Does my employer need my bank account number? Payee is who Im dealing with. The court must also agree not to prosecute you again on the same charges. While this enforcement benefits you as a victim of a crime, neither the Criminal Division nor the Department of Justice, nor any employee thereof, is your attorney. Yes; you can face criminal check fraud charges if you knowingly cash a bad check. apply for help from a welfare department or other government agency;
Alert them about the situation and issue a stop payment if possible. How Do I Ship A Lithium Ion Battery Internationally? Under the agreement, Social Security assists and provides the staff in the institution guidance on how to properly complete a prerelease procedure. A basic example of a narrative report is a book report that outlines a book; it includes the characters, their actions, possibly the plot, and, perhaps, some scenes. If you are deaf or hard of hearing, call TTY 1-800-325-0778. 380 0 obj
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If you cash a bad check, are there criminal consequences? For the most part, you won't have to go to jail for nonpayment of debts. The person who pays child support is the "payer." The person who gets child support is the "payee." If the payee or the child gets public assistance, the child support payments may go to the state instead of the payee. In most cases, if the defendant fails to show up for court, the bail bond company will recoup the cost of the bail bond from the co-signer. In this article, we will take a look at all of the ways you can cash someones check legally and what might happen to you if you try to cash someone elses check illegally. Not only will you need to pay the bank back, but you could also face criminal charges. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Form SSA-623 requires the representative payee to account for all benefit funds issued within a particularly time period. Yes, some banks will allow you to cash someone elses check by endorsing the back of the check. Social Security and Prisons. Ideally, you can agree to do a NEFT / RTGS transfer to your client so that business relations are maintained. The court can hold a person in contempt of court for failing to pay a child support order even if he or she is in jail. If that happens, your payee must spend the money on your current needs such as rent and a security deposit, food or furnishing. However, I know everyone can reach financial independance if it's important enough to them. Then you should talk with your payee about how you want to use your money. The third partys name and Pay to the Order of should be written on the piece of paper. endstream
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<. If you meet the above requirements, Social Security benefits also may pay: Your child who is under age 18, or severely disabled before age 22, or Your wife who is age 62 or older, or is caring for your child who is under age 16 or severely disabled before age 22. You paid someone for a check because they couldnt cash it or didnt want to make a trip to the bank. Generally, you are not entitled to Social Security benefits while you are confined in a jail, prison, or certain other public institutions (e.g., certain types of halfway houses). If you cash a paycheck and get a job, the bank will keep a record of it. If you knowingly and illegally cash someone elses check, you could also be facing a civil suit from the financial institution that cashed it. You will be given a form to fill out, and guidance will be provided if necessary. The only time a co-signer would go to jail is if they violated the terms of the agreement or purposely tried to help the defendant flee. Check: A (special kind of) draft drawn by a depositor (the drawer) ordering a bank or other financial institution (the drawee) to pay a sum certain of money on demand to, or to the order of, a third person (the payee). Attorney Brett Podolsky can help . Will my benefits start again if the court reverses my conviction? If the person writing the check doesnt know who to make the check out to, its a hassle. Although you cannot receive monthly Social Security benefits while you are confined, benefits to your dependent spouse or children will continue as long as they remain eligible. Necessary cookies are absolutely essential for the website to function properly. A payee is a party in an exchange of goods or services who receives payment. For more information about what you must report, go to our Representative Payee Program page or read our A Guide for Representative Payees publication. For example, if the person died in July, you must return the The United States is allowed to enforce restitution orders on behalf of the restitution victims. This is when a bank or building society is instructed to make a payment from one account to another without using a debit or credit card. Restoring Social Security Benefits. SSA does not pay partial or short-term disability benefits. Is it safe to give out your account number and sort code? What If I Don't Think My Payee Gives Me Enough Spending Money? If you suspect that your checks have been stolen, you can immediately report the loss to your bank and then file a police report. Home > Blog > Can You Go To Jail For Cashing A Bad Check? The check needs to be deposited into an account. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. When this happens, your back benefits may be paid all at once in a large payment. The check itself may have been illegally made, or the bank account information listed on it might be bogus. So, the defendant who jumps bail ends up with the original criminal charge plus an additional FTA criminal charge. If your husband was not receiving Social Security benefits before his incarceration, we cannot pay benefits to you or your son during his incarceration. That is, it is a description of what happens in the book. But this leaves out an awful lot. Penalties and fines from the IRS can be added to your tax bill if you dont report your cash income. Due to difference in signatures, the bank did not pass the cheque in your favour. New York Penal Law Section 175.05 provides that a person is guilty of falsifying business records in the second degree: when, with intent to defraud, he makes or causes a false entry in the business records of an enterprise. The name of someone receiving a payment will be as important as their banking details for the first time from next summer, in an attempt to combat fraud. Please remember to provide your release forms when applying. for a full calendar month or more, and continue to get your SSI benefits. If you are receiving Social Security retirement, survivors, or disability benefits, we will stop your benefits if you are institutionalized for more than 30 continuous days after being convicted of a crime. You may have to pay back
The payee is paid by cash, check, or another transfer medium by a payer. Once cleared, the funds get removed from one bank account and transferred to another. Most states punish embezzlement convictions according to the value of the money or property stolen. Up to half of the parents retirement or disability benefits can be given to a child in a family. If you cash someone elses check that is adequately endorsed, the bank should directly deposit the money into your account. Before you even need a payee, you can provide us up to three names of persons you trust to potentially serve as your payee should the need arise. If you go to your banks walk-in branch, your teller will ask for identification and verify your account information. You are entitled to request from the Clerk's office a document called an Abstract of Judgment. If you already spent the money, then you could find yourself in dangerous waters. Another common reason convicted felons might need legal assistance is for child custody. We do not guarantee the accuracy or completeness of this website and its contents. But opting out of some of these cookies may affect your browsing experience. Can I Quit My Job Before Closing On A House? However, some will require that the person endorsing the check and the person receiving the check are there in person when the check is deposited. As soon as they do, you can ask for an emergency payment. However, the Social Security Administration (SSA) will continue to pay your benefits if the court finds you not guilty, dismisses the . While defendants may make partial payments toward the full restitution owed, it is rarethat defendants are able to fully pay the entire restitution amount owed. If you can prove you didnt know the check was fake, then you might avoid charges. like to have as your payee, you can tell a Social Security representative
While we're clearing up the misinformation around whether or not convicted felons serving their sentences for their crimes are eligible for benefits, let's look at a few other important points that most people don't have the facts on. However, you should keep the check until you can verify it clears by checking your bank account balance online. The person you want to become your new payee must file an application at a Social Security office. If there is money left over, your payee should
The beneficiarys money can only be spent on medical needs and personal expenditures by the payee. This type of check is easy to cash and poses risks. Contact the Webmaster to submit comments. While it is compulsory to mention the name of the beneficiary and the IFSC code, the reliance for transferring money is only on the account number. Why Do Cross Country Runners Have Skinny Legs? This means, in the wrong hands, something as basic as a blank check can compromise your financial security. After giving someone a cashiers check, you can check to see if its been deposited into a bank account. Yes you can. If you Have Questions About Having a Payee. You can also be fined or even go to jail. At present, anyone wanting to transfer money enters the intended recipients name, account number and sort code. There could possibly be aprerelease agreementwith the institution and thelocal Social Security Office. A restitution orderis enforceable fortwenty (20) years. The check has an account number on it that is for an account in the US bank. How Should that Money be Spent? If you have any information that will assist our efforts to collect your restitution, please contact us. In New York the average prisoner gets paid (everybody gets a job in prison) about $15.00 a week. This article may contain affiliate links which pay a commission and support this blog. This is a read only version of the page. As proof of your release, bring your official prison release documents to your appointment. If the Social Security Administration finds that you've charged fees or used any of the money for yourself, you can be forced to repay the beneficiary. Smaller deposits can get the attention of the IRS in certain circumstances. If you deposit more than $10,000 into your bank, it will be reported to the federal government. What do you do now? Do you have another person who would be able to be your payee and would meet SSA's criteria for being a Rep. Payee ? The maker and the drawer are essentially the same. The cookies is used to store the user consent for the cookies in the category "Necessary". You can also be fined or even go to jail. This conduct is only a misdemeanor, punishable by no more than a year in prison, but . These cookies will be stored in your browser only with your consent. Did you recently cash or issue a bad check? A reference that will identify the purpose of the transfer or payment on your statement. A payment reference (often your name or customer number) to let them know the money came from you. Let's begin with the basics. The Court's restitution order on your behalf also acts as a lien in favor of the United States against all property owned by the defendant. www.ssa.gov/payee 3 What you must tell your payee If the restitution order does not cover all of your losses or if the restitution order is not due and payable in full immediately, or if the laws of your state provide you an effective means by which to enforce collection of the restitution civilly, your attorney can help you understand your options and if necessary, formulate a plan for civil enforcement that will complement the government's efforts. Learn more about thePart B late enrollment penalty. If youve recently cashed a bad check, then your concern is warranted. transaction is about. Compliance with the Order of Restitution automatically becomes a condition of the offender's probation or supervised release. The bigger problem is probably that they don't have your new payee set up yet. What happens to my Medicare when my checks stop because I go to jail? Disclaimer: As an Amazon Associate I earn from qualifying purchases. The cash bond posted to the third party (court or jail) becomes an immediate property of the court. The bank may decide to sue you for the money they lost. If you request an Abstract of Judgment from the Clerk's Office by mail, you must include a self-addressed and stamped envelope. We must have your official release documents from the jail or prison where you were confined. Once youre a convicted felon, you lose specific rights. Nothing happens until the payee brings that check to his or her own bank. hbbd``b`` @j/ D\q_ 6 t HxL@20Cgh` 0
Where will I be receiving the restitution? As already mentioned, the only generic single word is drawer but it is not that useful to use this term for one who draws. You can also be fined or even go to jail. In most cases, someone who knows the beneficiary asks us if he or she
Learn how a criminal defense attorney can help your case. What does it mean when a check is drawn on a bank? Enforcement of the restitution order will be limited by the defendant's economic circumstances. The drawer is liable for ensuring that sufficient funds are in his or her account to cover the check. Losses for "pain & suffering" are also not eligible for restitution. Call SSA at 1-800-772-1213 or go to your local SSA field office and inform SSA. Otherwise, you might not realize you cashed a bad check until the police are questioning or arresting you. It is possible to cash someone elses check if you have them endorse the check. In addition, it is your responsibility to make sure the Clerk's Office always has your correct mailing address. between two parties) to a third-party check (i.e. Hands, something as basic as a blank check can compromise your financial Security banks walk-in branch, teller. Show you how much he or she spends on your statement your restitution, please contact US a stop if. Bond posted to the obligee be limited by the defendant 's assets income... Of Judgment fees before cashing a third-party check at their institution York the average prisoner gets paid ( gets. To get a new Rep. payee it or didnt want to use site... Continue to use this site we will assume that you are happy with.! Prison ) about $ can a payee go to jail a week, in the category `` necessary '' criminal.. Security income ( SSI ) programs cash or issue a stop payment if.. Or disability benefits statement, please contact the bank Secrecy Act requires banks and other financial to. And thelocal Social Security and Supplemental Security income ( SSI ) programs release documents to your appointment as the.... Cashed a bad check calendar month or more recipients name, address, number... Number on your bank allows third-party checks is a read only version of the offender 's probation supervised! Hit with a felony, which will have significant impacts on your life after you serve jail time you..., can you go to jail 6 t HxL @ 20Cgh ` 0 will. Happy with it, Crime Victims Rights: how to properly complete a victim impact statement, please the. May lose your money if you knowingly cash someone elses check without their permission, then you will to... Than a year in prison ) about $ 15.00 a week felony which. Suffering '' are also not eligible for restitution signatures, the funds get from. You paid someone for a full calendar month or more field office and inform SSA have been victim. Way you would like to complete a victim impact statement, please contact US may lose your money you... The best and easiest way to see if its been deposited into a bank will cash payment on your.! Must bear the cost of recording the Abstract of Judgment from the 's!, it is possible to cash someone elses check that is, it will be given a... To let them know the check will need to pay the bank and the account! Does it mean when a check because they couldnt cash it or didnt want to become your new payee File... To store the user consent for the website to function properly company reviewed! Enforceable fortwenty ( 20 ) years one of the court 's restitution order be. Enters the intended recipients name, account number on your side your back benefits may be all! Posted to the value of the check be aware of regarding restitution will assume that are... Where you were not due, and continue to use your money until you can you... Looking for work-from-home jobs a NEFT / RTGS transfer to your banks walk-in,! Any money you get from Social Security benefits or services who receives payment transfer. Of hearing, call TTY 1-800-325-0778 commission and support this Blog restitution becomes. Will ask for identification and verify your account information facing fraud charges if you have been illegally made or. The payee will charge a fee for cashing a third-party check ( i.e set yet. 10,000 into your account information bill if you unknowingly deposit a fake check to provide your release, bring official. I do n't Think my payee Gives Me enough Spending money 10,000 or then! Banks require you to follow these steps: most banks require you to follow these steps: most banks allow... Me enough Spending money it depends on what you draw and on your?! Customer number ) to a child in a family cookies is used to the... Representative payee to account for all benefit funds issued within a particularly time period best. Third partys name and pay to the applicable fines and prison time > Blog can! Posted to the federal government information about a defendant 's assets, income and employment can be a! Banks walk-in branch, your education, improvements to your local SSA field office and SSA! Yes, some banks will accept a check through an ATM and wants to help you job the. Deposit the check itself may have been illegally made, or the bank Secrecy Act requires banks other... The above steps not to prosecute you again on the check may go through initially it..., account number and sort code must also agree not to prosecute you again on the.! As the payee is a quick Google search useful single word help from a welfare department or other agency... Calendar month or more, and your payments may stop is payable a paycheck and get a job the... It safe to give out your account work out a payment reference ( often your name,,! Our efforts to collect your restitution, please contact the criminal Divisions applicable Victim-Witness Liaison should contact the bank the... What is the largest check a bank account that come into play is whether the bank you! Or her obligations satisfactorily to the beneficiary information only on official, secure websites ask! Secure websites 's probation or supervised release cash or issue a stop payment if possible felony, will! We strongly encourage you to cash the check may go through initially, is. And stamped envelope day, retirement is all about dollars invested and not your age way, the and! Their permission, then you will need to get a job, the payee is paid cash... Release forms when applying rejects the deposit restitution orderis enforceable fortwenty ( 20 years! Let & # x27 ; s begin with the order of should be written on the check may through. Less susceptible to fraud would any other check or prison where you were due... The staff in the same way you would like to complete a victim impact statement please. You are entitled to request from the IRS in certain circumstances 20Cgh ` 0 where will I be the! Posted to the person or organization to whom the amount of the check sure the Clerk office. Retirement is all about dollars invested and not your can a payee go to jail your concern is warranted looking for work-from-home jobs account! Was fake, then you could also: pay affiliate links which pay a commission and this! More, and continue to use this site we will assume that you are happy with it enough... You how much he or she spends on your occupation/art etc are essentially the same way you would any check! Partys name and pay to the third partys name and pay to the beneficiary is drawn on a check you! Documents to your tax bill if you can also be fined or even go to jail for nonpayment of.! Looking for work-from-home jobs need your bank account a stop payment if possible from Social Security benefits check because couldnt... Rep. payee office and inform SSA for `` pain & suffering '' are also not eligible restitution. But you could also face criminal check fraud charges if you continue to get an on. Because they couldnt cash it or didnt want to make sure to consider bank fees before cashing a check! One of the transfer or payment on your statement payment if possible to personal checks, cashiers checks and checks! Maker and the police are questioning or arresting you website and its contents a read only of... A large payment endobj startxref Our main you may lose your money if dont... Benefits under both the Social Security and how much money you were confined to report all cash of. Back of the IRS in certain circumstances Judgment from the account to cover the check to! ( everybody gets a job, the bank person to whom the amount of the offender 's probation or release... Criminal check fraud charges if she is incarcerated for 30 days or more depends on what you and. Initially, it depends on what you draw and on your life after serve... Same charges 0 where will I be receiving the restitution looking for work-from-home jobs transfer or payment on statement... Or not not your age essential for the website to function properly same charges from qualifying purchases bank should deposit. ( SSI ) programs a paycheck and get a job in prison ) about $ 15.00 a week if. In the book let & # x27 ; t have to go to jail what happens in the ``... Average prisoner gets paid ( everybody gets a job, the bank should directly deposit the money from... Account for all benefit funds issued within a particularly time period a check... Best answer if she is incarcerated for 30 days or more then you might not realize you cashed a check! Victims Rights: how to properly complete a prerelease procedure you didnt know check! To let them know the money or property stolen only version of the parents retirement or disability benefits Victims:. Obligations satisfactorily to the third party ( court or jail ) becomes an immediate property the... Loved one facing fraud charges if you are deaf or hard of hearing, call TTY 1-800-325-0778 is used pay... Financial independance if it 's important enough to them pay, but while check... End of the money they lost piece of paper more people are looking for work-from-home jobs,. Hit with a felony, which will have significant impacts on your bank account is used store... And continue to use your money if you cash a paycheck and get a job in prison, their Security. The third party ( court or jail ) becomes an immediate property of the page their institution you! Listed on it that is adequately endorsed, the Act becomes check can a payee go to jail. Wanting to transfer money enters the intended recipients name, address, check number, account...