I will state in advance that I am not an attorney. Having said that I would point out that Barry Behrman gave bad POST DATED checks. It is not a criminal offense to give a bad post dated check The bad check law pertains to a check that is represented to be good the time it was given. The pure nature of the post dated check explicitly stating that the check is worthless and you are taking this at your own risk.
This is a civil matter. GOOD LUCK because Behrman, who I detest, is likely judgment proof. Plus the checks are likely written on the corporation which insulates Behrman personally. Just my opinion.
Here is some general information on post dated checks and how the law may apply to them. In many jurisdictions it is in fact still a crime whether it was post dated or not:
http://www.nolo.com/legal-encyclopedia/is-illegal-post-date-check.html
Here are some more details about Virginia bad check laws in particular. Note that if a bad check is over $200 it is a felony. This crime can carry a penalty of up to a $2500 fine, up to 5 years imprisonment, and (per another web site) the person who received the bad check may be able to pursue reimbursement for the amount of the check plus up to three times the amount of the check plus $25. Stiff penalties:
http://koehlerlaw.net/assault-theft/theft-in-virginia/issuing-a-bad-check/
Here are many more details and specifics about the Virginia bad check laws. Pay attention to the page numbers because they are out of order and you will have to jump around to view them in order:
http://www.pwcgov.org/government/dept/police/Documents/005826.pdf
Per the last link, you may be correct in that post dated checks do not fall under the criminal statute in Virginia. However, I don't know that the law would in fact see these prize fund checks as being post dated if the players were made aware in advance that their prizes would not be payed out when they were eliminated from the tournament or on the last day of the tournament but would instead be paid out at a future date. It could be that in this case they aren't even considered to be post dated.
My suggestion is for anyone who has still not been paid in full to contact the police and file a report and they will be able to let you know for sure. Chesapeake, Virginia is where the tournament was held and where the crime, if one occurred, would probably be considered to have happened and they would therefore likely have some or all jurisdiction. The Chesapeake police department can be contacted at:
http://www.cityofchesapeake.net/government/City-Departments/Departments/Police-Department.htm
The police department for Virginia Beach, Virginia (they could possibly also have jurisdiction), where Barry's business is located, can be reached here as needed:
http://www.vbgov.com/government/departments/police/Pages/default.aspx
Aside from only attending future US Open 9 Ball Tournaments only if escrow is used, it also appears that THE PLAYERS SHOULD NOT ACCEPT POST DATED CHECKS at any of Barry's future events so that the avenue of pursuing criminal prosecution will for sure be available to them if Barry somehow manages to bounce more checks even with the prize fund in escrow. And considering Barry's history, you can almost bet on it. If the players had threat of felony criminal prosecution available to them, I bet Barry would find a way to get them paid real quick. Don't accept post dated checks.
Last edited: