Hu, I know for a FACT that it is very difficult to get the DA/SA to actually prosecute (as opposed to sending a stern letter which is typically the first step in such cases). They know they have to prove INTENT...to a JURY...most of whom live from paycheck to paycheck too.
I was the founder of a company that owned 24 Jiffy Lube centers in Chicago and we got about 10 billion bad checks. One was written on an account that was CLOSED for a year...but the SA said the lady will cry on the stand, act stupid and swear that she just had made a mistake.
I responded that we could prove that she had NO OTHER checking account at the time....NONE...and the SA said that they would not prosecute the case anyway...."Because we don't like to lose." That is an EXACT quote.
Mr. Bobbitt will just testify that his life was in a shambles, he hadn't balanced his check book in months, was depressed and suicidal...thought he held a winning lottery ticket and was pretty sure that his great grandmother's neice was going do die soon and leave him a fortune.
Here's the world according to Garp. Write hot checks to a governmental agency and go to jail. Write them to private citizens and all of a sudden the prosecuters think it's a civil matter.
Besides, if he truly is broke, then putting him in jail isn't going to buy any pork chops for anyone.
Better, by far, IMHO, to sue for actual and punitive damages...get a judgment that will likely include MORE than actual damages because punitive damages are available if fraud is proven and will last for X number of years depending on state law.
Then hope he recovers financially at some point so there would be something to chew on.
Even if he files bankruptcy, it is likely that the award for fraud would NOT be discharged.
And the heat will go WAY down with the SAs when they find out that 70% restitution has already been made. They will say, "Hell, that's better than what we would have gotten you in a plea bargain!"
Besides, for a first offender with a sob story, he would likely only get a few months in the slam...if not probation from the get go. So all you end up with is a convicted felon who can't get a decent job...can't get a passport...can't vote and can't own a gun. Not a big win AFAIK.
All IMHO, but this ain't my first rodeo in chasing hot check artists. In Chicago, we used to call bad checks "Readers...Checks only good for reading."
Regards,
Jim
ShootingArts said:
Scott,
I heard a considerably different story from someone close to the source. The version that I heard was that Mark bought the tables at fair market value and they were leased out at the time generating income. Mark still did a very good thing to help the players but he shouldn't have gotten hurt on the deal himself while Chuck lost the income from the tables and so did come out behind in the transaction.
Several things don't make sense looking at the whole situation. Either Chuck is absolutely the dumbest crook I have ever heard of or his intentions were good.
Why write checks if he wasn't hoping to cover them kicking a civil matter up to a criminal matter?
Why sign promissory notes without having the other person sign them also?
If he intended to just take the money and run why sell tables that were producing income and let the money go directly to the players?
The whole situation doesn't add up to me if Chuck is really the con many people credit him with being!
Hu
(Scott I'm not really pursuing you, seems we are posting on the same topics this morning!

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