Will I go to Jail??

[sizesnug]

Could you help me?? I am in the process of filing for Chapter 7 or 13 bankruptcy....(not sure which one).......doing all schedules right now.....anyway, I had several payday loans out, and also gambled online, using credit cards, and neteller........citadel, and navaho express....anyway......it was constantly coming automatically out of my check account. Could no longer afford to live......my lawyer told me to close my check account and open a new one...which i did...........i am now being told by Eprocessing..(online gambling money people).......that they will go to local authorities if i do not pay off debt.........can they? This money was used to gamble online....all of it.....thousands.......am i going to jail?? Thank you for your help

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[djgrolyos]

I would assumer that they could press charges. I know in Wisconsin, anything over 2K is considered "Grand" theft which is a felony.

 

I would contact your lawyer for more info. He would be the one that would know or could find out.

[jcs0527]

Is it illegal to gamble online in your state? If it is, the debt can't be discharged.

 

Only legal debts. If it isn't legal, then they can not legally enforce the debt in your state either though.

 

And if they try to come after you for non payment you could possibly turn the tables and get them shut down for running an illegal gambling outfit.

 

Find out where the gambling site is located. Is it in the United States? If so, there are more laws governing the site then if it is in another country.

 

I guess I am trying to say, we need more information.

[jcs0527]

The other thing, tell your lawyer. Have you told them you are filing papers? Tell them if they have any questions they can contact your lawyer.

[Herloss]

Jail time? For being wreckless with your money? You are asking if by draining your credit cards, income and checking CAN you be locked up? Then it sounds like a gambling debt you have....... DEBT

 

I'm not sure I understand, but if you are asking if because of DEBT you can be locked up: NO. If so, I think over a large amount of the population would be in jail. FYI. Please clarify.

 

 

HL

[centex]

Jail time? For being wreckless with your money? You are asking if by draining your credit cards, income and checking CAN you be locked up? Then it sounds like a gambling debt you have....... DEBT

 

I'm not sure I understand, but if you are asking if because of DEBT you can be locked up: NO. If so, I think over a large amount of the population would be in jail. FYI. Please clarify.

 

most of the online gambling places use legitimate third-party vendors to process the funds. If checks or promises of funds availability were made to the third-party that are subsequently returned unpaid, then one needs to look to what is apt to be prosecuted in a given jurisdiction- and only local counsel will know the current tenor of the prosecutor's office. Bad checks are criminal offenses in most jurisdictions, no matter what the proceeds may have been intended to go towards, and the OP sounds to have some very current debt that includes banking issues.

 

The other reason why it would be wise to consult local counsel is that even if one adopts the position that the gambling debt was premised upon illegal activity, the OP then admits to engaging in that conduct. They potentially place themselves on a limb for at least a look-see by the feds, which is never a good thing.

Edited January 24, 2007 by centex

[sizesnug]

Thanks guys for chiming in...I guess my biggest concern is this........I closed my check account, then I gambled online and racked up debts with casino for 2 days after.......wrong i know........i was possessed....all done now....i think i did it so i would be locked out, and my accts closed and i cannot gamble any longer...yes.......it was the wrong way to go about it, but it worked. Now I have to pay the price...my attny says because i gmbled online to try to make money.....(business).......that we could go for a chapt 7.......and all i am asking is if i should pay this money back before i file papers?? I mean the casino ripped me off for years.....took my money, and i never won......i am just ignorant about how closing ones check acct and then doing online money deposits to a casino.....will affect my life??? Am i going to jail?? I seriously would like to know....because if i am....i will pay the debts. Thanks

[MIKEP1234]

If not, no offense, I think you should go to jail...you did something illegal man, don't come on here asking us if you should pay them money the back and that the casinos ripped you off for years because you never won...

 

Well, the casinos never ripped me off, oh wait, thats because I didnt gamble all my money away and blame them for running a business...

 

Did you have some type of deal with them whereby you give them money and they promise a return, because if not, then they didn't rip you off. Last time I checked, that's why they call it gambling.

 

I think your best bet is to be a man, pay your debts and if you have to go to jail, you put yourself there. Now you should pay for something that matters: Legal Advice

Edited January 24, 2007 by MIKEP1234

[Lisa98]

My own husband had a problem(before online gambling). I think you have a problem. Find a local support group. Save every dime you can. But opening accts and keeping it in there, is not good. Your in a position where they can garnish you. Next get rid of your internet at home. If you need to get online, go to the library. It's free!! Then you won't be tempted to gamble. There's no way in hell you can just say "I won't gamble online anymore. I just won't go to those sites."

 

When we opened our bank account we had a block put on it so we would get declined if one of us(I've spent a few bucks myself) tried to gamble online. He just buys those stupid lottery tickets now.

 

I closed my check account, then I gambled online and racked up debts with casino for 2 days after.......wrong i know........i was possessed

You got into trouble for gambling, closed the acct, then gambled some more? Your reasoning for doing this is?

 

my attny says because i gmbled online to try to make money.....(business).......that we could go for a chapt 7

Everyone gambles to make money. I doubt you could call it a business though.

 

 

That's what they are supposed to do.

[premed428]

I was under the impression that debtor's prison was done away with back in the 1800's.

 

If that were the case, every single member on CB would be cell mates

[CreditWarrior]

I can't claim to know if there are other offenses that I'm not aware of, fraud, ect. But you can't go to jail just for not paying a debt. In fact it may be illegal for them to threaten to put you in jail for that reason alone. What do they claim they can get prosecution for?

 

CW

[Trailrated92]

but you CAN go to the pokey for knowingly writing/passing checks on a CLOSED Account !!! Which the OP admits to in post number 8

[jcs0527]

You continued to use the accounts after they were closed?

Yes that is fraud.

 

Pay it or you will go to jail.

[CreditWarrior]

If that is the case, then fraud has already been committed and paying the debt will NOT change that. The crime is completely separate from the debt and he needs to get a lawyer now before taking any further action.

 

CreditWarrior

[premed428]

Have you considered checking yourself into a "gamblers anonymous" group?

 

If you do go before a judge, it will at least show that you have a problem and are willing to work to resolve it.

 

He/she might be more leniant towards you.

[Kavey]

You really messed up.. but most people with a serious addiction will make mistakes to feed their high. I dont think everyone should be so critical. Anyway you say you can pay it if it avoids you going to jail.. If I were you I would call them immediately and kiss as much butt as you can and pay them whatever they claim you owe them and HOPE that they dont press charges.

[Trailrated92]

gotta be VERY careful during this phase , no way to tell if conversations being recorded , or another listening in on multi line , dont want to admit to ANYTHING that might result in criminal charges if at all possible .

[Why Chat]

Please be aware that any payments you make within 90 days of filing BK MAY be considered FRAUD, especially if they are to pay a creditor for gambling debts instead of another legitimate creditor.

 

In any case, I think you need a lawyer AND some "intervention" from someone who can help you with your gambling addiction.

 

If you can "pay" to stay out of jail, you should be able to pay a lawyer to help you with the mess you have gotten yourself into.

[CreditWarrior]

Seriously. Do NOT call them. You could incriminate yourself. Do NOT do anything before your legal consel advises you! The casinos could have no knowledge of what the OP has admitted to us here. Calling them could CAUSE them to press charges!

 

This is a CREDIT board, not a LEGAL board. This is NOT the correct forum to receive advice on this issue.

 

Only a lawyer can give you advice!

 

CreditWarrior

Edited January 24, 2007 by CreditWarrior

[proinc]

Writing a check on a closed account, well it is jail you will be going. We have people all the time write us checks on closed accounts we take them to the DA. There is no excuse for commiting fraud. I hope they nail you to the wall. I am sorry for being so harsh but you can't commit fraud and then come here and complain that it was not your fault.

[CreditWarrior]

To everybody who has replied,

 

What do you know about the federal and state criminal fraud statutes?

Do you know what state the OP is from?

Do you know if the casinos have already alerted authorities to the crime?

 

If the crime has already been reported, then the victim (casinos) cannot choose for a criminal case to be stopped even if the OP pays the debt. Only federal or state officials decide that once it has been reported in criminal cases. This is a completely different ballgame than civil cases.

 

Paying a debt that is going to be included in a bankruptcy could only be depleting funds that he needs to pay his lawyers. Also, as WhyChat pointed out, the payment itself could be considered additional fraud.

 

The point is, I don’t know the legal ramifications here and neither do any of you unless you are a licensed attorney in his state. Giving him any advice other than to seek legal counsel is irresponsible.

 

CreditWarrior

 

P.S. In this country everybody is presumed innocent until proven guilty. Nobody has proven this man guilty of anything – apparent confession or not. Nobody can say that he is guilty.

[proinc]

If you knowingly write a check on a closed account how can that not be fraud. AGAIN I SAY KNOWINGLY, yes you are presumed innocent. But when you admit you KNOWINGLY wrote checks on a closed account you are probably guilty.

[centex]

If the crime has already been reported, then the victim (casinos) cannot choose for a criminal case to be stopped even if the OP pays the debt. Only federal or state officials decide that once it has been reported in criminal cases. This is a completely different ballgame than civil cases.

 

That is not always a correct statement...victims can and do submit affidavits of non-prosecution. It happens every day. The Court still has to sign off on the dismissal, but without a willing witness (victim), successful prosecution becomes a very reduced probability. We see the ANP more often in cases of A/FV, but they are also used on a regular basis in check-related cases- it is amazing how willing people are to pay off their bad checks once the possibility of prosecution has officially entered the room. I have also had first-degree felony aggregate theft cases that were held in abeyance pending full restititution.

 

If a federal charge comes around, then there will be consideration provided in the sentencing guidelines for cooperation and acceptance of responsibility. I really hate the Federal sentencing guidelines simply because the various calculations and tables convolute matters beyond belief, but that is another rant for another board.

[jcs0527]

If that is the case, then fraud has already been committed and paying the debt will NOT change that. The crime is completely separate from the debt and he needs to get a lawyer now before taking any further action.

 

CreditWarrior

 

I will agree that he does need to consult a lawyer, I will not agree that paying the debt will keep him out of jail. ESPECIALLY if he makes good on it within ten days.

 

I am not a lawyer, but I do know must statutes give a person 10 days from the date of notification to remedy the checks and avoid prosecution. It is presumed by the law that if you make the debt good within ten days your action was not intentional.

 

I do claim that I know nothing in regards to the bankruptcy laws and how this compounds the issue at hand.