Aside from Swamp Donkey's assertion that depositing the check is a felony being semi-incorrect I agree with all.
I will elaborate so I do not seem boorish. This recently was atrtempted on me for a boat I was selling. I spoke to my attorney (AKA sister) about the legal implications. If you knowingly deposit a bogus check it is a felony. If you believed that you were depositing a real check then you are absent malice, or the more common term, acting in good faith.
You would still be financially responsible if you were absent malice but not criminally responsible.
I had a boat for sale on ebay. Nothing special, no motor, and a project. Still for sale if anyone wants it for $400.00 OBO. It's an 18.5 foot 1972 Sea Ray. It is seaworthy but needs an outboard 120 horse or smaller.
Anyway, I got contacted a couple of days into the listing by some guy claiming to be a broker with a buyer in Colorado. Right away spidy senses were tingling. Like there aren't boats for sale in Colorado that couldn't be bought with a motor for less then shipping alone from Illinois would cost.
I told him then fine, bid on the auction. Four or Five emails each way I say I'm not pulling the auction. Your guy wants it, bid on it, select my Buy-It-Now of $700.00 and it's his. Never responded once to the Buy-It-Now in any way shape or form.
I did give him my contact info. As an act of good faith I extended the length of the auction to give him an opportunity to send me the check.
On Friday afternoon with a couple of auction days left my wife chirps me on the Nextel. Shocked me because I was in a place where there is lousy reception in general (Lake Forest at 43 and Westleigh) and worse in the location I was working.
I go outside and she beins to excitedly tell me that I got a cashiers check in the mail for $3700.00 with an email address for some shipper in europe and instructions to wire the remainder back. I said immediately it is bogus. I am one of the least trusting people you will ever meet. I have worked in auto service, auto sales, and the electronics industry. I trust my mother, my brother, my sister, my friend (and brother of another mother) Edward and my wife. Outside of that circle my trust has to be earned.
My wife searched the net for the bank that the check was supposed to be drawn from. She read them the numbers and described the check. Of course it was bogus. She had the banks site on screen when I got home and I pointed out about six glaring inconsistencies between the check and the website that made it a poor fake.
emails flew, my life was threatened, and I shook it off. FBI had no interest. Banks had no interest. I let it drop.
Adam
in short, trust no one.