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Rectifying Unintentional Kiting Situation

My husband and I were passing checks back and forth between two banks and did not realize that this was a crime, until recently. Now one bank has returned a large check to the other bank. What can we do to resolve this situation? Is there any way that we can prevent the bank from pressing charges?


What you were doing isn't illegal unless it was done with an intent to defraud one or both banks. If you weren't trying to use money that was the bank's and not yours, you should be OK -- if no one lost money.

Make sure that both banks involved have no losses caused by your account transactions. You say that one of the banks bounced a large check to the other. Contact the bank that's now holding an overdraft and make them whole, at once. Above all, communicate with everyone. It's unlikely that either bank will be interested in pursuing legal action if neither has incurred a loss.

Once you've made sure that both banks are whole, cut back to one checking account. You may have to move that account to a bank you haven't dealt with (banks are understandably reluctant to continue dealing with a customer who has come close to burning them). Then be careful to not write checks unless you have collected funds in the account.

Published on BankingQuestions.com 1/23/08