Credit fraud
March 16, 2010 | 30,00 EUR | answered by Andreas Scholz
My employer terminated my employment as of February 28, 2010. Since I had overdrawn my checking account, I applied for a loan of €2,000.00 from an internet bank, as I knew that the requirement for a loan was the last two pay slips, which I still had from my employer. When signing the loan agreement, I had to provide my employer's information. However, I cannot remember whether I indicated whether my employment was temporary or permanent. In any case, the bank contacted my former employer as they had some questions. The bank was informed that my employment was terminated on February 28, 2010 and I was on leave (was they even allowed to do that?). The bank informed me about this over the phone and warned me that they would investigate me for credit fraud. Indeed, I have now received a summons for investigation into credit fraud. This questioning will give me the opportunity to respond to the allegations, clarify the suspicions, and present any facts that speak in my favor.
How can I get out of this situation? I have never done anything wrong before, and I have a completely positive credit history. The whole situation is embarrassing and unpleasant for me.
Thank you for your help.
Dear questioner,
first of all, as a suspect, you do not have to provide any information to the police, the public prosecutor's office or the court.
If you have been summoned by the police, you do not need to appear, you also do not have to notify them.
If you have been summoned by the public prosecutor's office, you must appear, but you do not have to make a statement.
Whether you should actually respond to the accusation depends crucially on what information you have provided to the bank. Until you have not thoroughly investigated this again, you should not provide any information.
The public prosecutor's office would have to prove an (attempted) fraud. The only evidence at the moment are likely the statements of the employer (and it is not relevant what information the employer has provided to the bank, rather the public prosecutor's office can hear the employer as a witness and the employer would have to make truthful statements) and your statements to the bank. If it does not emerge from the information you provided to the bank that you mistakenly stated an indefinite employment relationship, the investigations are likely to be discontinued due to lack of suspicion. However, if you did actually state an indefinite employment relationship, the investigations are unlikely to be discontinued. In that case, it would be up to the public prosecutor's office to prove that you deliberately made false statements. I recommend that you request access to the files through a defense attorney and seek legal advice after reviewing them.
I hope this information has been helpful to you. If you have any further questions or uncertainties, feel free to use the follow-up function.
Sincerely,
Andreas Scholz, Attorney at Law
