You have to wait. >> On May 3rd, 2023, officers in Athens, Georgia responded to a Synovus Bank where a woman tried to cash a check the bank believed was fake. She said she earned it through 3 weeks of gig work. She was arrested. The charge was forgery in the fourth degree under the official code of Georgia Annotated Section 16-9-3, a felony carrying 1 to 5 years. That statute requires two things: possession of a forged instrument and intent to defraud. The first element was never in dispute. The second is where this case gets complicated. >> [music] >> What What's going on with the check you're trying to cash here? They don't think it's real. >> They don't think it's real? >> Mhm. >> It's a gig that I worked that they gave me Okay, so it's from >> Gig you did check with? >> Yeah. >> Okay. >> I worked for Gigsmart. Yeah. It's not real? >> They don't think it is, yeah. So, we just want to make sure you don't knowingly know you're trying to cash a fraudulent check. >> Okay. Well, then if it's all a misunderstanding, it's all a misunderstanding. You got to hold on a minute. >> Yeah. >> Did they get it? Okay. I'll get it in a second. Who's the check from? >> Mhm? >> Who's the check from? >> It's from the gig that I worked with Gigsmart. >> Gigsmart? [music] >> Mhm. >> Okay, we'll talk to y'all in just a minute. >> Thank you. >> Mhm. Um Let me see here. Gigsmart. Who What is What do you do for Gigsmart? What is Gigsmart? >> work different projects and stuff. It's not the first check they sent me. >> You cashed other checks from And they had issues? >> check from Synovus. >> Okay. >> [music] >> What is What do you do for Gigsmart? What is that? >> Um there's different jobs that I can take to work. >> Like what kind of job? >> It's literally different. >> and everything? What do you like? You get on there and and um see what's available or >> And this isn't the only one that I use. I use this with my other There's different apps that I use to work different gigs. This was one that I worked at this truck stop where they were having >> [music] >> And I was just >> So you did What did you do to earn this? >> What did I do to earn this? >> Mhm. >> I worked there for 3 weeks and I was just helping them with their Um it was like a monster truck festival and I was helping them with the reservations and then the cleanings and all that. That was it. I worked there for 3 weeks. >> And then they they they gave it to you or sent it to you or Who was the person that issued it to you? Do you know? >> No, I don't. >> Okay. >> [music] >> 465 Central 11, ready. >> So how do they >> Hold on 1 second. 058 So what now? >> How do they see if that's fake or >> I haven't talked to them yet. Yeah, we got another officer. He'll talk to them when he gets here. Um the only thing we got was there was a female matching your description um trying to cash a uh check that they >> think is fraud. >> figure is fraudulent, yeah. So National on here. Go ahead. It's something that you may not have known it was fraudulent or you know, mistakes are made and we can figure it out. So we just got to investigate it. >> them cuz I need to get paid for what I worked for. That's not right. >> And who do you Who do you contact? >> That's what I'm trying to figure out. >> And what's the name of that site you said? >> GigSmart. >> Like g i g s m a r t? >> Mhm. >> Is it an app? >> Mhm. >> Clear. What's a good phone number for you? >> 706 >> Okay. So Al called GigSmart and you and you saw a job about What did you say? About trucks? >> It was a monster truck festival. >> Monster truck festival. Where was that? Where was it Where was the festival at? >> This was in Harrisburg. >> [music] >> Okay. And then uh you said it was a 3-week thing? Did you have a contact person? >> No, I was I was looking for it. >> Did you get a phone number or something or how did you communicate with who you supposed to work for? >> Um they just sent me um information. Once I accept the gig, they send me the address and what time I'm supposed to be there. >> And you said you received this in the mail? And you're saying you cashed checks from from this monster truck or from what? >> from a different gig. I never cashed a this check before. >> Okay. >> So you're on a different bank. >> Well, that that's your signature and then that's their signature. Is that right? >> This is my signature and she wrote this. >> She wrote it. Okay. Okay. How many gigs have you done through this site? How many? 30 or 40? >> Way more than that. >> Way more than that. I haven't even talked to him yet. Basically, she's telling me that she Gigsmart app where she gets jobs from, she got assigned a job that she accepted at a monster truck show in a Daresbury. She worked there 3 weeks and received that check in the mail. That's her signature. But the monster truck thing, that's the only um >> Mhm. This is the first time I've received a check from them. I mean, it's >> Okay. Who do you bank through? >> Who? >> Who do you bank through? Not a big bank. SoFi. Okay. Well, like I said, we're still figuring things out, but I got to ask, have you ever been arrested, period? >> Uh yes. >> What were you arrested for? >> Um It wasn't my fault. I got a charge for it. They um ran through property and stole the vinyl. >> Somebody else did it in your car? >> And they were 2-years-old. It wasn't >> Why would you do that? >> Stupid and young. >> How old are you now? >> 25. >> How old were you then? >> I don't know. >> Okay. What did they tell you when you went up here and gave them this the check and all that? >> I was just standing there waiting and they told me >> Did they tell you why you was waiting? Was you getting suspicious or anything? Okay. >> You know I mean the first >> I mean I don't know exactly how long you've been here, but >> I'm not feeling comfortable. That's the check, I think. >> I think the first time I came to the group thing. I was just sitting there waiting. I thought it was normal. Excuse me, like I always do. >> I got you. >> Is that crazy? >> You said you don't have a contact person that you was dealing with, right? When did you get the check? >> 29th. >> [music] >> Okay. Oh, okay. How did you get here? Did you drive? Where's your car at? Okay. >> Secure. >> Secure. >> [music] [music] >> You still staying at State, or you staying after tonight? State. >> [music] [music] >> So like I said, right now he just he got to investigate. >> [music] >> As soon as he figures things out and we'll we'll know what's going on. I will say it's kind of doesn't look good as far as you don't have the contact person that you I mean, if I go work somewhere I'm going to know who I need to talk to and you know, and the phone number, name, all that stuff. >> It's like that all all my jobs. I don't have no contact information or anything. I just have the address and >> So, you see a job is available. You click on it and then you can accept it. Does it show the history of you accepting that one? >> Um >> Does it show your job history period? >> Yeah. Now it's not showing my phone. She >> Does it show like the previous month? >> Uh-uh. >> [music] >> No, it don't show the dates, but I think it used to. >> It's not showing that one. >> Mhm. >> When did you work there? You said 3 weeks, but how long ago was that? >> Um April the 1st or 4th. >> Is it the 3rd or 4th? >> I think the 4th. >> That was when you started or ended at 3 weeks? >> Ended. >> [music] >> According to what you're saying, you must have just recently received that, right? >> Mhm. >> April >> 29th. >> So, that's all it is. Can you just hang out by the front of the cars real quick and I'll holler at him and we'll see where we're going from here, okay? So, you can out on the porch. What's up? >> Does she know who this came from though? Like name on the envelope? >> No. No. All the things she's saying is she got that uh She got something out that she gets jobs off of and uh that one popped up. She gets stepped with this from um Monster Jam in Adairsville and uh she worked at Claiming she worked at 3 weeks starting April 3rd or April 4th. And worked 3 weeks and then uh received that in the mail on the 29th. >> All right. That's my issue is like I don't know how hard to talk. Just prove it. I mean don't believe it. I just prove it. >> Whose account is >> It comes back to a shame. >> That's what this account comes back to. Is that a real account here? >> This is a real account. This flag with law fraud. She's actually using this closing her account. This is not real at all. These don't look any These checks she said none of them None of the cashier's checks look like this at all. >> And this lady's already getting a bunch of >> Yeah. >> fraudulent Did they call her? >> Yeah. >> Did she answer? >> Yeah. She said she has no idea what this is. They already have history. >> I told her I told her to pull up their history for the work thing. >> It's not there. >> Oh, she can't provide that. I got to talk to She was trying to pull it up but she couldn't She couldn't show it. I mean we What we can do is ask her again so I can write it All right. So, here here is >> I'm sorry. >> We want you to be honest with us cuz it seems to us that uh that you know what's going on and you never worked at the workplace for 3 weeks. You can't provide any proof of it. >> And I just I don't know why my check isn't showing up. I'm sorry. >> Did you sign a W-9 or a W-2? >> No, it's not. It's a 1099. It's not a um >> Okay. >> Not a actual >> Got you. >> Yeah. >> Did you take any documentation of your 1099 where you signed it? >> The only document- documentation that they give me is at the end of each year everything that >> Okay. Well, you should you should have to sign that 1099 in the beginning and you know >> I've never had to sign a 1099 in the beginning. They always >> Do you have the envelope or anything this came with? So I mean, I'm just going to be up front with you. None of the check except for the person on it is real. The check is completely false. They don't even make cashier's checks that look like this. The cashier's number up here not real at all. The only person and thing that is real out here is it's got your name and then it's got an abbreviated portion of the remitter and again just to be completely transparent with where we're at right now, they are already trying to close that account due to fraud. >> What account? >> This specific account for fraud because people are trying to cash checks fraudulently on her account. >> Oh. >> So, it's enough that they immediately knew this was a fake check and they were able to pull that up instantly. Here's our concern is you can't show me any proof of you actually having been working over there. I've got a fake check and I've got you trying to cash that fake check which in and of itself regardless of anything else is a charge on its own. So, I'm trying to give you the benefit of the doubt. Show me some kind of info. >> Hey, I'm not trying to get in trouble for something and then I need to get paid for what I worked for. >> Yeah, well this this isn't going to do it. >> Yeah, I I know that now. >> Do you have any contact info for anybody you're supposed to contact in regards >> I don't think so. I just I from a pool pool. >> What? >> Pool. >> Three? Is that an indoor pool? >> It's odd to me that everything was just here and now it's gone. >> If what you're saying is true, then you know, by all means. >> I've never been in a situation like this before. Nothing like this. >> This is ridiculous. All the texts I got before >> Never had no issues. Because here's the thing. Let's say you have to take a charge for this and then, you know, later on when you get more information or whatever, then you can go after this whoever else who apparently, what you're saying is saying this whole orchestrating this whole thing to cause you to get trouble. You're saying Monster Jam was there for 3 weeks? >> Huh? >> They were there for 3 weeks? >> I was helping them there for 2 weeks. They wasn't there to sell hot I was helping them set up and then they went and played a game. I helped them with that and then I helped them. I helped them. That was it. >> Where is it at in Terre Haute? >> Do you want the exact address? >> Yeah, like what arena is it at? >> Yeah, it wasn't a nice It wasn't a arena. It was outside, you know. >> What is that address? >> That address? >> Yeah. >> I got So, thumbs up. I'm looking for the gig that works and it's right here. The address, everything. I'm trying to contact support. What am I supposed to um tell them? >> You got to tell them you're you're right here with police officers trying to cash a check that you received through them from working You got to tell them what from working this Monster Jam thing for 3 weeks. >> Is that the only way I can contact them? >> Which is Which is how? >> Just by sending them a support >> They don't have no customer service phone number? >> That's what I'm looking for. Is it okay if he keeps my ID cuz I was headed to the hospital? No? >> What are you going to the hospital for? >> I haven't eaten in since Friday. I'm highly dehydrated. Every time I drink I'm throwing up now. I did. I don't know. >> You were headed to the hospital when? >> Right after I left here. I went to the pool thinking that was going to make me feel better, but >> Where do you live right now? >> I live in the >> Slam dunk case. >> Huh? >> Slam dunk case. >> It's a proven DUI. >> That's what all the guys at the state >> Yeah, but you you have to pay your own ticket. >> Yeah, so this is simple. >> So I'm just trying to make sure there's nothing else that she can be provided on, right? >> I don't think she can be provided anything. >> All right, cool. >> Yeah, well that's all I was asking. She talked about the hospital now that she was on her way to the hospital cuz she was highly dehydrated. >> So if I write her a ticket >> She already has a ticket for that. >> I don't want to write her a ticket cuz I love you know in this situation that wouldn't be good for you. You can't provide. I said, "What would you do if you was in our shoes?" >> I know it looks bad, huh? Cuz it's a ticket. >> Yeah, so I'm just thinking ain't it? >> I don't think so. >> Is it a felony? >> I'm not 100% on that. I just >> I know there's a fourth degree cuz it's >> But yeah. >> All right, cool. >> All right, then. >> Yes, ma'am. No, how do you say it? >> It has an accent. >> Okay. All right, let's You got to turn around back, okay? Cuz you're going to be going for um the possession of the check and criminal mischief in the fourth degree. I got to I got to deal with this guy over here, too. >> Will you lock my car? >> Yeah, yeah, we'll get your car locked. >> Yeah, he he talked to me. I'm trying to >> Oh, he talked to me, too. You got Did you say anything to him or >> I was waiting to talk to him. >> What did he want? >> Um He's uh trying to find a ride to uh uh Winder. >> And >> Cuz he can't get a taxi. >> I have a car >> be able to let you change. >> I'm freezing. >> Is this a dryer? >> No, my stuff underneath it. >> Oh, okay. Well, we're going to go to the jail and we'll get you changed out. Do you have anything on your person other than your phone? Where's your keys at? >> In the car. >> You just left them in the car unlocked? >> I'll wait for you. >> Okay, I'll go around there and lock it up and get your keys. >> I'll drive over and we'll get the keys. >> Okay, I'll get you guys there. >> All right, let's go to the car right here. >> All right, this is my car. You can't leave leave my keys in there. I'm going to get them. >> No, we're not leaving keys in there. Yeah, we got to got to do that. >> Intent is not proved by the fake check alone. Georgia courts require the state to show the defendant knew the instrument was forged. Without that knowledge, there is no crime. That single word knowingly is the entire legal battleground here. The initial contact was consensual. She walked into a bank. She did not flee when police arrived. Under the Supreme Court's decision in Terry versus Ohio, officers need only reasonable articulable suspicion to detain someone for investigation. And a bank flagging a fraudulent check clears that bar easily. But the encounter ran nearly 18 minutes before arrest. That matters. Courts have held, going back to Miranda versus Arizona, that custodial interrogation requires a prior advisement of rights. The question is whether this questioning crossed from investigative detention into custody because no Miranda warnings are audible in this footage before arrest. The Berkemer versus McCarty decision does give officers some room here. Not every detention triggers Miranda. But the relevant test from United States versus Mendenhall is whether a reasonable person in the subject's position would have felt free to leave. 17 minutes of questioning at a bank where police are holding your ID is a hard case for the prosecution to make. If a court suppresses her statements, the state loses most of its evidence. The check is still real. The attempt to cash it is documented. But the entire narrative she offered explaining the GigSmart gig, the Monster Jam job, the timeline gone. That changes the evidentiary picture significantly. On the probable cause question, the standard under Illinois versus Gates is the totality of the circumstances. By the time the bank employee confirmed the check was entirely fabricated, that the named account holder had no knowledge of it, and that the account was already being closed for repeated fraud, probable cause existed. The arrest was legally supported at that point. Here is the detail that changes the frame. The account on that check belongs to a real person who is herself a victim. Her account was being closed because multiple fraudulent checks had already been run through it. That is the signature of a specific, documented scheme, not random forgery, but organized fraud targeting gig economy workers as the delivery mechanism. The Federal Trade Commission has documented this exact model. Bad actors post fake jobs on legitimate platforms, instruct workers to complete minimal tasks, or simply send an address, then mail counterfeit cashier's checks as payment. The worker tries to cash it. The worker gets arrested. The people who built the scheme are never in the bank. She could not pull up the GigSmart job in her app history. Officers correctly flagged that as suspicious, but it does not prove guilt. Gig platforms routinely remove completed or disputed listings, and workers rarely screenshot their job acceptance confirmations. The absence of a digital record is a gap, not evidence of fabrication. Now for the grades. The primary officer receives a B+. He gave her time to speak. He laid out the evidence honestly and directly, without condescension. He told her that if she was telling the truth, she had been victimized by whoever built the scheme, and that she had legal recourse against them. That is professional conduct. The B plus, rather than an A, comes down to one gap. No Miranda advisement before 17 minutes of substantive questioning. Officers should know the line between investigative detention and custodial interrogation. When that line blurs, the safe move is to read the rights. Not doing so exposed this prosecution to a suppression motion. The backup officer who handled the bank liaison role receives an A minus. He gathered the key evidence, the bank's confirmation, the account fraud history, the account holder's denial, and relayed it accurately. That information formed the backbone of the probable cause determination. Efficient, clean, exactly what that role requires. The subject receives a B minus. She stayed. She did not run, did not resist, did not escalate. She maintained a consistent account under sustained questioning. When the handcuffs went on, she complied immediately. That composure likely prevented additional charges and preserved her credibility for any future defense. Where she falls short is documentation. She had no contact information for her employer, no screenshots, no correspondence, no envelope the check arrived in. Gig work does not generate the same paper trail as traditional employment, but that is exactly why workers need to create their own. One screenshot of a job acceptance can be the difference between a dismissed case and a felony on your record. She also disclosed she had not eaten since Friday and was dehydrated heading to the hospital. Officers acknowledged it. What is not visible in this footage is any documented medical evaluation before booking. That creates a duty of care question. Departments are legally obligated to address medical needs of people in custody and will deal with it at the jail is not always sufficient documentation. Lessons from this footage. First, for law enforcement. When an investigative detention runs past 10 to 15 minutes and the subject is clearly not free to leave, read the rights. The cost of doing it unnecessarily is zero. The cost of not doing it when a court later decides it was required is the entire case. Second, for anyone working gig economy jobs, screenshot everything. The job posting, the acceptance confirmation, any messages from whoever hired you. If a check arrives in the mail, photograph the envelope and the check before you ever step foot in a bank. These are not excessive precautions. They are basic protection in a space with almost no legal accountability. Third, the broader point. Gig economy paycheck scams are designed to make workers look guilty. The people who build these schemes count on the fact that the worker has no documentation, no contact person, and no way to prove the employment was real. Arrest the worker, walk away clean. This case is a textbook example of exactly how that model works. If she was telling the truth, and the pattern of the fraud strongly suggests she may have been, >> [snorts] >> then the criminal justice system in this case processed a victim as a defendant. That is not a failure unique to these officers. It is a structural problem with how check fraud law was written before gig work existed as a category. The charge was forgery in the fourth degree. The outcome of any prosecution is unknown, but based on what this footage shows a consistent account, a documented fraud pattern targeting gig workers, and a real account holder who is herself a victim, reasonable doubt is not a stretch. It is the starting point. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching, and don't forget to check out our channel for even more police interaction and courtroom content.