Problem with ply30 member

My point exactly. Justin gave the OP a heads-up that the check might bounce and asked if he could hold off before cashing it. That shows the intent was not to defraud, but that he simply did not have the money. Debt is not a crime, fraud is.
It's the difference between manslaughter and murder. In each situation, someone ends up dead. Someone steps out into the path of your car on the highway and you hit and kill him, it's an accident and therefore manslaughter. No criminal charges, but you are open to civil litigation.
Same car, same person, but in this case you know exactly when and where he's going to cross the highway and so you speed up and run him over. That's murder, a crime and also a civil deal.
All laws are based on intent. What did the person intend to do, not what he actually did. In this case, while Justin has come off as a greedy and dishonorable, neither of those qualities are criminal. They SHOULD be, but they are not.

This is where I disagree based off experience. Passing a check when you know the money isn't there is a criminal offense. I prosecuted more than one person during my many years in business. I have never had a check that wasn't collected by our District Attorney.