Girl goes to a couple of people w/checks - some that are filled out and signed and some that are just signed, but nothing else filled out. Tells people that the checks were given by the account holder for whatever. But she doesn't have an I.D. so can't cash them. Has couple of people cashing the checks for her.
She fills in the Name of my defendant and all the other info. Gives it to him. He goes to convenience store and endorses the back and cashes it for the lady. She gives him a couple of bucks for it. Does the same thing for def. girlfriend. Def. knows about it. States he figured something was wrong. States he told girlfriend didn't think checks were good, etc. Has knowledge that several others are doing same thing.
Is endorsing the back of a check that you know or should know is stolen Forgery? By signing own name, is he "authenticating that act so that it puports to be the act of another who didn't authorize the act?
Or should we/could we go Engaging in Org. Crim. Activity based on theft? (This is a Juvi. case (16 year old), but usually get more action on this forum so posted here). Would like to make it a felony if at all possible.
His endorsement of the check itself is not a forgery, since his signature does not purport to be the act of another. However, if he knows the check is forged, then he is both possessing and passing a known forgery, which both qualify as offenses. In other words, he is guilty of forgery for passing the check, but not for the signing of his own name on the back.
Thank you, Wes. Missed "Pass" completely.
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.