Started out as Insurance Fraud but because of Statute of Limitations now a theft

Guy gets a friend to "steal" his truck. Theft occurs in County A. Report from County B. "Victim"/Defendant lives in County B. "V"/D receives check (State Jail amount) in County B. Lien holder in County C receives remainder of payoff. Two amounts = 3rd degree. Can I charge "V"/D with third degree theft?

I think you can. The check to the lien holder is for the benefit of the Defendant. I deal with worker's comp insurance fraud and I include benefit checks written to the AG's office for child support in my calculations for determining the level of offense.
You may also want to look at Securing Execution of a Document by Deception as an option.

Logan v. State
89 S.W.3d 619
Tex.Crim.App.,2002.
November 13, 2002 (Approx. 10 pages)


It deals with an insurance claim that is partially valid/partially fraudulent. The court ultimately decides the value ladder for the fraud is for the fraudulent value of the claim. I think that helps you say that the entire claim is fraudulent in this case--regardless of where the money is paid.