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Any suggestions on how to charge forgery when you do not have an individual whose name has been forged? The acct number on the check was never an acct number at the bank. The person's name on the check exists, I think, but we cannot locate him? It is a misd amt of goods, and would like to keep this as a felony. Any suggestions would be welcomed!!
 
Posts: 41 | Location: Abilene, Taylor Co., TX. | Registered: January 16, 2002Reply With QuoteReport This Post
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Whenever we encounter fake checks - and it happens a lot, we'll allege the writing purports to be the act of any person, or entity we can find, who/which actually exists.

Failing that, you could allege that the bank is whose writing is forged, if the bank prints checks for its customers. I've also alleged the person/entity whose writing is forged to be a fictitious person/entity before too, when the criminal just pulls names out his behind.

One time, one of the real things I had was the account number on a counterfeit check. I alleged that it purported to be the act of this account holder, even though that account holder's name was not on the counterfeit check, but the "good" routing number caused the check to appear viable to the check-system. In that case, I also alleged the writing purported to be that of the bank too, since the bank was also real.
 
Posts: 124 | Location: West Texas | Registered: June 25, 2003Reply With QuoteReport This Post
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"did with intent to defraud or harm another issue, pass, or otherwise utter a writing purporting to be a check that was forged in that it had been made or executed so that it purported to the act of Mickey Mouse, a fictitious person (entity) who did not (or could not) authorize that act, which writing was of the tenor as follows:"

See also Who Dun It

[This message was edited by Martin Peterson on 06-25-03 at .]
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
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