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Theft of Checks and Appropriate Charge

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/7923022095

June 27, 2002, 10:27
Heather A Masten
Theft of Checks and Appropriate Charge
I am trying to assimilate a Texas PC Section in a situation where the suspect stole blank checks from his ex-girlfriend, presumably made them out to himself for $300 each, then cashed them at a military base exchange without and endorsement.

I have the option to file one count on the information under 18 USC 641, Theft of Govt Property--for the money he received when he cashed the check.

Question posed: How do you normally, if at all, charge the theft of the check? Would you also charge the forgery?

Would appreciate guidance as to the State charges.

Thanks!
June 27, 2002, 12:25
Martin Peterson
His initial conduct seems to violate sec. 32.24, P.C. Making out the checks so that they purported to be the act of the account holder was an act of forgery (since he seems to have had the intent to defraud) without regard to the lack of an endorsement under sec. 32.21(a)(1)(A)(i), P.C. He can also be charged with the theft.