TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Forgery without a victim?
Go
New
Find
Notify
Tools
Reply
  
Forgery without a victim? Login/Join 
Member
posted
Here are the facts:

Three (maybe four) individuals write checks on a closed joint account.

The joint holders are now divorced.

The name of one of the account holders is signed to the checks.

The other account holder files a forgery affidavit.

There are statements that the account holder whose name was forged gave the checks to our suspects and told them to cash checks on the account.

I don't believe I have a forgery (because the forged signature does not belong to the individual filing the forgery affidavit, and the statements from suspects that they were given the checks by the account holder.)

About $1100 total cashed.

Do I have an offense? Any ideas will be greatly appreciated.
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
Member
posted Hide Post
While a forgery offense would be difficult (due to the alleged authorization of the joint account holder), you may have a theft (by check) if the defendants obtained any goods, services, etc. Based on the amount you indicated, it looks like a Class A. Or you could perhaps proceed under PC 32.41 (Issuance of Bad Check) - but only a class C. You may even be able to proceed against the account holder who gave the bad guys the checks under PC32.41. You should probably seek a statement from the account holder who gave the checks to the bad guys that they had his permission BUT it seems unlikely that he would voluntarily make such a statement. Maybe subpoena him (her?) to grand jury when presenting the forgery case against the guys who cashed the checks and see what his testimony is?
 
Posts: 325 | Location: Texas, USA | Registered: November 16, 2004Reply With QuoteReport This Post
Member
posted Hide Post
H & W each had authority to withdraw the entire amount in the account (at least so far as the bank was concerned) while it was open. Presumably they each knew when the account was closed. Thereafter neither H nor W had authority to write checks on the account, nor could either grant such authority to another. However, say H for whatever reason, gave A a blank check and said sign my name on the check and go get some goods or services with it. Obviously W's affidavit that the check was signed without H's authority would likely not be based on personal knowledge. W could probably say the account was closed and no one thereafter had legal authority to sign either my or H's name. A is likely to claim mistake of fact, both as to forgery charge and as to a theft charge. H, however, can be held liable for A's theft (as a party), since H knew the check would never be honored. If you can somehow show A knew the facts (i.e., that the account had been closed), then A is also guilty of theft.

If your facts were that W told A to sign H's name on the check, then both W and A are guilty- of both forgery and theft, but you would need H's affidavit to prove he did not authorize anyone to make the check with his signature.
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Forgery without a victim?

© TDCAA, 2001. All Rights Reserved.