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Former Director's Name Was Forged to Checks

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  • 02-06-2018, 12:50 PM
    Nonprofit930
    Former Director's Name Was Forged to Checks
    My question involves criminal law for the state of: Michigan

    In 2016, I resigned as a director of a nonprofit. The board President, without a board meeting, chose to lock me out of my office before the date of the resignation took place. For over a month, my signature was printed on checks used to manage Social Security funds (we are a Social Security payee) and for checks written against the nonprofit’s funds. I had no control over these checks and did not authorize them to use my signature. At the time, I was experiencing a major depressive disorder and was under the care of a psychiatrist. The board knew this before they locked me out. I was unable to pursue a criminal case at the time due to my condition.

    Would this constitute forgery on the Board’s behalf?
  • 02-06-2018, 01:00 PM
    PayrolGuy
    Re: Forgery, Nonprofit
    Not if you pre-signed the checks.

    Even if a crime took place here, you aren't the victim.
  • 02-06-2018, 01:10 PM
    Mr. Knowitall
    Re: Former Director's Name Was Forged to Checks
    Quote:

    Quoting MCL 750.249. Forgery of records and other instruments; uttering and publishing; exception.
    (1) A person who utters and publishes as true a false, forged, altered, or counterfeit record, instrument, or other writing listed in section 248 knowing it to be false, altered, forged, or counterfeit with intent to injure or defraud is guilty of a felony punishable by imprisonment for not more than 14 years.

    (2) This section does not apply to a scrivener's error.

    Even if they were writing or stamping your name on the checks after you ended your service, if the money was being directed to the proper recipients there would not be any intent to injure or defraud; just a poor business practice.
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