Can You Be Charged With Forgery for Signing Your Ex-s Name to an Insurance Check

[Taxman]

My question involves criminal law for the state of: Texas

Wife and I are going through a divorce. I wrecked my primary vehicle and our insurance company issued a check for repairs. The check was made out to three parties: my wife, myself, and the company that did the repairs. I didn't feel like jacking with her, so I signed her name, my name, and gave it to the body shop. Well that was short sighted of me, as my wife is now calling the insurance company and asking how the check was cashed, etc. To be clear, the Body Shop deposited the check in their business account. I didn't receive any funds, nor have I been paid any funds from the shop. He fixed my truck, and that was it.

My question is can I be charged with forgery? I didn't sign it to defraud or injure her, and the money went directly to the body shop. I've always signed checks like this before, so I also feel like I have a pretty decent case for arguing a "good faith" defense that I assumed I could sign it. I also have a financial Power of Attorney from her, but I can't find a copy of it.

Thanks for any advice.

[flyingron]

Can you be charged: Yes. You could even be convicted. In Texas, forgery only requires that you made the signature without the authorization of the person. That you didn't benefit or the fact that the money went where "you" think it should have is immaterial. In fact, there is good reason the checks are made to require signatures of all the insureds.

Presumably if you had a power of attorney and she hadn't rescinded it you could argue you did have "authorization." Although the fact that you suspected she WOULD NOT have authorized it if you had contacted her, bodes against you. That's going to be your only out. Again, good faith and intent to gain aren't issues in the criminal charge.

However, I suspect any complaint she makes persuant to a divorce action is likely to be taken with bit of skepticism by the police. If the police come to ask about this, you should refer them to your attorney (which you appear to need for the divorce anyhow). You should not try to "explain" your way out of it like you did here as you'd almost certainly give incriminating statements (as you did here).

[jk]

I've always signed checks like this before, so I also feel like I have a pretty decent case for arguing a "good faith" defense that I assumed I could sign it

I’m presuming that was before the divorce. You lose that defense when there is a major bump like a divorce.

[Taxman]

Can you be charged: Yes. You could even be convicted. In Texas, forgery only requires that you made the signature without the authorization of the person. That you didn't benefit or the fact that the money went where "you" think it should have is immaterial. In fact, there is good reason the checks are made to require signatures of all the insureds.

Presumably if you had a power of attorney and she hadn't rescinded it you could argue you did have "authorization." Although the fact that you suspected she WOULD NOT have authorized it if you had contacted her, bodes against you. That's going to be your only out. Again, good faith and intent to gain aren't issues in the criminal charge.

However, I suspect any complaint she makes persuant to a divorce action is likely to be taken with bit of skepticism by the police. If the police come to ask about this, you should refer them to your attorney (which you appear to need for the divorce anyhow). You should not try to "explain" your way out of it like you did here as you'd almost certainly give incriminating statements (as you did here).

I thought the section highlighted in red meant that I have to have the intent to harm or defraud? I do have an attorney in this matter. I just like to do my own research and seek other opinions. If any authority figure asks me about it, I won't speak to them. If I could just find that damned POA, I'd be good to go.

Texas Forgery code:

Sec. 32.21. FORGERY. (a) For purposes of this section:

(1) "Forge" means:

(A) to alter, make, complete, execute, or authenticate any writing so that it purports:

(i) to be the act of another who did not authorize that act;

(ii) to have been executed at a time or place or in a numbered sequence other than was in fact the case; or

(iii) to be a copy of an original when no such original existed;

(B) to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of Paragraph (A); or

(C) to possess a writing that is forged within the meaning of Paragraph (A) with intent to utter it in a manner specified in Paragraph (B).

(2) "Writing" includes:

(A) printing or any other method of recording information;

(B) money, coins, tokens, stamps, seals, credit cards, badges, and trademarks; and

(C) symbols of value, right, privilege, or identification.

(b) A person commits an offense if he forges a writing with intent to defraud or harm another.

(c) Except as provided by Subsections (d), (e), and (e-1), an offense under this section is a Class A misdemeanor.

(d) Subject to Subsection (e-1), an offense under this section is a state jail felony if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument.

(e) Subject to Subsection (e-1), an offense under this section is a felony of the third degree if the writing is or purports to be:

(1) part of an issue of money, securities, postage or revenue stamps;

(2) a government record listed in Section 37.01(2)(C); or

(3) other instruments issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.

(e-1) If it is shown on the trial of an offense under this section that the actor engaged in the conduct to obtain or attempt to obtain a property or service, an offense under this section is:

(1) a Class C misdemeanor if the value of the property or service is less than $100;

(2) a Class B misdemeanor if the value of the property or service is $100 or more but less than $750;

(3) a Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500;

(4) a state jail felony if the value of the property or service is $2,500 or more but less than $30,000;

(5) a felony of the third degree if the value of the property or service is $30,000 or more but less than $150,000;

(6) a felony of the second degree if the value of the property or service is $150,000 or more but less than $300,000; and

(7) a felony of the first degree if the value of the property or service is $300,000 or more.

I’m presuming that was before the divorce. You lose that defense when there is a major bump like a divorce.

I've tried to reply to this a couple of times. Forgive me if it's sending it to you as a PM.

We are not divorced at this time, and I still handle all the household finances. Would that matter?

[flyingron]

Your acts deprived her of the control of that money.

My advice is still the same. STOP making incriminatory statements online, to the police, or anybody else. Act only with your lawyer.

Your POA even if it existed doesn't authorize you to act contrary to her desires.