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  1. #1
    Join Date
    Feb 2008
    Posts
    2

    Default Check Fraud Penalty

    A family member has written 7 checks for a total of $1300.00 from another family member's checkbook. What is the penalty, in the state of Texas, for such an offense.

    All checks were cashed.

    Thank You

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Check Fraud Penalty

    The penalty depends upon many things including the conviction offense(s) and the offender's prior record. The offender should consult a criminal defense lawyer.

  3. #3
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Check Fraud Penalty

    Generally this is a FELONY if they did not have signature rights on the account. ...and it's a FELONY for EACH check. It may also result in a FELONY for "Grand Larceny" or "Grand Teft" for the total amount or one each if any of the checks were over the grand larceny amount for the State of TX.

    I saw a case in Northern Virginia (State of VA vs. Gena Sanford) where she was charged with multiple counts of forgery. Gena Sandord was a Fairfax County School teacher and the charges were actually brought by the school system because her roommate, who is unnamed, filed the charges against her. Ms. Sanford had a small drug problem and was purchasing anti-depressants off the Internet. She, as stated to the court system and her "victim" (that would be the roommate), was using these drugs due to an assault on her person. Why she didn't see a shrink, we don't know.

    Anyhoo, the roommate, a good friend for many years, felt sorry for Ms. Sanford. She agreed that if Ms. Sanford recieved treatment and paid restitution to her and some other guy that Ms. Sanford wronged by bouncing a rent check, the charges could be dropped to a single misdemeanor uttering and her teaching priveleges could be restored.

    Gena had a miracle-worker of an attorney. ...and she had a good friend that supported her.

    Cheers,

    UBF

  4. #4
    Join Date
    Feb 2008
    Posts
    2

    Default Re: Check Fraud Penalty

    Thanks for the responses - it doesn't sound good at all then.
    The person does not have any prior offenses and is a full time student with good grades. I'll advise they get a good lawyer.

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