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Thread: Forgery?

  1. #1
    unhappycamper Guest

    Forgery?

    What is the name of your state? MA

    I have been suspended from work (pending results of an investigation) partly due to a forged check presented as evidence that I accepted payment from a vendor/freind. I had borrowed money from this person in cash, and made re-payment as a check. The person must have written a check from their account, signed my name, cashed it at their bank and gave me cash. Is this forgery? Can I go after this person? What kind of penalties could they face?
  2. #2
    Boxcarbill Guest

    Re: Forgery?

    Originally posted by unhappycamper
    What is the name of your state? MA

    I have been suspended from work (pending results of an investigation) partly due to a forged check presented as evidence that I accepted payment from a vendor/freind. I had borrowed money from this person in cash, and made re-payment as a check. The person must have written a check from their account, signed my name, cashed it at their bank and gave me cash. Is this forgery? Can I go after this person? What kind of penalties could they face?
    You expect us to believe that someone wrote a check on their own account but forged your name as the payor (or made you the payee and forged the endorsement ) on their own account so that they could give you the money. Give me a break!
  3. #3
    unhappycamper Guest
    Well lets see...yes that is exactly what happened. I needed the cash on a saturday morning for a private party out of the country (Canada) car purchase. I could only pick up the loan on a Friday afternoon and could not get to them before the banks closed. The only way the situation would work out was to have cash. They had already written the check to me, so they then signed my name and gave me the cash. All was well for many months until the freindship went bad. Then this all happened.
  4. #4
    Boxcarbill Guest
    Originally posted by unhappycamper
    Well lets see...yes that is exactly what happened. I needed the cash on a saturday morning for a private party out of the country (Canada) car purchase. I could only pick up the loan on a Friday afternoon and could not get to them before the banks closed. The only way the situation would work out was to have cash. They had already written the check to me, so they then signed my name and gave me the cash. All was well for many months until the freindship went bad. Then this all happened.
    So the alleged "forgery" was of your name. So who is the complaining party of this "forgery"? Or put another way, who is complaining of being the injured party of the alleged forgery?

    [Sidenote: Here was the simple and I might add obvious solution for the payor. Write "void" on the check which had been made payable to you. Write out another check on their account made payable to "Cash." Cash the check and give you the money. But we are to believe that they forged the payee's name on a check on their own account in order to forge their own designated payee's name. I fail to see what the purpose would be but more importantly I fail to see who the complaining party is.
  5. #5
    unhappycamper Guest

    Forgery?

    So the alleged "forgery" was of your name. So who is the complaining party of this "forgery"? Or put another way, who is complaining of being the injured party of the alleged forgery?

    [Sidenote: Here was the simple and I might add obvious solution for the payor. Write "void" on the check which had been made payable to you. Write out another check on their account made payable to "Cash." Cash the check and give you the money. But we are to believe that they forged the payee's name on a check on their own account in order to forge their own designated payee's name. I fail to see what the purpose would be but more importantly I fail to see who the complaining party is.

    Let's try again.... I borrow money from a person who is a freind of mine and a vendor of the company I work for. I receive cash. I pay this person back via check. Months go by...we have a fight. This person sends a copy of a check to my company claiming that it was a payoff that I demanded. The check was for the amount of the loan. I never received a check, I received cash.
    Bottom Line is the check was falsified. I never signed it, yet it has a signature of my name, cashed at their bank.
    Now, I would like to be the person to file the charges. I will probably loose my job over this and will want to get back at this person for what they did.
    Your Side note is obvious. The easy thing would have been to write a check to cash. However writing a check to cash from a company brings tax implecations. By having another persons name on it becomes an expense. That is the only reason I could figure that they would have done this. I would not be on this website trying to find out information if I had signed the check. I have been wronged here and am trying to find out if I have any legal recourse.
  6. #6
    Souix is offline Senior Member
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    I've been following this thread because initially it seemed sort of bazaar and poorly written. Now I think I get it. You are saying that this person forged your signature on the back of the check as an endorsement of the check. Why would they do this? and What is the alleged "payoff" for?
  7. #7
    Boxcarbill Guest

    Re: Forgery?

    Originally posted by unhappycamper
    So the alleged "forgery" was of your name. So who is the complaining party of this "forgery"? Or put another way, who is complaining of being the injured party of the alleged forgery?

    [Sidenote: Here was the simple and I might add obvious solution for the payor. Write "void" on the check which had been made payable to you. Write out another check on their account made payable to "Cash." Cash the check and give you the money. But we are to believe that they forged the payee's name on a check on their own account in order to forge their own designated payee's name. I fail to see what the purpose would be but more importantly I fail to see who the complaining party is.

    Let's try again.... I borrow money from a person who is a freind of mine and a vendor of the company I work for. I receive cash. I pay this person back via check. Months go by...we have a fight. This person sends a copy of a check to my company claiming that it was a payoff that I demanded. The check was for the amount of the loan. I never received a check, I received cash.
    Bottom Line is the check was falsified. I never signed it, yet it has a signature of my name, cashed at their bank.
    Now, I would like to be the person to file the charges. I will probably loose my job over this and will want to get back at this person for what they did.
    Your Side note is obvious. The easy thing would have been to write a check to cash. However writing a check to cash from a company brings tax implecations. By having another persons name on it becomes an expense. That is the only reason I could figure that they would have done this. I would not be on this website trying to find out information if I had signed the check. I have been wronged here and am trying to find out if I have any legal recourse.
    With all due respect, I cry, "B u l l s h i t." You were not wronged. The money came out of the owner's account which is NOT your account. As to your crap about business account and expenses. Let me explain something. Even if this check written to you, had been written on the business account, that does not translate that every check written on a business account is an expense nor does even translate that every legitimate business expense written on the business account must be taken as a deduction. ( It drives my CPA to distraction that I always have him hold out a business expense deduction just in case there is an IRS audit and a mistake is found, then I have another deduction that I failed to take. ) So why don't you send your company the cancelled check that you paid him. Then we have the basis for a loan by him to you and a cancelled check from your account made payable to him for the payback of the loan? You are going to have to do much better than you have done so far to make a case against this guy for anything!
  8. #8
    unhappycamper Guest

    Forgery?

    With all due respect, I cry, "B u l l s h i t." You were not wronged. The money came out of the owner's account which is NOT your account. As to your crap about business account and expenses. Let me explain something. Even if this check written to you, had been written on the business account, that does not translate that every check written on a business account is an expense nor does even translate that every legitimate business expense written on the business account must be taken as a deduction. ( It drives my CPA to distraction that I always have him hold out a business expense deduction just in case there is an IRS audit and a mistake is found, then I have another deduction that I failed to take. ) So why don't you send your company the cancelled check that you paid him. Then we have the basis for a loan by him to you and a cancelled check from your account made payable to him for the payback of the loan? You are going to have to do much better than you have done so far to make a case against this guy for anything!

    I wish someone else without the attitude would respond here! I do not care if you believe this or not, nor do I care to hear your accounting theories. I am not asking how to respond to my company. What I am asking is: If someone else signs your name on a check (other than wife or some one with specified power of attorney), would that be considered forgery?
    Someone else please!
  9. #9
    Souix is offline Senior Member
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    Ok here ya go. Webster's Dictionary:

    Forgery: to make or imitate falsely esp. with intent to defraud (a signature)

    Fraud: cheat, trickery, trick, deceit, imposter


    Hope that answered your question.

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