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Forgery?

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Spongiform

Junior Member
What is the name of your state (only U.S. law)?
This happened in west virginia.

A friend of mine is separated from his wife and in the process of getting a divorce. She stole a check out of his checkbook, signed his name on it and cashed it for $200.

What law(s) does this fall under and what are the penalties if we were to press charges?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)?
This happened in west virginia.

A friend of mine is separated from his wife and in the process of getting a divorce. She stole a check out of his checkbook, signed his name on it and cashed it for $200.

What law(s) does this fall under and what are the penalties if we were to press charges?
YOU cannot do anything. Is this "friend" your lover?

When did she "steal" a check out of his checkbook and cash it?
 

Spongiform

Junior Member
YOU cannot do anything. Is this "friend" your lover?
I don't see how this is relevant to my question about the laws/penalties for forgery in west virginia.

When did she "steal" a check out of his checkbook and cash it?
About 3 weeks ago.

So has your "friend" reported this to the police and to the bank?
No, it's his wife, the mother of his children. He was afraid that his kids would blame him for "putting mommy in jail" so he choose not to report it at the time.

He's been very polite / nice about the divorce, trying to keep things as civil as possible. Meanwhile she's not letting him see his kids, filing false reports, stealing money, spreading rumors and so forth and so on.

So now he really has no choice but to bring this up now. I told him I'd try to find out what the laws concerning the check, so here I am.
 

Isis1

Senior Member
I don't see how this is relevant to my question about the laws/penalties for forgery in west virginia.



About 3 weeks ago.



No, it's his wife, the mother of his children. He was afraid that his kids would blame him for "putting mommy in jail" so he choose not to report it at the time.

He's been very polite / nice about the divorce, trying to keep things as civil as possible. Meanwhile she's not letting him see his kids, filing false reports, stealing money, spreading rumors and so forth and so on.

So now he really has no choice but to bring this up now. I told him I'd try to find out what the laws concerning the check, so here I am.
the time to do anything about it, would have been back then. not NOW when he has an axe to grind.
 

Spongiform

Junior Member
Ok, legal questions aside.. what the HELL is wrong with you people? Seriously?

I came here asking what I thought was a simple legal question and instead of getting any sort of answer I get :



1:
YOU cannot do anything.
I mentioned ME doing anything, this is purely an information request.

2:
Is this "friend" your lover?
What does this have to do with forgery?

3:
the time to do anything about it, would have been back then. not NOW when he has an axe to grind.
What source are you using to determine what the acceptable timeframe of reporting a crime is? Who said he had an axe to grind? I stated that he is being forced to defend himself against false claims.

The phrase "axe to grind" refers to the need for revenge.

4:
...But I guess that is not good enough for you, huh
So, based on my information request, you've determined that something isn't good enough for me?

Anyway, I did some more searching myself and found this under the west virginia legal code:

§61-4-5. Forging or uttering other writing; penalty; creation of unauthorized demand draft.
(a) If any person forge any writing, other than such as is mentioned in the first and third sections of this article, to the prejudice of another's right, or utter or attempt to employ as true such forged writing, knowing it to be forged, he shall be guilty of a felony and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years, or, in the discretion of the court, be confined in jail not more than one year and be fined not exceeding five hundred dollars.

West Virginia Code
 

I_Got_Banned

Senior Member
YOU cannot do anything.
I mentioned ME doing anything, this is purely an information request.
That's not what you said in your original post... The question you asked was:

what are the penalties if we were to press charges?
And the answer Ohiogal posted telling you that YOU cannot do anything, is correct in that it is HIS check, HIS account, HIS $200, HIS ex-wife, and therefore, the decision to report the matter is up to HIIM!
 

Spongiform

Junior Member
I suppose that's my fault then, I meant to say HE, not we.

I have no direct involvement in this other then a shoulder to lean on.
 

Ohiogal

Queen Bee
I don't see how this is relevant to my question about the laws/penalties for forgery in west virginia.
It is relevant in the overall situation. He is a married man who -- if you are his new squeeze -- has a biased view of the whole story. You also have a reason for mom to be penalized. Also you may not be getting the full truth from dad.
About 3 weeks ago.
Were they separated then? How recent is the separation? Was this a joint account? Has dad allowed mom to cash checks and acted as his agent with his signature in the past? For what was the $200 used?
No, it's his wife, the mother of his children. He was afraid that his kids would blame him for "putting mommy in jail" so he choose not to report it at the time.
There may be other reasons why he doesn't want mommy put in jail.

He's been very polite / nice about the divorce, trying to keep things as civil as possible. Meanwhile she's not letting him see his kids, filing false reports, stealing money, spreading rumors and so forth and so on.
What proof do you have that she is STEALING money? You are very invested in this situation, aren't you? She doesn't have to let him see his children if there are no court orders.

So now he really has no choice but to bring this up now. I told him I'd try to find out what the laws concerning the check, so here I am.
It is NOT as cut and dried as you stated. Dad can have issues. Mom may not have done anything illegal.
 

Ohiogal

Queen Bee
To back up what I stated

183 W.Va. 509
State v. Kelly
396 S.E.2d 471 which states:
To sustain a conviction for forgery under W.Va.Code, 61-4-5 (1961), the State must prove the following elements: (1) that the accused falsely made or altered a writing; (2) that he or she did so with intent to defraud; and (3) that the writing so created or altered is of such a nature that if it were genuine it could prejudice the legal rights of another.
and

. Kelly also argues that if authority is given to sign someone's name, there can be no forgery, citing State v. Sotak, 100 W.Va. 652, 131 S.E. 706, 46 A.L.R. 1523 (1926). Even if we overlook the fact, as Mrs. Kelly does, that under the testimony, her husband authorized only her to sign his name and not the bald man, she still cannot prevail. Sotak involved a partnership agreement which the defendant asserted gave each partner an implied right to withdraw funds from a joint account by signing the partnership name.
While this case went the other direction it points out what I am trying to get answers to. Did she have his authority to sign? For what did she use the money? And again, who YOU are matters. Are you his mistress? There is a reason for that question.
 

Spongiform

Junior Member
Here's the full story, as far as I know and for the record, I have absolutely zero involvement, aside from knowing about it.

She moves out, takes the kids with her.

A week later she comes by on the pretense of retrieving belongings. While she's there she takes a check out his checkbook. Fills it out, signs his name and cashes it. No idea what it was spent on.

Later that night or the next day she messages him informing him of the theft.

He chooses not to report it, for his daughter's sake.

A few weeks later, after not having seen his kids in a week he goes to visit. She tells him to leave, he leaves without incident.

The next day he receives a FPO, where she claims he's violent and unstable.

Meanwhile, he's been paying for the kids daycare ($600month), buying them groceries, paid for mom's child car insurance.
She left him with lots of bills to pay. Took her phone off the family plan and left him with a $400 cell phone bill to pay alone (she has a job).
She's been going out bar hopping/partying every weekend. Called him one night and told him she was taking some guy home.

Bear in mind, her bank account is overdrawn, her car is close to being repossessed etc. etc. and she's going out bar hopping every weekend.

So, forgery aside - what is he supposed to do now?

He can't even afford a lawyer right now. He's working full time and going to college part time.
 

Ohiogal

Queen Bee
Here's the full story, as far as I know and for the record, I have absolutely zero involvement, aside from knowing about it.
I can tell you, you don't know the full story.
She moves out, takes the kids with her.

A week later she comes by on the pretense of retrieving belongings. While she's there she takes a check out his checkbook. Fills it out, signs his name and cashes it. No idea what it was spent on.
And that is a problem. You also don't know if he authorized her to write other checks on his account or if the money benefited him.
Later that night or the next day she messages him informing him of the theft.
may not have been theft. Theft is a legal conclusion. What you know is she took a check from a checkbook that he claims as his. But whose names are on the account?

He chooses not to report it, for his daughter's sake.
Then he made a choice.

A few weeks later, after not having seen his kids in a week he goes to visit. She tells him to leave, he leaves without incident.
Okay. What did he do during that visit?

The next day he receives a FPO, where she claims he's violent and unstable.
Maybe he is.
Meanwhile, he's been paying for the kids daycare ($600month), buying them groceries, paid for mom's child car insurance.
Child car insurance?

She left him with lots of bills to pay. Took her phone off the family plan and left him with a $400 cell phone bill to pay alone (she has a job).
So it was for HIS phone?

She's been going out bar hopping/partying every weekend. Called him one night and told him she was taking some guy home.
Okay.And you got this second hand from him?

Bear in mind, her bank account is overdrawn, her car is close to being repossessed etc. etc. and she's going out bar hopping every weekend.
And where are the children?

So, forgery aside - what is he supposed to do now?
He can file for divorce. He can file for temporary orders.

He can't even afford a lawyer right now. He's working full time and going to college part time.
he has choices to make.
 

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