What happens if you forged a tax check?

[jpriness73]

What is the name of your state? ohio
can anyone tell me what type of crime forging a signature on a federal tax refund is? I tried looking it up and it seems to be a fifth degree felony. I also cannot find out what the consequence range is? if anything? Thanks for your help.

 

[seniorjudge]

What is the name of your state? ohio
can anyone tell me what type of crime forging a signature on a federal tax refund is? I tried looking it up and it seems to be a fifth degree felony. I also cannot find out what the consequence range is? if anything? Thanks for your help.

https://forum.freeadvice.com/showthread.php?t=322158

double post

Discuss your forgery problems in that thread and don't start a new one.

 

[jpriness73]

I posted that in the wrong area to get any legal advice. I have deleted that thread so that i can get a legal answer/advice. Not just personal feelings.
Thanks!

 

[CdwJava]

What is the name of your state? ohio
can anyone tell me what type of crime forging a signature on a federal tax refund is? I tried looking it up and it seems to be a fifth degree felony. I also cannot find out what the consequence range is? if anything? Thanks for your help.

What was the intent? Why was the signature forged? Who gained what by doing it?

- Carl

 

[jpriness73]

My husband's ex-wife cashed the check. They were separated at the time of the tax filing jointly. They were legally divorced at the time that the advance child tax credit checks were issued. THey each claim one child each. The check was for $800 so my husband was entitled to $400 of the check. He has just found out about the check being cashed she had told him that they hadn't qualified for it but it shows an $800 credit on his tax account. He has asked me to research this and I have tried on the irs website. They told me that we could request a copy of the check which he already did. They also told me that he had until the end of august to do anything with the issue. He wants to know what the punishment could be. This isn't the first time but one of many that she has forged his signature.
The intent was to get money(he paid child support for the kids from the time he left the house so he wasn't behind)
It was for $400
She gained by doing it

 

[CdwJava]

Was his signature required on the check for it to be deposited? Was it made out to him AND her? Or to him OR her?

Simply signing someone else's name to a check is not necessarily forgery. It also generally has to be show that the person not only had no authority to do so but that they did so with the intent to defraud another person.

He can report it to the police and see what they have to say, but it may end up in a civil court rather than a criminal one. If there are prior instances and he did not report these to the police, they are going to want to know why. And this may play into a decision to wash their hands of the matter and consider it a civil issue.

I'm not familiar with Ohio statutes but there is at least one regular poster who is, I believe, an attorney in OH and she might be able to give you some direction if she passes by here.

- Carl