Spouse forged signature on letter to investment company. Once checks were sent to home address, spouse forged endorsement and deposited into her account. Spent money on everything.
Can she be criminally charged or will they use the legally married answer to push it to civil court.
2006-07-19 10:52:45 · 15 answers · asked by BD3 D 1 in Politics & Government ➔ Law Enforcement & Police
Forgery is forgery. If you or the DA press charges, she can be charged for forgery.
The only thing your marriage does would be to protect you from being forced to testify against her if you didn't want to - IE, the DA pressed charges against her for the forgery, but you decided to forgive her - the DA couldn't force you to testify.
But if you want to testify....
Now, the DA may not want to press criminal charges, because there isn't enough evidence, they're afraid you'll change your mind about testifying, etc. If that's the case, all you can really do is be firm with them and insist on pressing charges, or take it to civil court.
BTW: Recent court precedents have given forgery a pretty broad definition - you can be charged with one count of forgery for EVERY document you falsify - so forging your signature on a check is only one part of it - the letter would be a seperate forgery count, and if she created any necessary supporting documents with false or misleading information, regardless of whether or not there was a signature on it. however, if they are joint accounts and she had signature rights, then it's not considered forgery.
2006-07-19 11:25:59 · answer #1 · answered by Chris H 4 · 0⤊ 0⤋
Of course it's illegal, it's fraud. She's not you she shouldn't be pretending she is. Even if you told her to sign your name, it's still illegal. So yeah she can be charged with forging a signature, however because you are married the assets she acquired may be half hers depending on legal arrangements made before the marriage. Now if you personally charge her it may go to civil, but I'm sure the investment company can make it go to criminal. I hope she realizes how serious an offence that is. Good Luck Pal.
2006-07-19 11:57:13 · answer #2 · answered by Joshua Pettigrew 2 · 0⤊ 0⤋
Yes. Forged the signature and used the money, this is consider Cheating....a criminal case, no way to push to civil court.
2006-07-19 23:09:02 · answer #3 · answered by Tan D 7 · 0⤊ 0⤋
Forgery is forgery. Unless you're physically unable to sign your own name, she has no right to do so. Considering what it was forged on, I'd say contact a lawyer. The only thing being married protects someone from is testifying against their spouse.
2006-07-19 10:57:05 · answer #4 · answered by ★Fetal☆ ★And ☆ ★Weeping☆ 7 · 0⤊ 0⤋
That depends on the situation.
If they have a joint account than forging her husbands signature would not be necessary.
I f they had separate accounts or if they were separated than it would be a crime.
2006-07-19 11:19:15 · answer #5 · answered by rossj12003 5 · 0⤊ 0⤋
Yes, you can have your wife prosecuted. The law is that you can't be forced to testify against you spouse, but nothing saying you willingly can't.
2006-07-19 10:57:29 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes the spouse can indeed be prosecuted! It has happened in ALL jurisdictions in the USA.
2006-07-19 10:55:54 · answer #7 · answered by cyanne2ak 7 · 0⤊ 0⤋
It can still be construed as forgery without a power of attorney to sign another's name.
2006-07-19 12:16:09 · answer #8 · answered by midnightdealer 5 · 0⤊ 0⤋
I think if the husband wants to press charges, you can be in a lot of trouble.
2006-07-19 10:56:26 · answer #9 · answered by sheeny 6 · 0⤊ 0⤋
Unless she had power-of-attorney, it is forgery and is a crime. If she had power-of-attorney, it is not forgery. It could still be fraud. I need more info to form an opinion. BTW, I am not an attorney.
2006-07-19 14:21:48 · answer #10 · answered by STEVEN F 7 · 0⤊ 0⤋