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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23167
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have excellent proof of forgery and fraud by the ex wife

Customer Question

I have excellent proof of forgery and fraud by the ex wife working for an insurance company. It is a whole life policy in my name, the policy holder, and the person paying on that. She is listed as the beneficary only. She signed my name to that policy and lied on the medical questions. She had taken a loan against that policy and there again must have forged all of that because I knew nothing about any of this. I want to know how to press the charges against her and the company.
JA: Has anything been filed in court yet?
Customer: No
JA: Have you talked to a lawyer yet?
Customer: I did send to the state commissioner and the State
JA: Anything else you think the lawyer should know?
Customer: I did send to the state commissioner and the State attorney. The state Attorney basically said it should be pursued and talk to an attorney. The attorney I spoke to said the least costly way is to file charges first. He would have been very costly.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 4 months ago.

You report a crime by going to the police and letting them know you'd like the state to press charges. The difficulty is that you've already spoken to the State Attorney who has told you to get a lawyer. That likely means they see this as a civil matter and believe it belongs in civil court.

Obviously, it's cheaper for you to have the state prosecute than it is to have to pay a lawyer, but the burden of proof is more favorable to you in civil court than it is to the prosecutor in criminal court. And because husbands and wives sign each other's signature regularly, with actual or implicit permission, even though your situation makes out fraud and forgery, a criminal jury may not find guilt beyond a reasonable when the defendant is a former spouse.

If the police and prosecutor won't go forward with this, there is no appeal procedure. A prosecutor has complete discretion to decide for himself what cases to take on and which to turn aside. Nobody, not even the President of the US can compel a prosecutor to charge a defendant if the prosecutor does not wish to do so.

So all that you can do is to report the crime to the police and see what they tell you. If the police tell you it's a civil matter, you can go over their heads to the state attorney and report the crime there and see if you can change the prosecutor's mind. If he's unwilling, however, you would have to hire a civil lawyer and sue your ex and the insurance company for the fraud.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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