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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29994
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My sister forged my name on an insurance check and cashed it

Resolved Question:

My sister forged my name on an insurance check and cashed it and moved out of state. What is the punishment for forgery.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 6 years ago.

Lucy, Esq. :

Hi, My name is XXXXX XXXXX I'd be happy to answer your questions today.

Lucy, Esq. :

Forging an endorsement on a check is a Category D felony, which means that it is punishable by 1-4 years imprisonment, a fine of up to $5,000, or both.

Lucy, Esq. :

I hope that helps. Please let me know if you have any additional questions.
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Customer :

Do I contact the police? Will the police investigate?

Lucy, Esq. :

Yes, you should file a police report. They will investigate.

Lucy, Esq. :

Also, if you haven't done so, contact the insurance company. They can file a claim with the bank and, if they can verify that you didn't cash the check, they should reissue it for you.

Customer :

I don't know the name of the insurance agency - it was my sisters job to go through my dads things. They lived in Nevada and I live in California. My sister called me and said that she cashed a check and got her eyes done. She retired and moved out of state

Lucy, Esq. :

If the check was made out to your dad, then he is the victim, and he should be the one to call the police.

Customer :

My dad is dead. It was a life insurance check. My sister moved out of state. She now lives somewhere in Bremerton Washington.

Lucy, Esq. :

I'm sorry to hear that.

Lucy, Esq. :

Is there any way you can get to Nevada to review the paperwork? Did she get rid of all the paperwork when she moved?

Customer :

Yes. There is no way for me to find out the name of the insurance company, How can the police help me with this?

Lucy, Esq. :

They can track her down, interview her, subpoena her bank records, find a copy of the check from where she cashed it, compare the signature on the check to your signature, and arrest her.

Lucy, Esq. :

Once you know where she is, you can also sue her for conversion, which is the civil equivalent of theft.

Customer :

The forgery happened in Nevada and she now lives in Washington

Lucy, Esq. :

They'll also be able to contact the insurance company to review their records and confirm that you were a beneficiary on the policy.

Lucy, Esq. :

Nevada has jurisdiction, because that's where the crime occurred.

Customer :

So I have to call the police in Las Vegas and tell them my story? Do I file for conversion in Washington where she lives now. The reason why I am asking is because I live in California and Las Vegas is 500 miles from where I live. Bremerton Washington is over 1000 miles.

Lucy, Esq. :

You file the report in Las Vegas. The civil suit could be filed in Las Vegas or in Washington - either where it happened or where she can be found.

Customer :

Is forgery of a life insurance check different than forgery of an insurance check?

Lucy, Esq. :

No.

Customer :

Can I file a report by email or by phone?

Lucy, Esq. :

You can call the police station to file the report. They may want to mail you paperwork to sign.

Customer :

Well that is good news. Do I have a time limit?

Lucy, Esq. :

Let me double-check it for you.

Lucy, Esq. :

The statute of limitations for the state to charge her is three years from the date she cashed the check.

Customer :

Thank you!

Lucy, Esq. :

The statute of limitations for you to sue is two years.


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