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How to prove forgery Fraud, Embezzlement, Bad Checks

Discussion in 'Criminal Charges' started by Proud_parent007, Oct 4, 2020.

  1. Proud_parent007

    Proud_parent007 Law Topic Starter New Member

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    Jurisdiction:
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    I am an officer of a c-corp. My partner is a share holder through an agreement made on a notarized copy. But he is actively involved in running the company, we share email addresses and he has bank details. He has occasionally done forgeries with out my consent on some documents. When I caught that he says that my consent is assumed because I gave my email address and bank details.

    Is that going to be a valid argument in court? I am scared to sue him for the fear of losing my case
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    From my experience, combating forgery in court may require the use of a report and/or testimony of a handwriting analysis expert. But that isn't the issue here. The issue here appears to be one of consent. I am not sure I understand your argument. If you provided your partner with consent to carry out a transaction and he signed your name to effectuate the transaction with your knowledge this would happen or likely be needed to occur, what is your objection?
     
  3. army judge

    army judge Super Moderator

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    YOU need NOT prove any crime.

    Society has created various federal, state, and local law enforcement agencies to nab criminals and prosecutors who PROVE their crimes before a court of law.

    I suggest you contact your local county sheriff or police agency and ask one or both of them to investigate the crimes a person has been committing.

    Heck, you can even contact your local district attorney (or whatever the officer is called in NJ), and ask for a crime to be investigated.
     
  4. adjusterjack

    adjusterjack Super Moderator

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  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I don't know if it's the case here but I've had people approach me with potential "cases" of malfeasance where they didn't actually put the pen and ink on the paper but put forward the action into motion. When the malfeasance was discovered there was a backtracking on whether consent was truly given: "sure I gave the employee the bank account number, the routing number, account name and all the vital information but I didn't actually sign on the dotted line to carry out the transaction so it's not my responsibility." When there is a paper/email trail that establishes everything up to the part of actually signing on the dotted line, good luck with making the argument that you were innocently blindsided by what transpired without your consent. After hearing that point they are apprehensive about bringing a case or having as strong a defense as they had hoped.
     
  6. zddoodah

    zddoodah Well-Known Member

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    Corporations don't have partners, so when you refer to your "partner," are you talking about a boyfriend or girlfriend? Or do you just mean another shareholder of the corporation? Also, "a notarized copy" of what?

    No.

    Sounds like you should be conferring with a local attorney about how best to get rid of your "partner" by buying him out, dissolving the corporation or other means.
     
  7. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Might just be a colloquialism, e.g. a business partner with whom you're working in the form of an incorporated business.
     

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