Archive for the ‘Texas Criminal Defense Lawyer Articles’ Category

Know About Forgery

 

As an attorney specializing in white collar criminal defense in Dallas, Henry Wade of The Wade Law Firm, understands both state and federal criminal laws and walks his clients through the entire process of fighting their cases, from negotiating pleas to preparing for trial. With over 20 years of experience in law, Wade has helped defend clients faced with chargers of theft, homicide, drug possession and forgery.

 

Common Examples of Forgery

Criminally altering a document in any way to change its authenticity, and then knowingly trying to use that changed document as the genuine original is legally considered forgery. For example:

 

If you sign another person’s name to a check without authorization, with the intent of using it for your own purposes

 

If you sign a name on the back of another person’s check in order to receive the money for yourself

 

Changing the details of a document, such as a deed, and then signing the altered deed and presenting it as an original

 

Creating a legal document, like a marriage or death certificate, under someone else’s name or a fabricated name

 

State or Federal Crime

Forgery is charged on the state level in most cases, and each state has its own set of laws and guidelines for prosecuting the crime. Even if you failed to gain anything as a result of the forgery, but the intent was there, you can still be charged. In Texas, if you are in possession of fraudulent documents, or have forged a check, it is considered a state felony, and you can be sentenced to up to two years in prison and fined up to $10,000. It is comparable to theft of something valued $15,000 to $20, 000 and the unauthorized use of a vehicle.

 

If the forged documents are sent via the United States post office, then it can possibly be considered mail fraud, which is a federal crime. Using the means of the U.S. Postal Service to further a fraudulent scheme, such as mailing false documents to an insurance company, is considered mail fraud. If charged with the crime, you can be indicted by the United States Attorney’s Office and can be forced to pay fines, spend up to 20 years in prison, or both.

 

Two Real Life Examples

In October of 2005, Jonathan Mattocks was arrested in Manhattan for picking up pay-per-ride MetroCards, which are used to gain access to the city’s subways, bending the magnetic strip that holds the value of the card, and charging riders $1 to pass through the turnstiles using the cards. It was a trait of the cards that, if you bent the magnetic strip, you can get a one-time free ride because the turnstiles could not determine that the card had no value if the strip was tampered with. In April of 2009, the New York Times reported that Mattocks would be charged with forgery because he was altering the cards to read that they were still of value, when in fact they weren’t.

 

In 1972, the autobiography of Howard Hughes was set for release. Howard Hughes was a multi-millionaire businessman, aviator and acclaimed producer of films like The Outlaw and Scarface, who at that time had not appeared in public in over a decade because of a serious illness that made him too weak. It turned out however, that Hughes did not pen the book, but, Clifford Irving did. Irving had no contact with Hughes or any of his family members, and completely fabricated the entire book. After being convicted of forgery for trying to make a profit by selling the book of someone else’s life without permission, and disguising himself as Hughes for the purpose of writing the book, Irving was sentenced to two and a half years in prison.

 

Any criminal charge brought against you is a serious matter that should not be handled on your own. So if you are accused of a crime, you need an experienced defense attorney on your side who knows the severity of your situation.

 

This article is for informational purposes only.  You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel.  Publication of this article and your receipt of this article does not create an attorney-client relationship.

 

Originally published here.


Henry Wade is a writer for Yodle, a business directory and online advertising company. Find a<a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”<a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://local.yodle.com/articles”>http://local.yodle.com/articles”>lawyer</a> or more <a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=” http://local.yodle.com/articles/topics/legal-services/”>lawyers</a> articles at Yodle Consumer Guide.

 


What You Should Know about Insurance Fraud

 

As a well-practiced criminal defense attorney in Texas, Henry Wade of The Wade Law Firm has had a lot of criminal cases pass before him, both from his time as a lawyer and as a judge. And according to Wade, insurance fraud is, most simply put, making up an insurance claim when nothing actually happened.

 

From a young age, children are taught the value of telling the truth. In fairy tales, lies are distinguished with a growing nose, as in Pinocchio. And, no matter what story is, the “good guy” always emerges as the victor. Yet, somewhat instinctively, it seems like human nature to lie. Sometimes the lies are small and cause no harm. Other times the lie is drawn out and carefully planned, used for personal gain.

 

While the average person probably won’t ever get caught in such a scheme, the networks of people who do commit insurance fraud are costing companies millions of dollars every year, and are driving up premium rates for everyone. Instances of health insurance fraud, car insurance fraud and home insurance fraud are quickly on the rise.

 

Penalties for Committing Insurance Fraud

Insurance fraud is a crime on both the civil and criminal level, which means that not only will you have to pay hefty fines upon your conviction, but you can also be sentenced to complete a prison term. Medical insurance fraud, for example, is considered a federal crime.

 

The current administration is working to tighten the laws regarding insurance fraud. And, according to The Washington Post, by the end of 2009, President Obama is expected to sign an executive order that will center on eliminating government waste and fraud, particularly in Medicare and other benefits programs.

 

As more groups come together to rally against enforcing stricter laws, that would not allow people to so easily receive money on the basis of false claims. And the sentencing for these crimes has increased as well, with most of the convicted serving actual jail time.

 

Serious Criminal Offense

Even if you never have committed forgery, you can still end up paying for the money insurance companies mistakenly pay. According to the nonprofit group Coalition Against Insurance Fraud, an organization that prides itself as being a national clearinghouse of fraud information, $80 million a year is stolen due to insurance fraud. This correlates to higher premium rates for every insurance policy holder.

 

If you find yourself being investigated or accused by an insurance company for fraud, or the police, you should contact an experience criminal defense attorney in your area who can help you gather the information you need and prepare you for any interrogations or court dates.

 

Originally published here.


Henry Wade is a writer for Yodle, a business directory and online advertising company. Find a<a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”<a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://local.yodle.com/articles”>http://local.yodle.com/articles”>lawyer</a> or more <a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=” http://local.yodle.com/articles/topics/legal-services/”>lawyers</a> articles at Yodle Consumer Guide.

 


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