Legal Question in Criminal Law in Minnesota

Check Cashing

Is it ever a felony to sign and deposit a check that has your name on it. I was separated from my husband and received a state tax refund check for $11,000 in both of our names. I signed it and deposited it into a joint business account that we both had. His lawyer is threatening to "call the sherrif because this is a felony." Could this be true?


Asked on 7/24/00, 10:49 am

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Check Cashing

From the information provided, I can't see how this could be a felony or any crime. Since your name is on it and you did not sign his name, there is no forgery. Since it went into a joint account, presumably he suffered no loss as a result. His lawyer's threat of a criminal charge or complaint against you if in order to gain advantage in a civil suit, however, could be a crime itself, see Minnesota Statutes Sec. 609.27, subd (5), and 609.275. Also, an attorney doing this could be subject to professional discipline for misconduct. Thus, you may want to call the Sheriff, and-or prosecutor's office and-or attorney ethics-disciplinary board to report his criminal misconduct. Also, you may want to consider ways you can better prove later that he actually made these inappropriate threats, and his exact words.

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Answered on 9/14/00, 2:43 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Check Cashing

So long as you did not forge your husband's signature on the check, you have nothing to worry about. The bank, however, is at riskl since it should not have cashed or deposited a two person check without both signatures.

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Answered on 9/12/00, 3:21 pm


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