Legal Question in Criminal Law in Florida

forged document

A couple lives in NJ and are in the process of buying a home in Florida.They need to show self employment for a minimum of 2years for the mortgage.They have been in business for a little over a year.The mortgage co knows this and has the past 2years worth of tax returns to prove they have been in business a year,BUT they do not care.The mortgage co asks the couples CPA to write a letter stating that they have been in business for 2 years.The couples CPA refuses to do it because it is not truthful.The mortgage co tells the couple''I don't care how much you have to pay a CPA to write this letter or what you have to do to PRODUCE one.''After several unsuccessful attempts to get a CPA through the yellow pages the couple is pressed to forge a letter with a real CPAs letter head and signature(the CPAS name they are using has no knowledge or idea the couple is doing this)stating they have been in business for 2years.The doc goes out and they check the CPA's info for validity.The letter is determined fraudelent and the mortgage is declined.The letter according to the mortgage co''is being investigated''What is the worse case scenario?


Asked on 6/30/03, 4:23 pm

1 Answer from Attorneys
Jeffrey Weinstein Jeffrey L. Weinstein, Attorney at Law

Re: forged document

My answer is limited to New Jersey law only. There could be federal consequences, depedning upon the type of loan applied for.

With respect to New Jersey law, they could be convicted of forgery, which is a third degree crime. If they have no prior convictions and have not previously entered a diversionary program, they could be eligible for a program called Pretrial Intervention (PTI). This means that they would pay some costs and comply with some requirements, and if they comply, the case would be dismissed. PTI is not a conviction. If they are not eligible for PTI, but have never been convicted of a crime, they would most likely not go to jail because there is a presumption of non-imprisonment for first time offenders. So the likely result in this case is a period of probation and some fines, and the collateral consequences of a forgery conviction.

If either member of the couple holds political or public office, they would most likely lose their job.

Feel free to contact me if I could be of further assistance.

Regards,

Jeff Weinstein

609-397-8400

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Answered on 6/30/03, 4:45 pm


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