Legal Question in Civil Litigation in Texas

Former POA has been stealing and cashing our deceased aunts stock dividend checks for more than two years after her death. Will has been in court and stocks now awarded to us, so now we have the info and canceled checks.

1. What criminal charges does she face? Amount stolen over $32,000, and she had these checks sent from New York Mellon Bank to her home in Texas. Conspiracy to commit mail fraud?

2. If we settle out of court and she returns the $32K, what amount of interest and penalties would you add as appropriate? Does treble damages apply in this case?

3. Even after a mediation agreement was signed and a court order was issued , she still cashed checks until our stock transfer was complete. If this goes to court, what jail time and fines might she face?

Thank you so much for your time, Ken


Asked on 3/10/11, 6:54 am

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

How much you settle for depends on two factors -- an analysis of what the likely outcome at trial would be and, most importantly, the defendant's ability to pay. If the jury beleives this is a naked theft, punitive damages of 3-5 times the amount stolen might be awarded at trial. But, how likely is it that this woman who felt the need to steal your aunt's money can pay?

I wouldn't worry about possible criminal sanctions. All you want is your money. And if she's in jail the likelihood she can pay you anything decreases.

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Answered on 3/10/11, 9:00 am


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