Legal Question in Criminal Law in Wisconsin

My ex was depositing her checks into my account. She was also fordging my checks without permission. The DA said nothing can be done because there isnt enough proof because her checks were going into my account and she has the right to the money. She fordged 18 checks after her checks stopped going into my account and 2 after we were broken up. Is that enough proof? What other information do I need that she was acting fraudulently? Can I bring this proof to the DA?


Asked on 2/08/14, 11:06 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Law enforcement is reluctant to get involved in domestic relationships, so that is probably the reason for denying prosecution more than any shortage of proof. However, they would have a point if there were ever permission for her to use the account and sign your name. That fact alone might defeat the element of "intent to defraud," (since they would need to use "he said/she said" testimony to disprove it). In a criminal case, for proof beyond a reasonable doubt, the jury would be instructed to acquit her if they were left with any doubt that she might have been telling the truth in claiming permission. If you sued her civilly, however the burden would be easier for you, since you would only need to prove that it was more likely than not that she defrauded you (or 51% certainty). You should consult with a lawyer about doing exactly that if you are dissatisfied with writing this off to experience and forgeting about it.

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Answered on 2/08/14, 3:32 pm


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