Can can charges of forgery be filed if no loss was suffered?
Question Details:
My husband forged my signature on a mortgage application, requesting $400,000 cash against our home. I discovered this and contacted the bank, so they stopped the application. Can he still be charged with forgery, even though he didn't get the money? He doesn't know that I know about this - we are going through a divorce.
Criminal Defense Law Answers
The act of forgery in a criminal setting is different than any civil damages you may suffer from it. Yes, it is a crime to forge someone's name, without issue of any damages arising from it. He committed the act and if you have proof (copies of the mortgage application), then yes it is proof positive he committed the crime.
If your husband had the intent to defraud via his writing, then pursuant to Minnesota Code 609.63, he may be found guilty. This crime carries a sentence of imprisonment of not more than 3 years and/or a payment of a fine of not more than $5,000.
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