However, when bad items do sneak through, there are some important things banks can do to fight back and prosecute repeat check fraud offenders. Check fraud in the U.S. can carry severe penalties including fines up to one million dollars, a prison sentence exceeding 30-years, or a combination of both types of actions.

Can you charge your spouse with theft?

If the offending spouse takes the property or asset with the intention to make it his or her own or destroy it in bad faith, criminal charges could be brought against him or her.

Is it legal to forge your spouses signature?

It should go without saying that forging your spouse’s signature to obtain a loan is both unacceptable and illegal. In some cases, they may have inadvertently approved or “ratified” a debt incurred by the other spouse.

What is the punishment for bank fraud?

Bank fraud: A fine of up to $1,000,000 and/or a prison sentence of up to 30 years. Mail and wire fraud: Both carry a maximum prison sentence of up to 20 years. If the scheme also involved a bank, the potential fine increases to up to $100,000: [18 U.S.C. Section 1343]

When to report check fraud committed by your spouse?

Consult an attorney. Anytime you’re dealing with check fraud committed by your spouse, you need an attorney to protect your interests and help ensure you aren’t implicated in the activities. While you may already have a family law attorney working on the divorce, they may not have the expertise necessary to handle the check fraud situation.

Can a family law attorney handle check fraud?

While you may already have a family law attorney working on the divorce, they may not have the expertise necessary to handle the check fraud situation. This is particularly true if you fear that you or your spouse may face criminal charges because of the check fraud.

Can you sue your spouse for financial fraud?

Yes, according to your facts, you can sue your spouse for fraud. Not only should you consult an attorney and file soon, but an attorney can help you limit the damages by helping show you the processes for shutting down accounts, making creditors and merchants aware of the situation, and otherwise limiting the damages.

Can you sue the person who committed check fraud?

You may have the ability to sue the person who committed check fraud. Even though the convictions and punishments for check fraud are handled by a criminal court, you may be able to file a claim for your financial damages in civil court.