New Braunfels, TX asked in Criminal Law and Federal Crimes for Texas

Q: Is it mail fraud to mail checks & money orders out of state knowing TX comptroller seized the acct they normally go to?

I am a property manager and the property owner's bank account was seized by the Texas Comptroller. The owner verbally told me to mail all rent checks and money orders to his out of state home so he can deposit them into a different bank account. i have never handled the property's income in such a manner. normally all rent in deposited into a local bank account.

Thank you for your help!

Related Topics:
1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: In Texas, a person commits the offense of THEFT if he unlawfully appropriates property with the intent to deprive the owner of the property. The owner has provided new instructions, and you are aware that disregarding those new instructions (by following the old procedure) will deprive the owner of his property (rent money.) But would such appropriation be LAWFUL or UNLAWFUL? Do you have a court order or some other reason that authorizes you to do anything other than what the owner has requested? Have you been contacted by the Comptroller's office?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.