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!

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • 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?

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