Asked in Criminal Law, Banking, Business Law and Identity Theft for New York

Q: hi. My wife took an imposter to sign on my behalf at a check cashing place.

the check was deposited into an account ,she claimed the person who had the same first name and last name as me as her husband to cash out $2400 stimulus check in may of 2020,I came to find out about the check cashed in march 2021,Irs sent me a check copy in August 2021,I made a police report but the police seems to not investigate as the police officer thinks its ok to sign on behalf of one another,and there is no more video evidence.

Now the burden is on my shoulder to prove it was not me who cashed out the check.

I have filed identity theft with IRS and they have no results so far for me .

I tried to contact DA office but they want police to investigate first and then they take it from there if there is any evidence.

What else can I do?

on the back of the check one signatures belong to my x wife and the other is the imposter.

can someone please try to help me

thank you:)

1 Lawyer Answer
Richard W. Noel
Richard W. Noel
Answered
  • Criminal Law Lawyer
  • Phoenix, AZ

A: If I was in your situation, I would gather all of the information, hire a civil attorney, and sue her and the imposter for the amount of money stolen, as well as the cost for litigation. After filing the suit, I would also subpoena the place for footage of the transaction. Hopefully it still exists. Whether the police investigate or whether the Prosecutor chooses to charge her, is up to them. If you want to get something done, go the other route. Good luck to you.

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