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Wife forged signature card and wiped out our joint money market.

Islip, NY |

Before my wife filed for divorce she wiped out our joint money market account by forging my name on the checks and having them deposited into a joint savings account in which she forged the bank signature card after the bank allowed her to leave the premises with it. I have absolute proof all checks and the card were forged from a forensic document examiner. The DA refuses to get involved because they say it is marital case.The mutual fund company tracked the deposits to the savings bank. They say that they cannot do anything because the account, though forged, was listed as a joint one. They say the Savings bank must take it from here. The SB has been less than helpful. Can the SB sue my wife for return of the money? Can I sue them to make good for their ineptitude? How should I proceed?

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Attorney answers 1


Unfortunately, the DA is right- this issue is truly a part of the divorce case- if your wife engaged in financial shenanigans, it must be explored during the 'discovery' portion of the divorce case, testimony taken of the fraud/theft, and to the extent possible, explained to the divorce judge at the appropriate time(s). If possible, a 'credit' will be awarded to you, or utilized in determining your share of the equitable distribution of the marital assets, or 'distributive award'.

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