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Criminal Law/forgery and utterance evidence


I am physically but not legally separated from my husband.  Neither of us has retained an attorney and no legal filings have been made.  I secured child support just recently through York Co. courts.  My husband has carried health insurance on me and our three children the entire time we've been married (15 years).

During the process of securing child support (continuation of my coverage is written into the support order) and almost simultaneously, my health insurance card was rejected for doctor visits as well as prescription benefits.  I thought it was a glitch of some sort, so I called to find that I had been dropped from coverage last October, not during open enrollment.  The health insurance company would not provide me information because I was no longer on the policy.  The HR dept. of his employer would not provide me information, initially, because I was not the employee.  However, after I made numerous calls and threatened legal action as I was not offered COBRA and they had no legal right to drop me, they informed me that he had provided documentation which he stated was a divorce decree but, after hearing from me and with later scrutiny, they found was not.

They reinstated me on the health insurance retroactive to the drop date and thus the overdue bills have since been paid.  However, I was provided with a copy of the documents he provided and here is the basis of my question.

1) He and/or his sister created a document on (or similar) that was labeled a Civil Action.  The blanks filled in on the document are that of his sister.  They forged my name on this bogus document and effectively used it to have me droppped from coverage, as stated.

2) Not only did they forge my name (twice), they used the notary name and expiration date of a relative (but not the seal) to notarize this document.

3) This document was faxed into my husband's employer from a fax number registered to his sister's address.  

The employer mailed notification of reinstatement as well as a copy of the documents which they labeled as "unofficial" to our old address.  When I was there, I found the documents and photographed them, clearly showing all pages, forged signature, and false notary.

My question is this:  How is forgery proven?  His sister has prior convictions for forgery and utterance.  Would she be prosecuted since, although I suffered mental anguish and time lost for having to sort through all the mess, there was no financial loss on my end or what was has been rectified by the insurance company?  I know it's her writing simply from being in the family 15 years but how is that proven in a court of law?

As for my husband, it is my understanding from his employer that he spoke with HR and said he would fax the divorce decree (of which there is none) the following day and then they received it.  I have no way of knowing how much of a part he played from asking his sister to do it all or standing beside her and helping her create/sign it.  How would that be handled?

I forwarded all information to the attorney general and they have acknowledged receipt.  Should I retain an attorney to prosecute or is it a state type of case?  

Thank you.


The Reader's Digest version is Yes, both the soon-to-be ex and his sister are, depending on whether you pursue this state of federal, guilty of multiple felonies.

The preparation of the document and putting your name on it is forgery, forging a notary's name is another felony. Sending the document over a telephone line for the purposes to defraud is another felony. Lastly, under new post-9/11 laws, the sister-in-law is probably also guilty of Identity Theft since she represented herself to be you. Lastly, I can only assume the civil court will also take serious umbrage to the fact that both of them were 'preparing' false court documents.

Although you have your ex by the proverbial 'short hairs,' be careful how you proceed. Should he be terminated from his employment and/or be incarcerated, it could have an extremely detrimental effect on his ability to continue paying alimony/child support. Succinctly, be careful that you don't call an air strike in on yourself.

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Kevin M. Tamez


Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.


More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website

Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

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