Under Texas law, forging the endorsement on someone else's check is a crime all by itself, completely separate from the theft of the money, and the punishment climbs sharply when the paper involved is a government check. Federal prosecutors in California say aspiring rapper Ada William Obayuwana, known as "ColdheartedAC," was one of three people charged in a 25-count indictment tied to more than $8.1 million in stolen checks, including dozens of U.S. Treasury checks for tax refunds, veterans' benefits, and Social Security. Because DFW-area residents and businesses fall victim to nearly identical stolen-check and forged-endorsement schemes, it is worth walking through how a Frisco or Collin County court would treat this kind of conduct under the Texas Penal Code.
What Was ColdheartedAC Accused Of?
According to the federal indictment, the aspiring rapper was charged with nine counts of bank fraud, three counts of delivering stolen Treasury checks, and one count of aggravated identity theft as part of a scheme that ran from roughly April 2022 through December 2023. Prosecutors allege the group obtained more than 50 stolen U.S. Treasury checks plus hundreds of other checks, forged endorsements, altered names and addresses on the paper, opened accounts to receive the funds, and used documents mimicking victims' identities to cash them. These are allegations only, and every defendant is presumed innocent unless and until proven guilty.
Is Forging a Signature on a Check a Separate Crime in Texas?
Yes. Under Texas Penal Code Section 32.21, forgery includes altering, making, completing, or signing a writing so it purports to be the act of someone who did not authorize it, and a check is exactly the kind of "writing" the statute targets. Signing another person's name as an endorsement, or altering the payee or amount, is forgery whether or not the check is ever cashed. Because a check is a commercial instrument, ordinary check forgery is charged as a state-jail felony, and that grading is what separates it from a simple misdemeanor false document.
Why Do Government Checks Raise the Stakes?
Because Section 32.21 pushes the offense up to a third-degree felony when the forged writing is money, a security, a stock, or an instrument issued by a state or the federal government or one of its agencies. A U.S. Treasury check for a tax refund, veterans' benefit, or Social Security payment is a government-issued instrument, so a forged endorsement on that paper is treated far more seriously than a forged personal check. On top of that, Texas Penal Code Section 37.10 punishes tampering with a governmental record, which can reach conduct involving altered or falsified official instruments, giving prosecutors an additional felony theory tied to the government origin of the checks.
How Does Texas Treat the Money That Was Taken?
Texas grades theft under Section 31.03 by the total value taken, and cashing stolen checks is theft by unlawfully appropriating the funds. When a scheme spans many checks, Section 31.09 allows the state to aggregate the amounts stolen under one continuing course of conduct into a single charge, so a series of small check cashings can be combined into a first-degree felony once the total passes $300,000. Using another person's name and identifying information to open accounts or cash the paper can add a separate charge under Section 32.51 for fraudulent use or possession of identifying information, which carries its own felony grading based on how many victims' details were used.
How Would a Texas Court Handle a Case Like This?
A Frisco or Collin County prosecutor would likely stack the charges, pairing top-grade forgery on the government checks with an aggregated theft count and an identity-information count, because each addresses a different piece of the alleged conduct. The defense typically focuses on intent to defraud and knowledge, since the state must prove the accused knew the endorsement was unauthorized and acted with intent to defraud or harm, and on tracing exactly which checks and dollars are attributable to which person in a multi-defendant scheme. Restitution, pretrial diversion for lower-value first offenses, and challenges to how the value was aggregated are all common battlegrounds in Texas check-fraud litigation.
How L&L Law Group Can Help
At L & L Law Group, PLLC, we defend clients across Frisco, Collin County, and the wider DFW area against forgery, theft, and identity-information charges, whether they involve a single altered check or a complex multi-account scheme. Our attorneys examine how the state graded and aggregated the alleged loss, whether the evidence actually ties our client to the forged endorsements, and whether intent can be proven, and we work to protect your record through dismissal, diversion, or reduced charges wherever the facts allow. If you or a loved one is facing a fraud or theft investigation, contact L & L Law Group, PLLC for a confidential consultation.
Frequently Asked Questions
Is forging a check a felony in Texas?
Yes. Because a check is a commercial instrument, forgery of a check under Section 32.21 is generally a state-jail felony, and it rises to a third-degree felony when the check is money or a government-issued instrument such as a U.S. Treasury check.
Can several stolen checks be combined into one charge?
Yes. Section 31.09 lets Texas prosecutors aggregate amounts stolen under a continuing course of conduct into a single theft charge, so many small check cashings can be combined and graded by the total value taken.
What does the state have to prove in a forgery case?
The state must prove the defendant made, altered, or passed the writing with intent to defraud or harm another, and that the act was not authorized. Lack of intent or knowledge is a central defense.
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