Under Texas law, a caretaker, bookkeeper, or other trusted person who uses an elderly person’s money for their own benefit can face a charge of exploitation of an elderly individual, and any related theft charge is automatically bumped up one full degree because of the victim’s age. That framework is front and center in a new North Texas case: federal prosecutors in the Northern District of Texas announced that Nancy Black, a 69-year-old bookkeeper from Grand Prairie, has been indicted on ten counts of bank fraud and two counts of aggravated identity theft for allegedly embezzling at least $1.2 million from an elderly Waxahachie couple who had employed her since at least the early 2000s. The indictment alleges that from at least 2018 to 2024 she forged checks payable to herself, used the couple’s accounts to pay her own credit card bills, and withdrew cash from an account she had been asked to close more than a decade earlier. She made her initial appearance on September 23, and like every defendant, she is presumed innocent.
The following is general legal commentary from L & L Law Group, PLLC on how Texas law treats these issues in Collin County and across the Dallas-Fort Worth area. It is not legal advice about any specific case, and everyone is presumed innocent unless and until proven guilty.
What Is Exploitation of an Elderly Individual Under Texas Law?
Exploitation of an elderly individual is a separate crime under Texas Penal Code Section 32.53. It applies when a person who has a duty to an elderly or disabled individual, such as a caregiver, employee, or someone entrusted with their finances, intentionally, knowingly, or recklessly uses that person or their resources for personal or monetary benefit through illegal or improper means. Texas defines an elderly individual as someone 65 or older. Exploitation is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000, and it can be charged alongside theft.
Does Texas Punish Theft From Seniors More Harshly?
Yes. Under Penal Code Section 31.03(f), the punishment level for theft is increased to the next higher category when the victim is an elderly individual. Theft is normally graded by the amount taken, and $300,000 or more is already a first-degree felony, so a theft in the range alleged in the North Texas case would sit at the top of the scale regardless. But for smaller amounts, the elder enhancement makes a real difference: a theft that would otherwise be a state jail felony becomes a third-degree felony, and so on up the ladder. Under Section 31.09, a series of thefts taken as part of one continuing scheme can also be added together to reach a higher grade.
Is Writing Checks on Someone Else’s Account Forgery in Texas?
It can be. Signing another person’s name to a check without authorization, or passing a check that appears to have been authorized when it was not, can be charged as forgery under Penal Code Section 32.21. Because checks are commercial instruments, forgery involving them is generally at least a state jail felony, and Texas law allows the value of multiple forged instruments in one scheme to raise the punishment level. Using another person’s identifying information, including account numbers, to obtain money or pay one’s own bills can also support a fraudulent use of identifying information charge under Section 32.51.
How Do Elder Financial Abuse Cases Come to Light in DFW?
Many cases begin when a family member, bank, or financial advisor notices unusual activity, such as checks written to an employee, unexplained cash withdrawals, or bills paid for someone else. Texas requires anyone who believes an elderly person is being exploited to report it to Adult Protective Services or law enforcement, and banks and securities professionals have additional reporting tools. In Collin, Dallas, Tarrant, and Ellis counties, these investigations often involve financial analysts who trace years of bank records, and prosecutors can choose between state charges and, as in this case, federal bank fraud charges.
What Defenses Might Apply in an Elder Financial Exploitation Case?
Common defense issues include whether the payments were authorized, gifted, or approved as compensation, and whether the elderly person had the capacity to consent. Longtime employees sometimes had broad authority to write checks or manage accounts, which can blur the line between permitted and improper transactions. The defense may also challenge how the loss amount was calculated, whether older transactions fall outside the statute of limitations, and whether bank records actually connect the accused to each transaction. In cases with years of records, a detailed forensic review is often essential.
How L&L Law Group Can Help
L & L Law Group, PLLC defends clients in Frisco, Collin County, and throughout the Dallas-Fort Worth area who are accused of theft, forgery, identity crimes, and exploitation of elderly or disabled individuals. Our attorneys work with the underlying financial records, test the state’s loss figures and authority theories, and advocate for our clients from the investigation stage forward. If you are being questioned or have been charged in connection with a family member’s or employer’s finances, contact L & L Law Group for a confidential consultation.
Who counts as elderly under Texas criminal law? Texas defines an elderly individual as a person 65 years of age or older for purposes of the exploitation statute and the theft enhancement.
Can a family member be charged with exploiting an elderly parent? Yes. Relatives, caregivers, and people with a power of attorney can all be charged if they use an elderly person’s money or property for their own benefit through improper means.
Is paying back the money a defense? Repayment does not erase the offense, but it can significantly influence charging decisions, plea negotiations, and sentencing, and restitution is frequently part of any resolution.