Wash. Court of Appeals published opinion — D2 51946-1-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 51946-1-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2051946-1-II%20Published%20Opinion.pdf ↗

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Motors account and asked a banker to stop payment on an unauthorized deposit to the account

for $14,840. The banker was unable to do so because of the status of the deposit. The banker

offered to initiate a procedure involved opening a new account, transferring all the funds from

the old account to the new account, and closing the old account. Smith opened another Wells

Fargo business banking account for A.J. Motors, again using the social security number of the

Indiana child. With Smith’s authorization, the bank transferred all of the $14,840 in the old

account to the new account.

On July 11, surveillance footage showed Smith making two withdrawals from the new

account, the first in the amount of $5,000 and the second in the amount of $9,800. Without the

prior transfer from the initial account, there would not have been sufficient funds in the new

account to make these withdrawals. There was no indication that James ever purchased the car

for which he obtained the loan.

Tacoma Police investigated the transactions involving Smith, James, and Broussard. The

State later charged Smith with two counts of forgery, one count of first degree theft, and one

count of money laundering.

Motion to Dismiss Forgery Charges

At trial, after the State rested, Smith brought a motion to dismiss the forgery charges. He

argued that the forgery charges should be dismissed because the bank account applications

lacked legal efficacy, and because the State had not shown that he falsely completed the

applications. The trial court denied the motion to dismiss the forgery counts. The court stated,

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 51946-1-II