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A deeper dive into Notary charged with document fraud.

 Notary charged with document fraud



In cases where a notary public is charged with document fraud, the consequences can be severe, ranging from professional repercussions to criminal penalties
. 
Here's a breakdown:
  • Professional Consequences:
    • Suspension or revocation of the notary commission: This is a common outcome, potentially permanent, according to the National Notary Association. In Michigan, MCL 55.300a states that the Secretary may impose penalties if they have satisfactory evidence that the applicant has violated the act, a rule promulgated under the act, or an order issued under the act.
    • Ineligibility for a new commission: In Michigan, the Secretary of State may deem an individual ineligible for a new commission for at least 5 years.
    • Civil fines: These can be substantial, depending on the state and the nature of the misconduct.
  • Criminal Penalties:
    • Misdemeanors or felonies: Serious cases of misconduct can lead to criminal charges. In Michigan, forgery related to public records, including those notarized by a notary public, is a felony punishable by imprisonment for not more than 14 years, according to MCL 750.248. Submitting a false document for notarization with the intent to defraud is also considered a felony under Michigan law, punishable by imprisonment for not more than 14 years, according to MCL 750.249.
    • Jail time and substantial fines: If convicted, a notary may face imprisonment and significant financial penalties.
  • Civil Liability:
    • Lawsuits: A notary can be sued by individuals who suffer financial losses due to the notary's misconduct, whether intentional or not, according to the National Notary Association.
    • Financial liability and damages: Notaries may be required to pay damages to compensate victims for their losses. A notary's bond, required in many states, can be used to recover up to a certain amount, but the notary remains personally liable for additional damages, according to The Farah Law Firm.
  • Employer Liability: In some cases, an employer may also be held liable for damages caused by a notary employee's misconduct, particularly if the notarization was part of the employee's job duties and the employer knew or should have known of the misconduct, according to the National Notary Association. 
Recent examples of notary fraud cases:
  • A woman in Philadelphia was charged with criminal conspiracy, corrupt organizations, theft by unlawful taking, theft by deception, identity theft, forgery, tampering with records, and securing execution after being accused of forging signatures on documents to illegally transfer the deeds of more than 20 properties, according to Instagram.
  • In Lee County, Florida, a former deputy was investigated for allegedly forging his estranged wife's signature on insurance documents for a $94,000 claim and having them falsely notarized. 
To avoid notary misconduct and related charges, notaries should:
  • Always verify the signer's identity using satisfactory evidence.
  • Never notarize a document without the signer present.
  • Maintain accurate and detailed records of all notarizations in a journal.
  • Avoid conflicts of interest.
  • Stay up-to-date on and adhere to all relevant state laws and regulations. 
If you suspect notary fraud, it is recommended to contact your local law enforcement agency and your state notary regulating agency. 
What does your State's Notary Act say about a Notary charged with document fraud?
This post is concerning  National Notary Association 
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