What is the staute of limitations for fraud in Texas?

Full Question:

If I applied for a loan in July of 2008, and was declined because I put my wages on a w-2 instead of a 10-99, not knowing the difference, and no money was lended, and I believe that the company has sold out and is now another mortgage company name, but still same employees, should I worry about it, or is it too late to file any type of fraud charges?
03/27/2009   |   Category: Fraud   |   State: Texas   |   #15798

Answer:

Fraud involves a knowingly made misrespresentation that is intended to cause another to rely and act on it to their harm. Proof of intentional wrongdoing is required to convict on a criminal charge. Whether criminal fraud charges may be brought will depend on the amount of the loan. Generally, a misdemeanor charge must be brought within 2 years. If a felony charge may apply, an action for a false statement made to obtain credit must be brought within 7 years. There are also civil fraud claims that may be raised, when the intent is to recover money lost rather than punish for wrongdoing. It is possible for a statute of limitations to be tolled (suspended) when fraud prevents the discovery of the injury, so that the statutory time doesn't begin to run until the injury is discovered.

Please see the following statutes to determine applicability:

§ 32.32 PENAL. False Statement to Obtain Property or Credit

(a) For purposes of this section, "credit" includes:

(1) a loan of money;


(2) furnishing property or service on credit;


(3) extending the due date of an obligation;


(4) comaking, endorsing, or guaranteeing a note or other instrument
for obtaining credit;


(5) a line or letter of credit;


(6) a credit card, as defined in Section 32.31 (Credit Card or Debit
Card Abuse); and


(7) a mortgage loan.

(b) A person commits an offense if he intentionally or knowingly makes
a materially false or misleading written statement to obtain property or
credit, including a mortgage loan.

(c) An offense under this section is:

(1) a Class C misdemeanor if the value of the property or the amount
of credit is less than $50;

(2) a Class B misdemeanor if the value of the property or the amount
of credit is $50 or more but less than $500;

(3) a Class A misdemeanor if the value of the property or the amount
of credit is $500 or more but less than $1,500;

(4) a state jail felony if the value of the property or the amount of
credit is $1,500 or more but less than $20,000;

(5) a felony of the third degree if the value of the property or the
amount of credit is $20,000 or more but less than $100,000;

(6) a felony of the second degree if the value of the property or the
amount of credit is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the value of the property or the
amount of credit is $200,000 or more.

(d) The following agencies shall assist a prosecuting attorney of the
United States or of a county or judicial district of this state, a county
or state law enforcement agency of this state, or a federal law
enforcement agency in the investigation of an offense under this
section involving a mortgage loan:

(1) the office of the attorney general;


(2) the Department of Public Safety;


(3) the Texas Department of Insurance;


(4) the Office of Consumer Credit Commissioner;


(5) the Texas Department of Banking;


(6) the credit union department;


(7) the Department of Savings and Mortgage Lending;


(8) the Texas Real Estate Commission; and


(9) the Texas Appraiser Licensing and Certification Board.


(e) With the consent of the appropriate local county or district
attorney, the attorney general has concurrent jurisdiction with that
consenting local prosecutor to prosecute an offense under this
section that involves a mortgage loan.

Art. 12.01 CODE CRIM. P. CODE CRIM. P. Felonies

Except as provided in Article 12.03, felony indictments may be
presented within these limits, and not afterward:

(1) no limitation:

(A) murder and manslaughter;

(B) sexual assault under Section 22.011(a)(2), Penal Code, or
aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code;

(C) sexual assault, if during the investigation of the offense
biological matter is collected and subjected to forensic DNA testing
and the testing results show that the matter does not match the victim
or any other person whose identity is readily ascertained;

(D) continuous sexual abuse of young child or children under
Section 21.02, Penal Code;

(E) indecency with a child under Section 21.11, Penal Code; or

(F) an offense involving leaving the scene of an accident under
Section 550.021, Transportation Code, if the accident resulted in the
death of a person;

(2) ten years from the date of the commission of the offense:

(A) theft of any estate, real, personal or mixed, by an executor,
administrator, guardian or trustee, with intent to defraud any creditor,
heir, legatee, ward, distributee, beneficiary or settlor of a trust
interested in such estate;

(B) theft by a public servant of government property over which he
exercises control in his official capacity;

(C) forgery or the uttering, using or passing of forged instruments;

(D) injury to an elderly or disabled individual punishable as a felony
of the first degree under Section 22.04, Penal Code;

(E) sexual assault, except as provided by Subdivision (1) or (5); or

(F) arson;

(3) seven years from the date of the commission of the offense:

(A) misapplication of fiduciary property or property of a financial
institution;

(B) securing execution of document by deception;

(C) a violation under Sections 162.403(22)-(39), Tax Code;

[EDITORS' NOTE: SEE BELOW FOR ADDITIONAL VERSION OF SUBD. (3)(D) ENACTED
BY
Acts 2007, 80th Leg., ch. 640, § 1.]

(D) false statement to obtain property or credit; or

[EDITORS' NOTE: SEE ABOVE FOR ADDITIONAL VERSION OF SUBD. (3)(D) ENACTED
BY
Acts 2007, 80th Leg., ch. 285, § 6.]

(D) credit card or debit card abuse under Section 32.31, Penal Code;

[EDITORS' NOTE: SEE BELOW FOR ADDITIONAL VERSION OF SUBD. (3)(E) ENACTED
BY
Acts 2007, 80th Leg., ch. 640, § 1.]

(E) money laundering;


[EDITORS' NOTE: SEE ABOVE FOR ADDITIONAL VERSION OF SUBD. (3)(E) ENACTED
BY
Acts 2007, 80th Leg., ch. 285, § 6.]

(E) false statement to obtain property or credit under Section 32.32,
Penal Code; or

(F) fraudulent use or possession of identifying information under
Section 32.51, Penal Code;

(4) five years from the date of the commission of the offense:

(A) theft or robbery;

(B) except as provided by Subdivision (5), kidnapping or burglary;


(C) injury to an elderly or disabled individual that is not punishable
as a felony of the first degree under Section 22.04, Penal Code;

(D) abandoning or endangering a child; or

(E) insurance fraud;

[EDITORS' NOTE: SEE BELOW FOR ADDITIONAL VERSION OF SUBD. (5) ENACTED BY
Acts 2007, 80th Leg., ch. 841, § 1.]

(5) if the investigation of the offense shows that the victim is
younger than 17 years of age at the time the offense is committed, 20
years from the 18th birthday of the victim of one of the following
offenses:

(A) sexual performance by a child under Section 43.25, Penal Code;

(B) aggravated kidnapping under Section 20.04(a)(4), Penal Code, if the
defendant committed the offense with the intent to violate or abuse the
victim sexually; or

(C) burglary under Section 30.02, Penal Code, if the offense is
punishable under Subsection (d) of that section and the defendant
committed the offense with the intent to commit an offense described by
Subdivision (1)(B) or (D) of this article or Paragraph (B) of this
subdivision; or

[EDITORS' NOTE: SEE ABOVE FOR ADDITIONAL VERSION OF SUBD. (5) ENACTED BY
Acts 2007, 80th Leg., ch. 593, § 1.03.]

(5) ten years from the 18th birthday of the victim of the offense:

(A) indecency with a child under Section 21.11(a)(1) or (2), Penal
Code;

(B) except as provided by Subdivision (1), sexual assault under
Section 22.011(a)(2), Penal Code, or aggravated sexual assault under
Section 22.021(a)(1)(B), Penal Code; or

(C) injury to a child under Section 22.04, Penal Code; or

(6) three years from the date of the commission of the offense: all
other felonies.

Art. 12.02 CODE CRIM. P. CODE CRIM. P. [181] [229] [219] Misdemeanors

An indictment or information for any misdemeanor may be presented
within two years from the date of the commission of the offense, and not
afterward.

§ 16.004 CIV. PRAC. & REM. CIV. PRAC. & REM. Four-Year Limitations
Period

(a) A person must bring suit on the following actions not later than
four years after the day the cause of action accrues:

(1) specific performance of a contract for the conveyance of real
property;

(2) penalty or damages on the penal clause of a bond to convey real
property;

(3) debt;

(4) fraud; or

(5) breach of fiduciary duty.

(b) A person must bring suit on the bond of an executor,
administrator, or guardian not later than four years after the day of the
death, resignation, removal, or discharge of the executor,
administrator, or guardian.

(c) A person must bring suit against his partner for a settlement of
partnership accounts, and must bring an action on an open or stated
account, or on a mutual and current account concerning the trade of
merchandise between merchants or their agents or factors, not later than
four years after the day that the cause of action accrues. For purposes
of this subsection, the cause of action accrues on the day that the
dealings in which the parties were interested together cease.