Cameron Miranda
Forgery is a white-collar crime that involves the false making or material alteration of a legal instrument or document with the specific intent to defraud. It is a broad term that covers a range of deceitful acts, including making, using, and possessing forged instruments or documents. While forgery is most commonly prosecuted at the state level, it is considered a felony in all states and under federal law in certain cases, such as identity theft and counterfeiting money. The punishment for forgery varies, with imprisonment of up to ten years, fines, probation, and restitution being common penalties. The abolition of common law offences of forgery does not affect proceedings for offences committed before its abolition.
| Characteristics | Values |
|---|---|
| Nature of the crime | Forgery is a white-collar crime that involves the false making or material alteration of a legal instrument with the specific intent to defraud. |
| Object of forgery | A forgery is concerned with a produced or altered object, such as a document or a signature. |
| Types | Forgery can take the form of making, using, altering, or possessing a forged instrument. Examples include identity theft, counterfeiting money, and forging government documents. |
| Legal significance | The forged writing or document must have apparent legal significance, such as affecting legal rights or obligations. |
| False writing | The writing must be fabricated or materially altered to misrepresent its fundamental meaning or the identity of its maker. |
| Intent to defraud | The forger must act with the specific intent to defraud or trick another person or entity, such as the government. |
| Punishment | Forgery is punishable by imprisonment, fines, probation, and restitution. The penalties vary depending on the jurisdiction and the type of forgery committed. |
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What You'll Learn
Common forged documents
Forgery is a white-collar crime that involves the false creation or material alteration of a legal instrument or object with the specific intent to defraud. The written document or object forged is typically of legal significance. While copies, studio replicas, and reproductions are not considered forgeries, they may become forgeries through knowing and willful misrepresentations. Forging money or currency is typically called counterfeiting. However, consumer goods may also be considered counterfeits if they are not manufactured or produced by the designated entity and bear their labels or trademarks.
Forgery is a broad term that encompasses various forms of creating, adapting, or imitating documents or objects. Some common forged documents include national ID cards, passports, diplomas, and identification cards. National ID cards are commonly forged due to their lack of security features in some countries, such as India's electronic ID card, the Aadhaar. Additionally, passports are often obtained with the assistance of officials or stolen and then altered to fit the carrier's information.
Another form of forgery is the adjustment of existing documents. These documents may be stolen or purchased from their original owners and then modified to match the new carrier's information. Deliberately damaged documents, such as those washed in a washing machine, also fall into this category.
Completely homemade documents are also commonly forged. These can be privately made and are often of poor quality and easily detectable. However, they can also be professionally created by criminal organizations with advanced equipment, making them more challenging to identify.
In the realm of art, forgeries involve either exactly copying an existing artwork or presenting a new work in the style of another artist but directly attributing it to that artist. This form of forgery has been lucrative in the art market, with widespread forgeries of renowned artists such as Pablo Picasso, Paul Klee, and Henri Matisse.
Forgery is a criminal offence in many jurisdictions, with punishments varying widely depending on the location and value involved in the forgery. In California, forgery involving a loss of over $500,000 can result in eight years in prison, including a "conduct enhancement" for the amount of the loss. In the United Kingdom, the Bills of Exchange Act 1882 addresses the effects of forged signatures on bills of exchange.
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Forgery punishments
Forgery is a white-collar crime that involves the false making or material alteration of a legal instrument with the specific intent to defraud. The punishment for forgery varies across different jurisdictions. In the United States, forgery is a felony in all states, and the punishment includes prison time, fines, and restitution. The federal government also punishes forgery as a felony.
Forgery laws can differ from state to state, with some states punishing forgery crimes based on the type of forgery committed. For example, New York classifies forgery into different "degrees" based on the type of document that was forged. First-degree forgery, which includes currency (counterfeiting), securities, and bonds, is punishable by up to 15 years in prison. Second-degree forgery, which involves government-issued documents, deeds, and medical prescriptions, carries a sentence of 2 to 7 years in prison. Third-degree forgery, which covers all other types of documents, is a misdemeanor and is punishable by a maximum of one year in prison or three years of probation, as well as a fine of up to $1,000 or twice the amount gained from the crime.
In California, forgery involving a loss of over $500,000 can result in three years in prison, plus a five-year "conduct enhancement" for the amount of loss, totaling eight years in prison. In Connecticut, forgery in the first degree is a class C felony, punishable by up to 10 years in prison and a fine of up to $10,000.
In D.C., the punishment for forgery depends on the nature of the written instrument forged. Forgery of a valuable instrument issued by a government entity, a stock certificate, a public record, or a check can result in a fine or imprisonment of up to 10 years, or both. Forgery of a token, a prescription, or a written instrument worth $1,000 or more can result in a fine or imprisonment of up to 5 years, or both. Any other case of forgery is punishable by a fine or imprisonment of up to 3 years, or both.
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Intent to defraud
The "intent to defraud" is a key element of the crime of forgery. This means that the person committing forgery must have done so with the specific intention of defrauding or deceiving another person or entity. The "intent to defraud" requirement ensures that forgery is more than just the creation or alteration of a document; it is the use of that document to intentionally deceive or defraud another.
Forgery involves making, altering, using, or possessing a false document with the intent to defraud. The written document must usually be an instrument of legal significance, such as government-issued documents (e.g. passports, driver's licenses), transactional documents (e.g. deeds, contracts, receipts), financial instruments (e.g. checks, stock certificates), or other documents that can affect legal rights and obligations (e.g. wills, medical prescriptions).
The specific intent to defraud element distinguishes forgery from the genuine making of a false instrument. For example, signing one's own name to a check drawn on a bank where one has no funds may be an attempt to defraud, but it is not forgery because it does not misrepresent the identity of the maker of the check. Similarly, signing another's name but indicating authority to do so (e.g. by adding "by" and one's own name) is not forgery, even if no such authority exists. The crux of forgery is the false making or material alteration of a document, combined with the intent to defraud.
Forgery is typically classified as a felony, and punishments vary widely depending on the jurisdiction and the type of document forged. In the United States, certain types of forgery are considered felonies under federal law, including identity theft, counterfeiting money, and forging federal documents. Forgery can also become a federal offense if it involves multiple states or the interstate transfer of forged documents.
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Impersonation
Forgery is a broad term that covers a range of deceptive acts, from counterfeiting money or consumer goods to falsifying records or documents. In the context of impersonation, forgery often involves the false signing of another person's name on a legal instrument, such as a check or contract. This act of forgery is committed with the intent to defraud and without the authority of the person being impersonated.
The distinction between forgery and the genuine making of a false instrument often hinges on impersonation. For example, signing one's own name on a check, even with the intent to defraud, is not considered forgery unless it involves impersonating another person or misrepresenting one's authority to sign on their behalf. Impersonation, therefore, elevates a fraudulent act to the level of forgery.
In the digital realm, the concepts of forgery and impersonation attacks are also differentiated. A forgery attack involves an attacker who does not possess the secret key generating a pair that passes verification. On the other hand, an impersonation attack occurs when an adversary successfully claims the identity of another person in the system, bypassing authentication measures. While forgery attacks target verifiability, impersonation attacks target authentication, highlighting the critical role of impersonation in circumventing security measures.
In terms of legal consequences, impersonation is a serious offence that can result in criminal charges. In the United States, for example, New York State Penal Law defines false personation as a Class B misdemeanor, while assuming the identity of another to commit a crime is considered second-degree criminal impersonation, a Class A misdemeanor. Posing as a police officer or a physician to obtain controlled substances constitutes first-degree criminal impersonation, a Class E felony. These laws underscore the severity of impersonation offences and the potential for significant legal repercussions.
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Forgery by uttering
Forgery is a white-collar crime that involves the false making or material alteration of a legal instrument with the specific intent to defraud. Forgery by uttering is a separate offence from forgery and is defined as the act of knowingly passing on or using a forged document. In other words, it is the assertion by words or action that a writing known by the presenter to be forged is valid.
The punishment for uttering a forged instrument depends on its value. For example, in the United States, uttering a forged instrument worth between $0 and $999 is punishable by up to 1 year in county jail and/or a fine of up to $1,000. On the other hand, uttering a forged instrument worth $15,000 or more is punishable by up to 8 years in the Department of Corrections and/or a fine of up to $1,000.
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Frequently asked questions
Common law forgery is concerned with a produced or altered object, such as a document, signature, or other legal instrument. It is a white-collar crime and is considered a felony in all US states.
Common examples of documents with legal significance include contracts, passports, driver's licenses, deeds, receipts, checks, wills, certifications, professional licenses, prescriptions, historical papers, and art.
Penalties for common law forgery vary widely. In California, forgery involving a loss of over $500,000 can result in three years in prison plus a five-year "conduct enhancement", yielding eight years in prison. In Connecticut, forgery in the First Degree is punishable by a maximum of 10 years in prison, a $10,000 fine, or both.
Forgery is one of the techniques of fraud, including identity theft. Fraud is the crime of deceiving another, including through the use of objects obtained through forgery.
