Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud anyone.
The most common example of forgery is when a person copies (forges) a person's signature and uses it without their consent. Forgery is typically classified as a white collar crime and can often involve state or federal charges.
3. Definition
• Forgery is the process of making, adapting, or imitating objects,
statistics, or documents with the intent to deceive for the sake of
altering the public perception, or to earn profit by selling the forged
item. Copies, studio replicas, and reproductions are not considered
forgeries, though they may later become forgeries through knowing
and willful misrepresentations.Forging money or currency is more
often called counterfeiting.
4. Element of forgery
Making, Altering, using or Possessing a Forged item
• In forgery case, the individual must have made, altered, used or possessed a
false writing at some point in time.
Legal Efficacy
• This Includes ‘Government Issued Identification, Deeds, Conveyances, Check,
Stock certificate, Patents, Wills, Prescriptions, Other medical documents’.
Material Alternation
• In order for writing to fall under the definition of false, the material include
must have been fabricated or altered significantly in order to represent
somethings it is actually not.
5. Types of Forgery
• There is a wide range of documents can be forged, but some are more
common than others. Some of the most types of forgery involve
signature and prescriptions.
• Signature Forgery
• Prescription Forgery
• Art Forgery
• Federal Forgery
6. Affidavit of Forgery
• An affidavit of forgery is a legal document completed by a victim of
fraud. Financial institutions and police departments often have the
victims fill out the form and have it notarized. The affidavit of forgery
is also used to help victims recover losses that occurred as a result of
the forgery crime.
7. Common Forgery Punishment
• The judicial system often considers certain things during the
sentencing portion of a criminal trial including:-
Defendant’s criminal history.
The type of document.
What the defendant gained or attempted to gain with the forgery.
Whether the defendant has attempted to right his wrong.
8. Examples (CASE STUDY)
• The David Stein Forgeries In the 1960s, David Stein made a living
traveling from city to city, selling paintings that he claimed were done
by European masters. Since the artists’ signatures were in place, many
people fell for the scam. In 1967, one of these artists, Marc Chagall,
saw three paintings in a New York City gallery containing his name.
He knew these were not his works and he contacted the police. Stein
was arrested and spend 22 years in jail.