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Forgery Laws Forgery Laws and Penalties The penalty for forgery, counterfeiting or, altering documents and instruments often varies according to the type of document altered, with important government documents at the top of the penalty list.
Share on Facebook Forgery also known as "uttering a false instrument" is a serious offense, punishable as a felony in all fifty states and by the federal government. Forgery involves the making, altering, use, or possession of a false writing in order to commit a fraud.
It can occur in many forms, from signing another person's name on a check to falsifying one's own academic transcript.
When the subject of forgery is currency, it is also called counterfeiting. Our society relies heavily on the ability to produce and exchange legitimate and trustworthy documents. Forged documents can have serious and far-reaching negative consequences on businesses, individuals, and political entities.
This is why forgery is punished harshly. Traditionally, the crime of forgery consisted only of making or altering a false writing. Possessing, using, or offering a false writing with the intent to defraud was a separate offense, known as "uttering a forged instrument. Today, most states treat both offenses as the single crime of forgery.
To secure a conviction of forgery, the prosecution must prove several elements, or factors. These include the following. Making, altering, using, or possessing The first element of forgery is that a person must make, alter, use, or possess a false writing.
When they think of forgery, many people think only of making false writings, such as forging letters or certificates, but altering an existing writing may also be forgery if the alteration is "material," or affects a legal right.
For example, forging another person's signature on a document is a material alteration because it misrepresents the identity of the person who signed the document, which has serious legal consequences.
Deleting, adding, or changing significant portions of documents may also be "material" alterations, if these changes affect the legal rights or obligations represented in the documents. Additionally, as discussed above, using or possessing false writings also constitutes forgery, although in some jurisdictions this is known as "uttering a forged instrument.
To serve as the basis for forgery charges, the writing in question must have both legal significance and be false, as discussed below.
The writing must have apparent legal significance. In order to be punishable as forgery, the writing in question must have apparent legal significance. This includes government-issued documents such as drivers' licenses and passports; transactional documents such as deeds, conveyances, and receipts; financial instruments such as currencies, checks, or stock certificates; and other documents such as wills, patents, medical prescriptions, and works of art.
To have legal significance, a document need not necessarily be a legal or government-issued document--it must simply affect legal rights and obligations. For this reason, documents such as letters of recommendation or notes from physicians may also be the subjects of forgery.The Mississippi River bridge connecting the southern parts of Missouri and Illinois will close for a year while crews make major repairs to the year-old structure.
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I understand that this authorization will remain in effect until I notify AMSOIL in writing or by phone that I wish to revoke this authorization. (b) To close an account without leaving sufficient funds to cover all outstanding checks, electronically converted check, or electronic commercial debit written or authorized on such account.
(2) For purposes of Sections through Accessible, affordable education for students seeking associate and transfer degrees, certificate programs, and workforce training on campus and online. Writing a check on a checking account that is closed/inactive is a crime.
Customers are not supposed to do that and if they do, the bank can report it and take legal action against the offending.