Forgery

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On the right, real sheet of a theatre surimono by Kunisada; on the left, a faked signature of Hokkei, c. 1825. Kunisda-and-faked-Hokkei.jpg
On the right, real sheet of a theatre surimono by Kunisada; on the left, a faked signature of Hokkei, c. 1825.

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. [1] [2] Tampering with a certain legal instrument may be forbidden by law in some jurisdictions but such an offense is not related to forgery unless the tampered legal instrument was actually used in the course of the crime to defraud another person or entity. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations.

Contents

Forging money or currency is more often called counterfeiting. But consumer goods may also be counterfeits if they are not manufactured or produced by the designated manufacturer or producer given on the label or flagged by the trademark symbol. When the object forged is a record or document it is often called a false document.

This usage of "forgery" does not derive from metalwork done at a blacksmith's forge, but it has a parallel history. A sense of "to counterfeit" is already in the Anglo-French verb forger, meaning "falsify".

A forgery is essentially concerned with a produced or altered object. Where the prime concern of a forgery is less focused on the object itself – what it is worth or what it "proves" – than on a tacit statement of criticism that is revealed by the reactions the object provokes in others, then the larger process is a hoax. In a hoax, a rumor or a genuine object planted in a concocted situation, may substitute for a forged physical object.

The similar crime of fraud is the crime of deceiving another, including through the use of objects obtained through forgery. Forgery is one of the techniques of fraud, including identity theft. Forgery is one of the threats addressed by security engineering.

In the 16th century, imitators of Albrecht Dürer's style of printmaking improved the market for their own prints by signing them "AD", making them forgeries. In the 20th century the art market made forgeries highly profitable. There are widespread forgeries of especially valued artists, such as drawings originally by Pablo Picasso, Paul Klee, and Henri Matisse.

A special case of double forgery is the forging of Vermeer's paintings by Han van Meegeren, and in its turn the forging of Van Meegeren's work by his son Jacques van Meegeren. [3]

Criminal law

A forged police identification card used by convicted terrorist Anders Behring Breivik. Terrorist Anders Behring Breivik's fake police ID as evidence item on display at 22. juli-senteret (22 July Information Center) in Regjeringskvartalet, Oslo, Norway. Photo 2018-09-14.jpg
A forged police identification card used by convicted terrorist Anders Behring Breivik.

England and Wales and Northern Ireland

In England and Wales and Northern Ireland, forgery is an offence under section 1 of the Forgery and Counterfeiting Act 1981, which provides:

A person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice. [4]

"Instrument" is defined by section 8, "makes" and "false" by section 9, and "induce" and "prejudice" by section 10.

Forgery is triable either way. A person guilty of forgery is liable, on conviction on indictment, to imprisonment for a term not exceeding ten years, or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both. [5]

For offences akin to forgery, see English criminal law#Forgery, personation, and cheating.

The common law offence of forgery is abolished for all purposes not relating to offences committed before the commencement of the Forgery and Counterfeiting Act 1981. [6]

Scotland

Forgery is not an official offence under the law of Scotland, except in cases where statute provides otherwise. [7] [8]

The Forgery of Foreign Bills Act 1803 was repealed in 2013.

Republic of Ireland

In the Republic of Ireland, forgery is an offence under section 25(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001 which provides:

A person is guilty of forgery if he or she makes a false instrument with the intention that it shall be used to induce another person to accept it as genuine and, by reason of so accepting it, to do some act, or to make some omission, to the prejudice of that person or any other person. [9]

A person guilty of forgery is liable, on conviction on indictment, to imprisonment for a term not exceeding ten years, or to a fine, or to both. [10]

Any offence at common law of forgery is abolished. The abolition of a common law offence of forgery does not affect proceedings for any such offence committed before its abolition. [11]

Except as regards offences committed before the commencement of the Criminal Justice (Theft and Fraud Offences) Act 2001 and except where the context otherwise requires, without prejudice to section 65(4)(a) of that Act, references to forgery must be construed in accordance with the provisions of that Act. [12]

Canada

Forgery is an offence under sections 366, 367 and 368 of the Canadian Criminal Code. The offence is a hybrid offence, subject to a maximum prison sentence of:

United States

Forgery is a crime in all jurisdictions within the United States, both state and federal. [1] [2] Most states, including California, describe forgery as occurring when a person alters a written document "with the intent to defraud, knowing that he or she has no authority to do so." [13] The written document usually has to be an instrument of legal significance. Punishments for forgery vary widely. In California, forgery for an amount under $950 [14] can result in misdemeanor charges and no jail time, while a forgery involving a loss of over $500,000 can result in three years in prison for the forgery plus a five-year "conduct enhancement" for the amount of the loss, yielding eight years in prison. [15] In Connecticut, forgery in the Third Degree, which is a class B misdemeanor [16] is punishable by up to 6 months in jail, a $1000 fine, and probation; forgery in the First Degree, which is a class C felony, [17] is punishable by a maximum 10 years in prison, a fine of up to $10,000 fine, or both. [18]

Civil law

As to the effect, in the United Kingdom, of a forged signature on a bill of exchange, see section 24 of the Bills of Exchange Act 1882.

See also

Related Research Articles

<span class="mw-page-title-main">Theft</span> Act of taking anothers property without consent

Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. A person who engages in theft is known as a thief.

<span class="mw-page-title-main">Fraud</span> Intentional deception made for personal gain or to damage another individual

In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law or criminal law, or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements.

<span class="mw-page-title-main">Identity theft</span> Deliberate use of someone elses identity, usually as a method to gain a financial advantage

Identity theft, identity piracy or identity infringement occurs when someone uses another's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term identity theft was coined in 1964. Since that time, the definition of identity theft has been legally defined throughout both the U.K. and the U.S. as the theft of personally identifiable information. Identity theft deliberately uses someone else's identity as a method to gain financial advantages or obtain credit and other benefits. The person whose identity has been stolen may suffer adverse consequences, especially if they are falsely held responsible for the perpetrator's actions. Personally identifiable information generally includes a person's name, date of birth, social security number, driver's license number, bank account or credit card numbers, PINs, electronic signatures, fingerprints, passwords, or any other information that can be used to access a person's financial resources.

In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact.

Bank fraud is the use of potentially illegal means to obtain money, assets, or other property owned or held by a financial institution, or to obtain money from depositors by fraudulently posing as a bank or other financial institution. In many instances, bank fraud is a criminal offence.

<span class="mw-page-title-main">Art forgery</span> Creation and trade of falsely credited art

Art forgery is the creation and sale of works of art which are falsely credited to other, usually more famous artists. Art forgery can be extremely lucrative, but modern dating and analysis techniques have made the identification of forged artwork much simpler.

<span class="mw-page-title-main">Identity document forgery</span> Fake IDs and their production

Identity document forgery is the process by which identity documents issued by governing bodies are copied and/or modified by persons not authorized to create such documents or engage in such modifications, for the purpose of deceiving those who would view the documents about the identity or status of the bearer. The term also encompasses the activity of acquiring identity documents from legitimate bodies by falsifying the required supporting documentation in order to create the desired identity.

Uttering is a crime involving a person with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document. More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.

Racketeering is a type of organized crime in which the persons set up a coercive, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation to repeatedly or consistently collect a profit.

Conspiracy to defraud is an offence under the common law of England and Wales and Northern Ireland.

<span class="mw-page-title-main">Forgery Act 1861</span> United Kingdom legislation

The Forgery Act 1861 is an act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to forgery from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Forgery Act 1830, incorporating subsequent statutes.

At law, cheating is a specific criminal offence relating to property.

<span class="mw-page-title-main">Forgery and Counterfeiting Act 1981</span> United Kingdom legislation

The Forgery and Counterfeiting Act 1981 is an Act of the Parliament of the United Kingdom which makes it illegal to make fake versions of many things, including legal documents, contracts, audio and visual recordings, and money of the United Kingdom and certain protected coins. It replaces the Forgery Act 1913, the Coinage Offences Act 1936 and parts of the Forgery Act 1861. It implements recommendations made by the Law Commission in their report on forgery and counterfeit currency.

<span class="mw-page-title-main">Forgery Act 1913</span> United Kingdom legislation

The Forgery Act 1913 was an Act of the Parliament of the United Kingdom. It provided a definition of forgery and created several offences of forgery and uttering, while repealing numerous other offences of forgery, thereby consolidating the law of forgery. It did not extend to Scotland.

<span class="mw-page-title-main">Forgery of Foreign Bills Act 1803</span> United Kingdom legislation

The Forgery of Foreign Bills Act 1803 was an Act of the Parliament of the United Kingdom. Prior to its repeal in 2013, it created offences of forgery of foreign instruments in Scotland.

The Criminal Justice Act, 2001 updates and consolidates the law relating to dishonesty and fraud in the Republic of Ireland.

The following outline is provided as an overview and topical guide to forgery:

The Penal Code is a law that codifies most criminal offences and procedures in Malaysia. Its official long title is "An Act relating to criminal offences" [Throughout Malaysia—31 March 1976, Act A327; P.U. (B) 139/1976]. The sole jurisdiction of Parliament of Malaysia is established over criminal law in Malaysia.

In the criminal law of the United States, a predicate crime or offense is a crime which is a component of a larger crime. The larger crime may be racketeering, money laundering, financing of terrorism, etc.

References

  1. 1 2 United States v. Hunt, 456 F.3d 1255 Archived 2018-11-15 at the Wayback Machine , 1260 (10th Cir. 2006) ("Historically, forgery was defined as the false making, with the intent to defraud, of a document which is not what it purports to be, as distinct from a document which is genuine but nevertheless contains a term or representation known to be false.") (internal quotation marks omitted) (emphasis added); see generally, 10 U.S.C.   § 923 ("Forgery"); 18 U.S.C.   §§ 470 – 514 (counterfeiting and forgery-related federal offenses); 18 U.S.C.   § 1543 ("Forgery or false use of passport").
  2. 1 2 "§ 19.71 S. Forgery". The Law Offices of Norton Tooby. Archived from the original on 2019-04-23. Retrieved 2018-11-15.
  3. ↑ Davies, Serena (2006-08-04). "The forger who fooled the world" . The Daily Telegraph. ISSN   0307-1235. Archived from the original on 2022-01-12. Retrieved 2019-04-29.
  4. ↑ Legislation.gov.uk. Digitised copy of section 1 Archived 2018-08-04 at the Wayback Machine .
  5. ↑ The Forgery and Counterfeiting Act 1981, sections 6(1) to (3)(a) Archived 2018-06-22 at the Wayback Machine
  6. ↑ The Forgery and Counterfeiting Act 1981, section 13 Archived 2012-11-14 at the Wayback Machine
  7. ↑ W J Stewart and Robert Burgess. Collins Dictionary of Law. HarperCollins Publishers. 1996. ISBN   0 00 470009 0. Pages 176 and 398.
  8. ↑ Stair Memorial Encyclopaedia
  9. ↑ Irish Statute Book. Digitised copy of section 25 Archived 2022-11-13 at the Wayback Machine .
  10. ↑ The Criminal Justice (Theft and Fraud Offences) Act 2001, section 25(2)
  11. ↑ The Criminal Justice (Theft and Fraud Offences) Act 2001, sections 3(2) and (3) Archived 2022-11-13 at the Wayback Machine
  12. ↑ The Criminal Justice (Theft and Fraud Offences) Act 2001, section 65(4)(b) Archived 2022-11-13 at the Wayback Machine
  13. ↑ "California Legislative Information, Penal Code section 470". Archived from the original on 15 November 2018. Retrieved 20 July 2017.
  14. ↑ Brady, Katherine (November 2014). "California Prop 47 and SB 1310: Representing Immigrants" (PDF). Immigrant Legal Resource Center1. Archived (PDF) from the original on 1 August 2017. Retrieved 1 August 2017.
  15. ↑ Couzens, J. Richard; Bigelow, Tricia A. (May 2017). "Felony Sentencing After Realignment" (PDF). California Courts. Archived (PDF) from the original on 1 August 2017. Retrieved 1 August 2017.
  16. ↑ "Chapter 952 - Penal Code: Offenses". www.cga.ct.gov. Archived from the original on 2018-07-19. Retrieved 2017-08-09.
  17. ↑ "Chapter 952 - Penal Code: Offenses". www.cga.ct.gov. Archived from the original on 2018-07-19. Retrieved 2017-08-09.
  18. ↑ Norman-Eady, Sandra; Coppolo, George; Reinhart, Christopher (1 December 2006). "Crimes and Their Maximum Penalties". Office of Legislative Research. Connecticut General Assembly. Archived from the original on 19 October 2017. Retrieved 9 August 2017.
  19. ↑ Yeazell, Ruth Bernard (2008). Art of the Everyday: Dutch Painting and the Realist Novel. Princeton University Press. p. 88. ISBN   978-0691127262.
  20. ↑ McBride, Joseph (2006). What Ever Happened to Orson Welles?: A Portrait of an Independent Career. University Press of Kentucky. pp. 245–250. ISBN   0813124107.
  21. ↑ Casper, Drew (2011). Hollywood Film 1963-1976: Years of Revolution and Reaction. John Wiley & Sons. p. 1972. ISBN   978-1405188272.
  22. ↑ Cawelti, John G. (1977). Adventure, Mystery, and Romance: Formula Stories as Art and Popular Culture. University of Chicago Press. p. 281. ISBN   0226098672.
  23. ↑ Wight, Douglas (2012). "Owning December". Leonardo DiCaprio: The Biography. John Blake Publishing Ltd. ISBN   978-1857829570.
  24. ↑ Lopez, Xavier (23 April 2021). "Could this famous con man be lying about his story? A new book suggests he is". WHYY. WHYY. PBS. Archived from the original on 8 February 2022. Retrieved 26 June 2022.
  25. ↑ "Telling the Coiners' story". BBC North Yorkshire. 3 June 2008. Archived from the original on 27 December 2016. Retrieved 9 November 2012.

Sources


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