Understanding the The Crime of Forgery
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"Expungements" 3nd Edition - Freedom from the Disability of a Legal Record
"Defending Your Employee Rights"- The Ultimate Employee Survival Guide!
Documents that convey real property such a land, houses, ships, automobiles and other items of value are subject to fraudulent transactions by way of forgery. Wills and checks often have been forged, manipulated, with unauthorized, altered or otherwise fraudulent signatures are common. Forgery is often used in the wrongful Terminations of employees. "The law and the courts have no tolerance for forgery and it is not defensible." From the book "Defending Your Employee Rights" .
Some Frequently Asked Questions about Forgery
What is the definition of FORGERY?
The Black's Law, American College, and Random House dictionaries along with the court citations below define FORGERY as:
The making, drawing, or altering a document with the intent to defraud. A signature made without the person knowing of or consenting to it.
The law and the courts say:
The Modern Penal Code (MPC sec. 224.1) states that a person is guilty of forgery if:
a) a actor or person alters any writing of any person,
b) makes, completes, executes, authenticates, issues, or transfers any writing so that it purports to be an act of another who did not authorize the act or to have been at the time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or
c) utters any writing which he knows to be forged.
"Forgery is a crime when it includes the representation of handwriting of another and the act of uttering as true and genuine any forged writing knowing the same to be forged with intent to prejudice, damage, and defraud any person."
State v. May 93 Idaho 343, 461 P. 2d 126, 129.
"Crime of forgery is committed when one makes or passes a false instrument with the intent to defraud, and the element of loss or detriment is immaterial."
People v. McAffey, 182 Cal. App.2d 486, 6 Cal. Rptr. 333,337
"The false making of an instrument, which purports on the face of it to be good and valid for purposes for which it was created, with design to defraud any person or persons."
State v. Goranson, 67 Wash.2d 456, 408 P.2d 7,9.