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Forgery is awhite-collar crime that generally consists of the false making or material alteration of alegal instrument with the specificintent todefraud.[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 willfulmisrepresentations.
Forgingmoney orcurrency is more often calledcounterfeiting. Butconsumer goods may also becounterfeits if they are not manufactured or produced by the designated manufacturer or producer given on thelabel or flagged by thetrademark symbol. When the object forged is a record or document it is often called a false document.
This usage of "forgery" does not derive frommetalwork done at a blacksmith'sforge, but it has a parallel history. A sense of "tocounterfeit" is already in the Anglo-French verbforger, 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 ahoax. In a hoax, arumor or a genuine object planted in a concocted situation, may substitute for a forged physical object.
The similar crime offraud is the crime of deceiving another, including through the use of objects obtained through forgery. Forgery is one of the techniques of fraud, includingidentity theft. Forgery is one of the threats addressed bysecurity engineering.
In the 16th century, imitators ofAlbrecht Dürer's style of printmaking improved the market for their own prints bysigning 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 byPablo Picasso,Paul Klee, andHenri Matisse.
A special case of double forgery is the forging ofVermeer's paintings byHan van Meegeren, and in its turn the forging of Van Meegeren's work by his sonJacques van Meegeren.[3]
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InEngland and Wales andNorthern Ireland, forgery is an offence under section 1 of theForgery 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 istriable either way. A person guilty of forgery is liable, on conviction onindictment, to imprisonment for a term not exceeding ten years, or, onsummary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding thestatutory maximum, or to both.[5]
For offences akin to forgery, seeEnglish criminal law#Forgery, personation, and cheating.
Thecommon 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]
Forgery is not an official offence under the law of Scotland, except in cases where statute provides otherwise.[7][8]
TheForgery of Foreign Bills Act 1803 was repealed in 2013.
In theRepublic of Ireland, forgery is an offence under section 25(1) of theCriminal 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]
Forgery is an offence under sections 366, 367 and 368 of the CanadianCriminal Code. The offence is ahybrid offence, subject to a maximum prison sentence of:
Forgery is a crime in all jurisdictions within theUnited States, both state and federal.[1][2] Most states, includingCalifornia, describe forgery as occurring when a person alters a writtendocument "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] InConnecticut, 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]
As to the effect, in the United Kingdom, of a forged signature on a bill of exchange, see section 24 of theBills of Exchange Act 1882.
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