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Fort Worth Forgery Defense Attorney

The crime of forgery generally refers to the making of a fake document, the changing of an existing document, or the making of a signature without authorization. There are numerous federal forgery offenses. 18 U.S.C. § 495 set forth three separate offenses: (1) forgery, (2) uttering a forged instrument, and (3) presentation of a false writing to an officer of the United States in support of a claim against the government. 18 U.S.C. § 510 sets forth several more. While these may be the most common prosecutions, they are not the only ones. Forgery prosecutions and defenses are by nature very detail-specific. For example, many times the key to a successful forgery defense depends upon whether the government can prove that the individual charged knew that the document was false, altered, or forged. Any successful forgery defense is dependent upon a legal team that is capable of identifying, developing, and then aggressively presenting defensive theories and information concerning the level knowledge that an individual charged had at any point in time. The Law Offices of Roderick C. White has an aggressive detail-oriented Fort Worth forgery defense attorney that you or your loved needs to fight any type of forgery charge.

In the meantime below is some useful information on some of the more common forgery crimes, such as:

• FORGERY AGAINST THE UNITED STATES

• UTTERING A FORGED WRITING TO DEFRAUD THE UNITED STATES

• FORGING ENDORSEMENT ON A TREASURY CHECK, BOND, OR SECURITY OF THE UNITED STATES

• UTTERING A FORGED TREASURY CHECK, BOND, OR SECURITY OF THE UNITED STATES

FORGERY AGAINST THE UNITED STATES

18 U.S.C. § 495(1) makes it a crime for anyone falsely to make, alter, forge, or counterfeit a written instrument for the purpose of obtaining money from the United States. The punishment for a violation of section 495 is a fine, imprisonment for not more than 10 years, or both. In order to convict the government must prove each of the following beyond a reasonable doubt:

That the individual charged forged a written instrument; and

That the individual did so for the purpose of obtaining or receiving money from the United States when the defendant knew he had no right to have it; or

That the individual did so for the purpose of directly or indirectly enabling another to receive money from the United States when the defendant knew the other person had no right to receive it.

The evidence does not have to show that anyone actually received any money as a result of the written instrument. If the individual claims to have authority to sign for another, the government must prove that the individual lacked such authority.

This statute can also be used to prosecute forgery of a Treasury check as a felony even if the case would be a misdemeanor under 18 U.S.C. § 510.

UTTERING A FORGED WRITING TO DEFRAUD THE UNITED STATES

18 U.S.C. § 495(2) makes it a crime for anyone to utter or pass as true any false, forged, or altered written instrument, with intent to defraud the United States. The punishment for a violation of section 495 is a fine, imprisonment for not more than 10 years, or both. In order to convict the government must prove each of the following beyond a reasonable doubt:

That the individual charged uttered or passed a false, forged, or altered written instrument (i.e., cashed a forged United States Treasury check) and in doing so stated or implied, directly or indirectly, that the written instrument was genuine;

That the individual knew at the time that uttered or passed the written instrument was false, forged, or altered; and

That the individual uttered or passed the written instrument with intent to defraud, that is, intending to cheat the United States government.

The evidence does not have to show that anyone actually received any money as a result of uttering or passing of the false, forged, or altered written instrument.

FORGING ENDORSEMENT ON A TREASURY CHECK, BOND, OR SECURITY OF THE UNITED STATES

18 U.S.C. § 510(a)(1) makes it a crime for anyone to make or forge any false endorsement or signature on a Treasury check, bond, or security of the United States. The punishment for a violation of section 510 is a fine, imprisonment for not more than 10 years, or both. If the value of the instrument is $1,000 or less the possible punishment is only a fine, imprisonment for not more than one year, or both. In order to convict the government must prove each of the following beyond a reasonable doubt:

That the individual charged to make or forge a Treasury check, bond, or security of the United States without permission;

That the individual did so with intent to defraud, that is, intending to cheat someone; and

That the face value of the Treasury check, bond, or security of the United States was more than $1,000.00.

The evidence does not have to show that anyone actually received anything of value as a result of the forged signature.

UTTERING A FORGED TREASURY CHECK, BOND, OR SECURITY OF THE UNITED STATES

18 U.S.C. § 510(a)(2) makes it a crime for anyone to pass, utter, or publish any Treasury check, bond, or security of the United States bearing a falsely made or forged endorsement or signature. The punishment for a violation of section 510 is a fine, imprisonment for not more than 10 years, or both. If the value of the instrument is $1,000 or less the possible punishment is only a fine, imprisonment for not more than one year, or both. In order to convict the government must prove each of the following beyond a reasonable doubt:

That the individual charged passed, uttered, or published a Treasury check, bond, or security of the United States;

That the individual knew at the time that the Treasury check, bond, or security of the United States was forged. A forged endorsement or signature is one placed on a check by someone other than the payee without the payee's permission or authority;

That the individual passed, uttered, or published a Treasury check, bond, or security of the United States with intent to defraud, that is, intending to cheat someone. The evidence does not have to show that anyone actually received something of value as a result of passing, uttering, or passing; and

That the face value of the Treasury check, bond, or security of the United States check was more than $1,000.

If you or someone you know has been accused of forgery and are in need of a Fort Worth forgery defense lawyer contact the law offices of Roderick C. White. We will provide you with an aggressive, and effective Fort Worth criminal attorney.

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