When is Forgery a Federal Criminal Offense?
What is the criminal offense of forgery, and when can a person be charged with forgery as a federal criminal offense? In general, forgery is a term that refers to an act of creating a false document with the intention of defrauding another person or entity with the fake document. According to Merriam-Webster dictionary, forgery is defined by the act of forging, which means “the crime of falsely and fraudulently making or altering a document, such as a check.” There are many different forms of forgery that can occur and that may be prosecuted under state law, such as the forgery of a prescription medication, the forgery of a personal bank check or credit card for the purposes of theft, or the forgery of a painting in order to sell it for much more than it is worth.
Under federal law, forgery includes three separate offenses that can be charged under 18 USC 495, and there are also forgery-related offenses that can be charged under 18 USC 510. Our federal criminal defense attorneys can provide you with more information, and we can speak with you today about the details of your case if you are under investigation for forgery or have been charged with a federal offense.
Elements of Forgery Offenses Under Federal Law
Under 18 USC 495, there are three separate offenses concerning forgery or involving forgery:
- 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.
The first offense of forgery can be charged when a person “falsely makes, alters, forges, or counterfeits any deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive from the United States or any officers or agents thereof, any sum of money.”
As the United States Department of Justice (DOJ) explains, when prosecutions are initiated under this statute, the government must prove that the defendant had intent to defraud.
When is Forgery Charged as a Federal Instead of a State Criminal Offense?
In general, a person may expect to face federal forgery charges, rather than charges under Florida state law, when one of the following is true of the alleged offense:
- Acts related to forgery involved interstate commerce;
- Involvement of a federal agency in the forgery investigation; and/or
- Federal property was affected by the alleged act of forgery.
Contact Our Tampa Criminal Defense Lawyers to Seek Help Defending Against Federal Forgery Charges
Have you been accused of forgery under federal law, or have you received a target letter to inform you of an investigation that involves potential allegations of forgery? If so, it is urgent to seek legal advice and to begin work on your defense. These charges are extremely serious, and they can have life-altering consequences, especially in the event of a conviction. One of the experienced Tampa federal forgery defense attorneys at the Law Offices of Daniel J. Fernandez, P.A. can speak with you today to learn more about the government’s case against you and to begin working with you on a defense strategy that is tailored to the charges you are facing and the evidence against you. Contact us today for more information.
Source:
justice.gov/archives/jm/criminal-resource-manual-1463-elements-offenses-18-usc-495
