Is Forgery a Federal Offense?
Forgery is a serious crime that involves the creation or alteration of a document or signature with the intention of deceiving or defrauding someone. But is forgery a federal offense? The answer is yes, but it depends on the circumstances and the type of document involved.
Federal vs. State Forgery Laws
In the United States, forgery is typically a state-level crime, and each state has its own laws and penalties for forgery. However, there are certain situations where forgery can be considered a federal offense. Here are some key differences between federal and state forgery laws:
- State Forgery Laws:
- Typically, state laws define forgery as the creation or alteration of a document or signature with the intent to deceive or defraud.
- Penalties for state forgery offenses vary by state, but can include fines and imprisonment.
- Examples of state forgery laws include:
- California Penal Code §470: Forgery is a felony punishable by up to 5 years in prison.
- New York Penal Law §170.10: Forgery is a class E felony punishable by up to 4 years in prison.
- Federal Forgery Laws:
- The federal government has laws that criminalize forgery, particularly when it involves documents or signatures related to financial institutions, government agencies, or other federal interests.
- Federal forgery laws are typically found in the U.S. Code, Title 18, Section 513.
Federal Forgery Offenses
There are several federal forgery offenses, including:
- 18 U.S.C. § 513: Forgery of Obligations or Securities
- This section makes it illegal to forge or alter a negotiable instrument, such as a check, bond, or stock certificate.
- Penalties can include fines and imprisonment for up to 10 years.
- 18 U.S.C. § 1543: Forgery of United States Treasury Checks
- This section makes it illegal to forge or alter a United States Treasury check.
- Penalties can include fines and imprisonment for up to 10 years.
- 18 U.S.C. § 371: Conspiracy to Commit Forgery
- This section makes it illegal to conspire to commit forgery, including the creation or alteration of a document or signature.
- Penalties can include fines and imprisonment for up to 5 years.
Examples of Federal Forgery Cases
Here are some examples of federal forgery cases:
- United States v. Johnson (2013): A man was convicted of forging and altering checks from a bank in violation of 18 U.S.C. § 513.
- United States v. Rodriguez (2017): A woman was convicted of conspiring to commit forgery by creating and selling fake identification documents in violation of 18 U.S.C. § 371.
Consequences of Federal Forgery Offenses
Federal forgery offenses can have serious consequences, including:
- Fines: Federal forgery offenses can result in significant fines, including fines of up to $250,000 or more.
- Imprisonment: Federal forgery offenses can result in imprisonment for up to 10 years or more.
- Criminal Record: A federal forgery conviction can result in a criminal record that can impact future employment, education, and other opportunities.
- Restitution: In some cases, individuals convicted of federal forgery offenses may be required to pay restitution to victims or to the government.
Conclusion
In conclusion, while forgery is typically a state-level crime, there are certain situations where forgery can be considered a federal offense. Federal forgery offenses are typically related to documents or signatures related to financial institutions, government agencies, or other federal interests. If you are accused of federal forgery, it is important to seek the advice of an experienced criminal defense attorney who can help you navigate the legal process and minimize the consequences of a conviction.
