Also known as: fabricavit · contrafecit · forgery · counterfeiting
Written by attorneys · grounded in primary & secondary sources — see below
A historical phrase used in indictments to charge that the defendant forged and counterfeited a writing or instrument. The phrase alleges the making of a false writing with intent to defraud.
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Fernando Farrell minted coins resembling U.S. currency to pay debts. Congress exercised its power to punish the counterfeiting. Prosecutors charged him using the phrase to allege he had forged and counterfeited the securities.
Faith Fitzgerald was indicted after presenting a forged customer check. Prosecutors used the phrase in the charging document to allege she had fabricated and counterfeited the instrument with intent to defraud the bank. The court examined whether the indictment language satisfied common-law pleading requirements.
Francisco Frost faced indictment after an employee forged checks from his unsecured book. The charging instrument employed the phrase to allege he had fabricated and counterfeited multiple instruments. Prosecutors argued his negligence supported the forgery charge under the indictment language.
Felipe Figueroa was indicted for preparing financial statements with fabricated entries. Prosecutors inserted the phrase into the indictment to charge that he had forged and counterfeited the documents with intent to defraud investors. The court reviewed the sufficiency of the historic pleading language.
Farah Fox was charged after signing another person's name to official documents. The indictment used the phrase to allege she had forged and counterfeited the instruments. The court upheld the charge under due process standards.
Falcon Dynamics executives were indicted after creating false bonds. Prosecutors relied on the phrase to charge that they had fabricated and counterfeited government securities. After conviction the court examined whether the sentence for the offense violated constitutional limits.
The phrase charges that the defendant made or altered a writing so that it falsely appeared to be genuine. It requires proof of the act of fabrication together with intent to defraud.
Supporting sources
The phrase captures the core act of making a false writing. Common law requires that the writing itself misrepresent its own authenticity rather than merely contain false statements.
The phrase historically covered both coins and writings such as bills of lading or commercial documents. Any writing with apparent legal significance could be the subject of the charge.
Supporting sources
…Evidence - Opinion ID: 110324 Syllabus The Court of Common Pleas of Franklin County, Ohio, convicted respondent of forgery of a check in the name of Bernard Isaacs and of receiving stolen property, namely, checks in the name of Isaacs and his wife. The checks had been taken from the Isaacs' home, which had been…