Also known as: false-making · falsemaking · forgery
Written by attorneys · grounded in primary & secondary sources — see below
The fraudulent making or altering of a writing so that it appears to be genuine. The writing must misrepresent its own execution or nature rather than merely contain false statements, and the act must be done with intent to defraud.
Forrest Falconer received a check from Frostline Textiles in payment for goods. The check bore no visible signs of alteration when Falconer negotiated it to a bank. The bank later discovered the drawer signature had been forged but could not point to any irregularity apparent on the face of the instrument at the time of negotiation.
Fatima Flores left her signature stamp unsecured in an open office drawer. A coworker used the stamp to forge endorsements on several checks drawn on Flores's account. The bank paid the checks in good faith and later sought to preclude Flores from asserting the forgeries.
Select any source to read its text and confirm it supports the definition.
Farah Fox prepared financial statements containing forged board resolutions for Franklin Foundry. The company's outside auditors failed to detect the false making during their review. Investors later sued the auditors for negligence in not uncovering the fabricated documents.
Francesca Fowler was convicted after forging a government contract to obtain a federal grant. The trial court imposed a lengthy prison term. Fowler challenged the sentence as cruel and unusual punishment given the nonviolent nature of the false making offense.
Frederick Ferguson created a forged selective service card as part of a public demonstration against the draft. He burned the document during the protest. Prosecutors charged him with false making even though the act was intended as symbolic speech.
Flora Ford deposited a U.S. Treasury check bearing a forged endorsement at Fulton Shipping's account. The government later sought recovery from the bank. The dispute turned on whether federal common law or state rules governed liability for the false making on the federal instrument.
Yes. Only writings that appear to have legal significance, such as contracts or commercial instruments, can be the subject of false making at common law. A document valued solely for historical or artistic reasons does not qualify.
Yes. Fraudulently causing another to sign a document without understanding what is being signed constitutes false making. If the signer understands the document, no false making occurs even if the signature was obtained by misrepresentation.
No. Intent to defraud is sufficient. The prosecution need not show that anyone suffered pecuniary harm or that the defendant caused actual loss.
A lawyer must report when the lawyer knows of a violation involving false making that raises a substantial question about the other lawyer's honesty or fitness, unless the information is protected by confidentiality rules.
…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…