Also known as: falsare · falsarius · falsonarius · falsi · crimen falsi · forgery
Written by attorneys · grounded in primary & secondary sources — see below
A writing that is false because it misrepresents its own nature or execution rather than merely containing false statements.
Select any source to read its text and confirm it supports the definition.
Frontier Capital receives a promissory note from a customer. The note shows no visible signs of alteration when negotiated to the bank. Frontier Capital qualifies as a holder in due course because the instrument bears no apparent evidence of forgery that would call its authenticity into question.
Fairview Manufacturing leaves blank checks accessible in an unlocked drawer. An employee forges a signature on one check and cashes it at Flagship Logistics. Fairview Manufacturing cannot assert the forgery against the bank that paid in good faith because its failure to exercise ordinary care substantially contributed to the forged signature.
Finn Fletcher faces a state forgery prosecution based on an information rather than a grand jury indictment. He argues the procedure violates due process. The court upholds the conviction because due process does not require indictment by grand jury in state proceedings.
The United States issues checks that are later deposited with forged endorsements at local banks. Clearfield Trust Co. asserts state law defenses. The Supreme Court applies a uniform federal rule to determine rights on the forged instruments because the checks implicate federal fiscal interests.
Frederick Ferguson receives a lengthy prison term for forgery under a statute imposing harsh penalties for falsifying government documents. He challenges the sentence as cruel and unusual. The Court examines whether the punishment is grossly disproportionate to the offense of falsum.
Foxfire Biotech relies on financial statements audited by Arthur Young & Co. that contain falsified revenue figures. Investors sue the auditor after discovering the falsum. The court limits auditor liability to intended beneficiaries under the circumstances of the engagement.
Forgery at common law requires making or altering a writing that is false, with intent to defraud. The writing itself must misrepresent its nature or execution rather than merely contain a false statement.
No. Only writings that appear to have legal significance may be the subject of forgery. Documents valued solely for historical or artistic reasons cannot support a falsum charge.
Yes. Both forgery and uttering require intent to defraud. Actual loss or pecuniary harm need not be shown. It suffices that the defendant intended to injure or disadvantage another through the false instrument.
…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…