thumb|right|330px|On the right, real sheet of a theatre [[surimono by Kunisada; on the left, a faked signature of Hokkei, .]]

Forgery is a white-collar crime that generally consists of the false making or material alteration of a legal instrument with the specific intent to defraud.

Criminal law

England and Wales and Northern Ireland

In England and Wales and Northern Ireland, forgery is an offence under section 1 of the Forgery and Counterfeiting Act 1981, which provides:

"Instrument" is defined by section 8, "makes" and "false" by section 9, and "induce" and "prejudice" by section 10.

Forgery is triable either way. A person guilty of forgery is liable, on conviction on indictment, to imprisonment for a term not exceeding ten years, or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.

For offences akin to forgery, see English criminal law#Forgery, personation, and cheating.

The common law offence of forgery is abolished for all purposes not relating to offences committed before the commencement of the Forgery and Counterfeiting Act 1981.

Scotland

Forgery is not an official offence under the law of Scotland, except in cases where statute provides otherwise.

The Forgery of Foreign Bills Act 1803 was repealed in 2013.

Republic of Ireland

In the Republic of Ireland, forgery is an offence under section 25(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001 which provides:

A person guilty of forgery is liable, on conviction on indictment, to imprisonment for a term not exceeding ten years, or to a fine, or to both.

Any offence at common law of forgery is abolished. The abolition of a common law offence of forgery does not affect proceedings for any such offence committed before its abolition.

Except as regards offences committed before the commencement of the Criminal Justice (Theft and Fraud Offences) Act 2001 and except where the context otherwise requires, without prejudice to section 65(4)(a) of that Act, references to forgery must be construed in accordance with the provisions of that Act.

Canada

Forgery is an offence under sections 366, 367 and 368 of the Canadian Criminal Code. The offence is a hybrid offence, subject to a maximum prison sentence of:

  • if tried summarily: 6 months
  • if tried on indictment: 10 years

United States

Forgery is a crime in all jurisdictions within the United States, both state and federal. Most states, including California, describe forgery as occurring when a person alters a written document "with the intent to defraud, knowing that he or she has no authority to do so." The written document usually has to be an instrument of legal significance. Punishments for forgery vary widely. In California, forgery for an amount under $950 can result in misdemeanor charges and no jail time, while a forgery involving a loss of over $500,000 can result in three years in prison for the forgery plus a five-year "conduct enhancement" for the amount of the loss, yielding eight years in prison. In Connecticut, forgery in the Third Degree, which is a class B misdemeanor is punishable by up to 6 months in jail, a $1000 fine, and probation; forgery in the First Degree, which is a class C felony, is punishable by a maximum 10 years in prison, a fine of up to $10,000 fine, or both.

Russia

In Russian, the forgery of an official document is called .

The law of the Russian Empire, distinguished documental forgery of governmental documents (further classified into subcategories: fogreries of decrees, passports, etc.) and of private documents (wills, negotiable instruments, etc.

The Law of the Soviet Union distinguished documental forgery by a private person and by an official.

According to the Criminal Code of Russia, Article 292 "Official forgery" i.e., forgery of official documents by an official, civil servant or a municipal employee () is a criminal offense punishable by a fine of up to 500,000 rubles, forced labor, or imprisonment for up to four years.

Civil law

As to the effect, in the United Kingdom, of a forged signature on a bill of exchange, see section 24 of the Bills of Exchange Act 1882.

  • The 1839 novel by HonorĂ© de Balzac, Pierre Grassou, concerns an artist who lives off forgeries.
  • Alexander Howland Smith was a prominent forger in the 1880's, including of the writings of Robert Burns' Scottish poetry.
  • The Orson Welles documentary F for Fake concerns both art and literary forgery. For the movie, Welles intercut footage of Elmyr de Hory, an art forger, and Clifford Irving, who wrote an "authorized" autobiography of Howard Hughes that had been revealed to be a hoax. While forgery is the ostensible subject of the film, it also concerns art, film making, storytelling and the creative process.
  • The 1966 heist comedy film How to Steal a Million centers around Nicole Bonnet (Audrey Hepburn) attempting to steal a fake Cellini made by her grandfather.
  • The 1964 children's book Charlie and the Chocolate Factory written by Roald Dahl revealed the "golden ticket" in Japan was a forgery.
  • The 1972 novel by Irving Wallace, The Word concerns archaeological forgery, the finding and translation of a supposed lost gospel by James the Just, close relative of Jesus Christ, as part of a large project to be published as a new Bible that would inspire a Christian revival, but which is possibly a forged document.
  • The 2002 film Catch Me If You Can, directed by Steven Spielberg, is based on the claims of Frank Abagnale, a con man who allegedly stole over US$2.5 million through forgery, imposture and other frauds, which are dramatized in the film. His career in crime lasted six years from 1963 to 1969. The veracity of most of Abagnale's claims has been questioned.
  • The graphic art novel The Last Coiner, authored by Peter M. Kershaw, is based on the exploits of the 18th century English counterfeiters, the Cragg Vale Coiners, who were sentenced to execution by hanging at Tyburn.

See also

  • Art forgery
  • Authentication
  • J. S. G. Boggs American artist
  • Counterfeiting
  • coins
  • currency
  • medicine
  • watches
  • postage stamps
  • Digital signature forgery
  • Epigraphy
  • Literary forgery
  • Phishing
  • Questioned document examination
  • Replica
  • Signature forgery
  • United States Secret Service
  • White-collar crime

References

Sources

  • Cohon, Robert. Discovery & Deceit: archaeology & the forger's craft Kansas: Nelson-Atkins Museum, 1996
  • Muscarella, Oscar. The Lie Became Great: the forgery of Ancient Near Eastern cultures, 2000
  • "Imaginary Images" in Detecting the Truth: Fakes, Forgeries and Trickery at Library and Archives Canada
  • Bibliographies of archaeological forgeries, art forgeries etc
  • Museum security mnetwork: sources of information on art forgery; with encyclopedic links
  • Fakes and Forgeries on the Trafficking Culture website, University of Glasgow
  • Academic Classification of Levels of Forgery on The Authentication in Art Foundation Website
  • List of Caught Art Forgers on The Authentication in Art Foundation Website