Movie plots are ripe with crimes involving forgery. In particular are forgeries of famous works of arts, such as the Mona Lisa, or just average works of art with the forged signature of a master. Forgery is more common on a smaller level. The student that signs their parent’s name as having viewed a failing report card is forgery. The business executive that signs his partner’s name to a report is also a forgery
Let us look at the last example. Is it necessarily forgery for a business executive to sign his partner’s name? It depends. The partner could have given permission. Then it would not be forgery. While the act is the same, that of writing the business partner’s name, in one instance it would be forgery and in another instance it would not be forgery. How would we know?
Definition of Fraud
In Florida, the elements of forgery require (1) that there be a falsely made or materially altered written instrument; (2) that the writing be of such a character that, if genuine, it might apparently be of legal efficacy for injury to another, or the foundation of a legal liability; and (3) that there be an intent to injure or defraud. See Brown v. State, 426 So.2d 76 (Fla. App. 1 Dist., 1983) citing Ch. 831, Fla.Stat.; 16 Fla.Jur.2d Criminal Law §§ 1564-1568 (1979).
Element 1 of Fraud
Someone must either make or alter a written instrument. Florida Statutes 831.01 states it more clearly as anyone that falsely makes, alters, forges or counterfeits a written instrument. In our examples above, our student and our business executive have falsely written names that are not their own. So the first element for both of them has been proven.
Element 2 of Fraud
If the written instrument were to be taken as true, would someone be injured by that written instrument? A forged title to a house would be an example of such a written instrument. The title (or deed) gives ownership of the property. The real owner would obviously be damaged since they have lost their property. In our two examples from above, how would someone be injured by the student’s forgery? The parent would be one such person. They expect the best from their child. Had the parent known of the child’s failure, the child could have received remedial education on the topic. For the business executive, if the partner did not know of the signing, it could affect ownership in the company. Injury can be any damage and it does not need to be significant to be valid.
Element 3 of Fraud
Intent is the crux of the definition of forgery. Art galleries have patrons that set up an easel and try to duplicate the painting on display. The painter’s skill could be magnificent and the result almost indistinguishable from the original. Is this a forgery? It all revolves around the question of intent. If the painter’s intent is to claim credit for being able to duplicate the master, it is not a forgery. If the painter’s intent is to pass off the copy as an original from the master, it is a forgery. Intent would be defined as the purpose or goal of the instrument. If the intent was to make it for oneself or someone else, without defining the instrument as the original, it cannot be forgery. If the intent was to defraud someone, then it is a forgery.
Penalties
Criminal Penalties for Fraud
If there is an intent to defraud or cause injury with the altered instrument, that individual is committing the crime of forgery in Florida. Forgery is a third-degree felony in this state and is punishable by a fine of up to $5,000 and not more than five years in a state penitentiary. In addition to the fines and incarceration, the guilty party will also have to make restitution. Restitution could include confiscating property and other assets of the guilty party to repay the damaged party.
Civil Penalties for Fraud
The court will generally order restitution of monies lost resulting from the forgery. However, the injury may be more severe. As an example, assume a claim of title to a vehicle was based on a forged document. The guilty party took possession of the vehicle. After the criminal trial, the court ordered restitution in the form of return of the vehicle. This may not include the costs to rent another vehicle, hire an attorney, the emotional damage or marital discourse. Remedies for these damages can be sought in the civil courts.
Conclusion
Florida Statutes 831 defines forgery as whoever falsely makes, alters, forges or counterfeits an instrument with intent to injure or defraud any person, shall be guilty of a felony of the third degree. A keyword is “intent.” Writing someone’s name on a document may not be forgery if the intent were not to defraud. Intent is a question of fact that a judge or jury have to decide based on a trial.
