Forgery

On the right, real sheet of a theatre surimono by Kunisada; on the left, a faked signature of Hokkei, c. 1825.

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.^[1]^[2] Tampering with a certain legal instrument may be forbidden by law in some jurisdictions but such an offense is not related to forgery unless the tampered legal instrument was actually used in the course of the crime to defraud another person or entity. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations.

Forging money or currency is more often called counterfeiting. But consumer goods may also be counterfeits if they are not manufactured or produced by the designated manufacturer or producer given on the label or flagged by the trademark symbol. When the object forged is a record or document it is often called a false document.

This usage of "forgery" does not derive from metalwork done at a blacksmith's forge, but it has a parallel history. A sense of "to counterfeit" is already in the Anglo-French verb forger, meaning "falsify".

A forgery is essentially concerned with a produced or altered object. Where the prime concern of a forgery is less focused on the object itself – what it is worth or what it "proves" – than on a tacit statement of criticism that is revealed by the reactions the object provokes in others, then the larger process is a hoax. In a hoax, a rumor or a genuine object planted in a concocted situation, may substitute for a forged physical object.

The similar crime of fraud is the crime of deceiving another, including through the use of objects obtained through forgery. Forgery is one of the techniques of fraud, including identity theft. Forgery is one of the threats addressed by security engineering.

In the 16th century, imitators of Albrecht Dürer's style of printmaking improved the market for their own prints by signing them "AD", making them forgeries. In the 20th century the art market made forgeries highly profitable. There are widespread forgeries of especially valued artists, such as drawings originally by Pablo Picasso, Paul Klee, and Henri Matisse.

A special case of double forgery is the forging of Vermeer's paintings by Han van Meegeren, and in its turn the forging of Van Meegeren's work by his son Jacques van Meegeren.^[3]

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:

A person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.^[4]

"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.^[5]

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.^[6]

Scotland

Forgery is not an official offence under the law of Scotland, except in cases where statute provides otherwise.^[7]^[8]

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 is guilty of forgery if he or she makes a false instrument with the intention that it shall be used to induce another person to accept it as genuine and, by reason of so accepting it, to do some act, or to make some omission, to the prejudice of that person or any other person.^[9]

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.^[10]

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.^[11]

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.^[12]

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.^[1]^[2] 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."^[13] 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^[14] 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.^[15] In Connecticut, forgery in the Third Degree, which is a class B misdemeanor^[16] 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,^[17] is punishable by a maximum 10 years in prison, a fine of up to $10,000 fine, or both.^[18]

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.

In popular culture

The 1839 novel by Honoré de Balzac, Pierre Grassou, concerns an artist who lives off forgeries.^[19]
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.^[20]
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.^[21]
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.^[22]
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.^[23] The veracity of most of Abagnale's claims has been questioned.^[24]
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.^[25]

References

^ ^a ^b United States v. Hunt, 456 F.3d 1255 Archived 2018-11-15 at the Wayback Machine, 1260 (10th Cir. 2006) ("Historically, forgery was defined as the false making, with the intent to defraud, of a document which is not what it purports to be, as distinct from a document which is genuine but nevertheless contains a term or representation known to be false.") (internal quotation marks omitted) (emphasis added); see generally, 10 U.S.C. § 923 ("Forgery"); 18 U.S.C. §§ 470–514 (counterfeiting and forgery-related federal offenses); 18 U.S.C. § 1543 ("Forgery or false use of passport").
^ ^a ^b "§ 19.71 S. Forgery". The Law Offices of Norton Tooby. Archived from the original on 2019-04-23. Retrieved 2018-11-15.
^ Davies, Serena (2006-08-04). "The forger who fooled the world". The Daily Telegraph. ISSN 0307-1235. Archived from the original on 2022-01-12. Retrieved 2019-04-29.
^ Legislation.gov.uk. Digitised copy of section 1 Archived 2018-08-04 at the Wayback Machine.
^ The Forgery and Counterfeiting Act 1981, sections 6(1) to (3)(a) Archived 2018-06-22 at the Wayback Machine
^ The Forgery and Counterfeiting Act 1981, section 13 Archived 2012-11-14 at the Wayback Machine
^ W J Stewart and Robert Burgess. Collins Dictionary of Law. HarperCollins Publishers. 1996. ISBN 0 00 470009 0. Pages 176 and 398.
^ Stair Memorial Encyclopaedia
^ Irish Statute Book. Digitised copy of section 25 Archived 2022-11-13 at the Wayback Machine.
^ The Criminal Justice (Theft and Fraud Offences) Act 2001, section 25(2)
^ The Criminal Justice (Theft and Fraud Offences) Act 2001, sections 3(2) and (3) Archived 2022-11-13 at the Wayback Machine
^ The Criminal Justice (Theft and Fraud Offences) Act 2001, section 65(4)(b) Archived 2022-11-13 at the Wayback Machine
^ "California Legislative Information, Penal Code section 470". Archived from the original on 15 November 2018. Retrieved 20 July 2017.
^ Brady, Katherine (November 2014). "California Prop 47 and SB 1310: Representing Immigrants" (PDF). Immigrant Legal Resource Center1. Archived (PDF) from the original on 1 August 2017. Retrieved 1 August 2017.
^ Couzens, J. Richard; Bigelow, Tricia A. (May 2017). "Felony Sentencing After Realignment" (PDF). California Courts. Archived (PDF) from the original on 1 August 2017. Retrieved 1 August 2017.
^ "Chapter 952 - Penal Code: Offenses". www.cga.ct.gov. Archived from the original on 2018-07-19. Retrieved 2017-08-09.
^ "Chapter 952 - Penal Code: Offenses". www.cga.ct.gov. Archived from the original on 2018-07-19. Retrieved 2017-08-09.
^ Norman-Eady, Sandra; Coppolo, George; Reinhart, Christopher (1 December 2006). "Crimes and Their Maximum Penalties". Office of Legislative Research. Connecticut General Assembly. Archived from the original on 19 October 2017. Retrieved 9 August 2017.
^ Yeazell, Ruth Bernard (2008). Art of the Everyday: Dutch Painting and the Realist Novel. Princeton University Press. p. 88. ISBN 978-0691127262.
^ McBride, Joseph (2006). What Ever Happened to Orson Welles?: A Portrait of an Independent Career. University Press of Kentucky. pp. 245–250. ISBN 0813124107.
^ Casper, Drew (2011). Hollywood Film 1963-1976: Years of Revolution and Reaction. John Wiley & Sons. p. 1972. ISBN 978-1405188272.
^ Cawelti, John G. (1977). Adventure, Mystery, and Romance: Formula Stories as Art and Popular Culture. University of Chicago Press. p. 281. ISBN 0226098672.
^ Wight, Douglas (2012). "Owning December". Leonardo DiCaprio: The Biography. John Blake Publishing Ltd. ISBN 978-1857829570.
^ Lopez, Xavier (23 April 2021). "Could this famous con man be lying about his story? A new book suggests he is". WHYY. WHYY. PBS. Archived from the original on 8 February 2022. Retrieved 26 June 2022.
^ "Telling the Coiners' story". BBC North Yorkshire. 3 June 2008. Archived from the original on 27 December 2016. Retrieved 9 November 2012.

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

External links

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

[United_States-1] United States v. Hunt, 456 F.3d 1255 Archived 2018-11-15 at the Wayback Machine, 1260 (10th Cir. 2006) ("Historically, forgery was defined as the false making, with the intent to defraud, of a document which is not what it purports to be, as distinct from a document which is genuine but nevertheless contains a term or representation known to be false.") (internal quotation marks omitted) (emphasis added); see generally, 10 U.S.C. § 923 ("Forgery"); 18 U.S.C. §§ 470–514 (counterfeiting and forgery-related federal offenses); 18 U.S.C. § 1543 ("Forgery or false use of passport").

[Tooby-2] "§ 19.71 S. Forgery". The Law Offices of Norton Tooby. Archived from the original on 2019-04-23. Retrieved 2018-11-15.

[3] Davies, Serena (2006-08-04). "The forger who fooled the world". The Daily Telegraph. ISSN 0307-1235. Archived from the original on 2022-01-12. Retrieved 2019-04-29.

[4] Legislation.gov.uk. Digitised copy of section 1 Archived 2018-08-04 at the Wayback Machine.

[5] The Forgery and Counterfeiting Act 1981, sections 6(1) to (3)(a) Archived 2018-06-22 at the Wayback Machine

[6] The Forgery and Counterfeiting Act 1981, section 13 Archived 2012-11-14 at the Wayback Machine

[7] W J Stewart and Robert Burgess. Collins Dictionary of Law. HarperCollins Publishers. 1996. ISBN 0 00 470009 0. Pages 176 and 398.

[8] Stair Memorial Encyclopaedia

[9] Irish Statute Book. Digitised copy of section 25 Archived 2022-11-13 at the Wayback Machine.

[10] The Criminal Justice (Theft and Fraud Offences) Act 2001, section 25(2)

[11] The Criminal Justice (Theft and Fraud Offences) Act 2001, sections 3(2) and (3) Archived 2022-11-13 at the Wayback Machine

[12] The Criminal Justice (Theft and Fraud Offences) Act 2001, section 65(4)(b) Archived 2022-11-13 at the Wayback Machine

[13] "California Legislative Information, Penal Code section 470". Archived from the original on 15 November 2018. Retrieved 20 July 2017.

[14] Brady, Katherine (November 2014). "California Prop 47 and SB 1310: Representing Immigrants" (PDF). Immigrant Legal Resource Center1. Archived (PDF) from the original on 1 August 2017. Retrieved 1 August 2017.

[15] Couzens, J. Richard; Bigelow, Tricia A. (May 2017). "Felony Sentencing After Realignment" (PDF). California Courts. Archived (PDF) from the original on 1 August 2017. Retrieved 1 August 2017.

[16] "Chapter 952 - Penal Code: Offenses". www.cga.ct.gov. Archived from the original on 2018-07-19. Retrieved 2017-08-09.

[17] "Chapter 952 - Penal Code: Offenses". www.cga.ct.gov. Archived from the original on 2018-07-19. Retrieved 2017-08-09.

[18] Norman-Eady, Sandra; Coppolo, George; Reinhart, Christopher (1 December 2006). "Crimes and Their Maximum Penalties". Office of Legislative Research. Connecticut General Assembly. Archived from the original on 19 October 2017. Retrieved 9 August 2017.

[19] Yeazell, Ruth Bernard (2008). Art of the Everyday: Dutch Painting and the Realist Novel. Princeton University Press. p. 88. ISBN 978-0691127262.

[20] McBride, Joseph (2006). What Ever Happened to Orson Welles?: A Portrait of an Independent Career. University Press of Kentucky. pp. 245–250. ISBN 0813124107.

[21] Casper, Drew (2011). Hollywood Film 1963-1976: Years of Revolution and Reaction. John Wiley & Sons. p. 1972. ISBN 978-1405188272.

[22] Cawelti, John G. (1977). Adventure, Mystery, and Romance: Formula Stories as Art and Popular Culture. University of Chicago Press. p. 281. ISBN 0226098672.

[23] Wight, Douglas (2012). "Owning December". Leonardo DiCaprio: The Biography. John Blake Publishing Ltd. ISBN 978-1857829570.

[24] Lopez, Xavier (23 April 2021). "Could this famous con man be lying about his story? A new book suggests he is". WHYY. WHYY. PBS. Archived from the original on 8 February 2022. Retrieved 26 June 2022.

[25] "Telling the Coiners' story". BBC North Yorkshire. 3 June 2008. Archived from the original on 27 December 2016. Retrieved 9 November 2012.

[1]

[2]

[3]

[4]

[5]

[6]

[7]

[8]

[9]

[10]

[11]

[12]

[13]

[14]

[15]

[16]

[17]

[18]

[19]

[20]

[21]

[22]

[23]

[24]

[25]

v t e English criminal law
Classes of crimes	Indictable Either way Summary Regulatory (lowered mens rea) Statutory Common law
Elements of crimes	Actus reus Causation Mens rea Intention (criminal law) Intention in English law Recklessness Criminal negligence Corporate / Vicarious / Strict liability Omissions
Doctrines	Lesser included offences Concurrence Ignorantia juris non excusat
Inchoate offences	Encouraging or assisting a crime Conspiracy Accessory Attempt Common purpose
Defences	Self-defence Duress Necessity Loss of control Consent inc. participation in a sporting event Medical procedures Prevention of crime Lawful excuse Insanity Diminished responsibility Intoxication Category:Criminal defences
Offences against the person	Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide) Unlawful killing Child destruction Concealment of birth Wounding or causing grievous bodily harm Assault occasioning actual bodily harm Common assault Attempting to choke, &c. in order to commit any indictable offence Assault with intent to rob Robbery Assault with intent to rape Assault with intent to resist lawful apprehension Assaulting a constable in the execution of his duty Battery Kidnapping Child abduction False imprisonment Harassment Offences Against the Person Act 1861 Treason
Sexual offences	Rape Sexual assault Sexual Offences Act 2003
Public order offences	Riot Violent disorder Affray Unlawful assembly Fear or provocation of violence Harassment, alarm or distress intent aggravates Public Order Act 1986 Incitement to ethnic or racial hatred Nuisance Causing Public nuisance Outraging public decency Effecting a public mischief Keeping a disorderly house Preventing the lawful burial of a body Breach of the peace Rout Forcible entry Accessory (legal term) Misconduct in a public office Misfeasance in public office Abuse of authority Perjury of oath Dereliction of duty
Offences against property	Arson Dishonesty Cheating (law) Burglary Robbery Theft Criminal damage Squatting Trespass Taking without owner's consent Deception Handling stolen goods Misappropriation of funds Blackmail Extortion Cybercrime Theft Act 1968 Theft Act 1978 Fraud Act 2006 Fraud by abuse of position Conspiracy to defraud Fare evasion Webcam blackmail
Forgery, personation and cheating	Forgery Cheating the public revenue Uttering
Offences against justice	Bribery Perjury Perverting the course of justice Witness intimidation Witness tampering Misprision of treason Jury tampering Assault with intent to resist lawful apprehension Assaulting a constable in the execution of his duty Harboring a fugitive Encouraging or assisting a crime Escape from lawful custody Obstruction of justice Obstruction of a police officer Wasting police time Refusing to assist a constable Sedition Espionage Contempt of court Fabrication of false evidence Rescuing a prisoner
Other common law areas	Contract Tort Property Wills Trusts and estates Evidence Criminal procedure
English law portal For obsolete aspects see History of English criminal law table

v t e Media manipulation
Context	Bias Crowd psychology Deception Dumbing down False balance Half-truths Media Obfuscation Orwellian Persuasion Manipulation (psychology)
Activism	Advocacy group Alternative media Boycott Call-out culture Cancel culture Civil disobedience Culture jamming Demonstrations Deplatforming Grassroots Guerrilla communication Hacktivism Internet Media Occupations Petitions Protests Youth
Advertising	Billboards False Infomercials Mobiles Modeling Radio Sex Slogans Testimonials TV Criticism of advertising Annoyance factor
Censorship Media regulation	Books Broadcast law Burying of scholars Catch and kill Corporate Cover-ups Euphemism Films Historical negationism Internet Political Religious Self
Hoaxing	Alternative facts April Fools' Deepfake Fake news websites Fakelore False document Fictitious entries Firehose of falsehood Forgery Gaslighting List Literary Lying press Photograph manipulation Racial Urban legend Virus Video manipulation
Marketing	Branding Loyalty Product Product placement Publicity Research Word of mouth
News media	Agenda-setting Broadcasting Circus Cycle Emotive conjugation False balance Infotainment Managing Narcotizing dysfunction Newspeak Pseudo-event Scrum Sensationalism Tabloid journalism
Political campaigning	Advertising Astroturfing Attack ad Canvassing Character assassination Dog whistle Election promises Lawn signs Party platforms (or manifestos) Name recognition Negative Push polling Smear campaign Wedge issue
Propaganda	Bandwagon Big lie Crowd manipulation Disinformation Fearmongering Framing Indoctrination Loaded language National mythology Rally 'round the flag effect Techniques
Psychological warfare	Airborne leaflets False flag Fifth column Information (IT) Lawfare Political Public diplomacy Sedition Subversion
Public relations	Cult of personality Doublespeak Non-apology apology Reputation management Slogans Sound bites Spin Transfer Understatement Weasel words Corporate propaganda
Sales	Cold calling Door-to-door Pricing Product demonstrations Promotion Spaving Promotional merchandise Telemarketing
Related	Influence-for-hire Media bias United States Media concentration Media democracy Media ecology Media ethics Media franchise Media influence Media proprietor

v t e Types of fraud
Business-related	Billing Cramming Disability Drug / Pharmaceutical Email Employment Food Fixing Impersonation Intellectual property Internet Job Long firm Odometer Phone Health care fertility Ghost network quackery Racketeering Return Tech support Slamming Telemarketing Weight Wine
Family-related	Fertility Marriage Paternity
Financial-related	Advance-fee lottery scam Bank Bankruptcy Chargeback Cheque Credit card and carding Forex Insurance Lottery Mismarking Mortgage Overpayment Securities Shill bidding Tax
Government-related	Benefit Electoral Medicare Visa Welfare
Other types	Affinity Charity Counterfeiting Superdollar Faked death Forgery Fraud factory Hoax Impersonation Mail and wire honest services Scam Romance Bride Scientific Spyware Vomit White-collar crime
list Category

Authority control databases
National	United States France BnF data Israel
Other	NARA