Forged Signature Federal.

There is no single federal felony statute that covers every instance or form of forgery, and most “ordinary” cases involving forged signatures will be state-level criminal matters. Federal criminal law is a collection of separate statutes, rather than a comprehensive criminal code.

In cases in which forgery is handled at the federal level, the type of document involved, the transaction it was a part of, the federal interest involved (if any), and the specific statute charged will all come into play. For example, under 18 U.S.C. §§ 471-474, the act of forging, counterfeiting, or which in any other way making or using spurious securities, notes, or other obligations of the United States is a federal crime; but just forging a signature on a document is not necessarily the federal crime of “forgery” (or “uttering a forged instrument”) under the federal criminal statutes.

Although most ordinary cases of forgery are state-level offenses, interstate movement does not always trigger federal authority. Moving across state lines alone is not an automatic trigger for federal prosecution; but, as with any other offense, if it triggers a federal fraud statute (such as mail or wire fraud) then it could become a federal offense.

The act of forging a signature may be a criminal offense under state or federal law, depending on the circumstances, and both state and federal authorities may conduct investigations and pursue criminal charges. In the federal criminal justice system, defendants charged with various types of federal crimes can see their cases moved from the federal courts to state courts (and vice-versa), depending on the specific facts and circumstances involved. Thus, it is common for individuals to be charged with committing an offense under the laws of both the state and the federal sovereign simultaneously.

Which federal statutes cover forged federal writings, securities, and checks?

At the federal level, forged signature crimes fall under several different statutes, depending on what you forged and the purpose of the forgery. Several of these statutes include specific provisions targeting the forging of federal writings and other documents.

Two examples of these federal statutes are:

18 U.S.C. § 495 (False writing used in claim or demand under obligation of United States)

This federal statute prohibits the forging of a signature on any “false writing” with the intent to defraud the United States. With respect to obtaining money and property, 18 U.S.C. § 495 reads, in pertinent part, that a false writing may be used “for the purpose of obtaining or receiving, or of enabling another person to obtain or receive from the United States or its officers or agents, any sum of money.”

The statute specifically refers to “any deed, power of attorney, order, certificate, receipt, contract, or other writing.” For example, under 18 U.S.C. § 495, you could be criminally liable for forging a signature on a contract if you did so in order to try to get money from the United States government or in order to facilitate the defrauding of the United States government.

To be convicted of a crime under 18 U.S.C. § 495, the government must be able to prove that you forged a signature with the specific intent to defraud the United States or to facilitate the defrauding of the United States. This is a highly fact-specific legal standard, and what counts as evidence in a particular case can vary significantly.

A conviction under 18 U.S.C. § 495 carries a maximum penalty of a ten-year federal prison sentence and a fine.

18 U.S.C. § 471 (Counterfeiting obligations or securities of United States)

In addition to targeting false writings, 18 U.S.C. § 471 targets “forgeries” made of a different kind. Forging a signature on a check or other similar document is covered by this statute if the document in question is a “United States obligation or security.” A conviction under 18 U.S.C. § 471 carries a maximum twenty-year prison sentence and a fine.

Which federal offenses reach seals, VINs, passports, and identification documents?

At the federal level, forging a signature is a criminal offense under several different statutes. Two examples of federal statutes that include forged signature offenses are:

18 U.S.C. § 505 (Forging seals, etc., of federal departments, agencies, and officers)

Section 505 prohibits forging the signatures of judges, registers, or other officers of United States courts, and forging or counterfeiting the seals of those courts, for purposes of authenticating proceedings or documents. This includes the seals of United States courts and the signatures of judges, registers, and other officers of those courts when used to authenticate proceedings or documents. Under this statute, forging a signature on a document is only a federal crime when this signature or seal constitutes evidence of official authority. The separate seal offense in 18 U.S.C. § 506 addresses certain knowing use or possession, with fraudulent intent, of forged or altered department or agency seals. A conviction under this federal statute carries a maximum penalty of a five-year prison sentence and a fine.

18 U.S.C. § 506 (Forging seals of federal courts and signatures of federal judges)

Section 506 covers similar conduct to section 505, but the scope is limited to the seals of departments or agencies of the United States. Specifically, under 18 U.S.C. § 506, forging, counterfeiting, mutilating, or altering the seal of a department or agency of the United States, or knowingly using or possessing such a seal with fraudulent intent, is a federal crime. Forging the signature of a federal judge, such as a district judge, appellate judge, or justice of the Supreme Court is also a crime under 18 U.S.C. § 505. A violation of the applicable statute is punishable by a fine under Title 18, imprisonment for not more than five years, or both.

18 U.S.C. § 511 (Counterfeiting vehicle identification numbers and other forged documentation)

Along with targeting counterfeit seals and official federal signatures, federal law also prohibits forging signatures on other documents. For example, under 18 U.S.C. § 511, tampering with, removing, or altering a vehicle identification number (VIN) or other information required to be included on a VIN plate is a federal crime. Knowingly removing, obliterating, tampering with, or altering a vehicle identification number is also a crime under 18 U.S.C. § 511. Similarly, 18 U.S.C. § 1028 prohibits certain conduct involving false identification documents.

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How can prosecutors prove who signed, altered, or used the document?

Prosecutors must do more than prove that a document was forged to seek a conviction. They must prove that the defendant knowingly signed, altered, or used a forged document as well. Accidentally signing or altering a document does not typically trigger liability, and having permission to sign another person’s name would undercut the required fraudulent intent.

Additionally, when a defendant is facing criminal liability for his or her purported use of a forged document, the government will need to prove, where required by the charged statute, that the defendant knew the document contained a forged signature or other false information. Use of a forged document is a crime, but a lack of knowledge can be enough to prevent liability.

Proving the Defendant’s Connection to the Forged Document

Prosecutors may also seek to prove a defendant’s connection to a forged signature or document using additional types of evidence. If they can prove that a defendant signed or altered the document in order to commit a fraud, this can strengthen the likelihood of a conviction. Similarly, if they have video or eyewitness testimony showing a defendant committing the act in question, this can strengthen the likelihood of a conviction as well.

Ultimately, however, the strength of a case for a conviction in a federal forgery case depends on the types of evidence that prosecutors have, as well as whether they can effectively use this evidence to build their case. Here too, evidence of a defendant’s knowledge and intent will play a crucial role in federal prosecutors’ ability to seek conviction. While having evidence showing that a document was forged is important, it is often not sufficient on its own, and prosecutors must prove that the defendant knew about and used the forgery for an illegal purpose as well.

What do federal deadlines, sentencing ceilings, and restitution mean in a forgery case?

Whether a defendant faces a federal forgery charge for a specific act or a series of acts, there are several legal issues to consider. With respect to the deadlines for filing a case, the federal statute of limitations for noncapital offenses is generally five years under 18 U.S.C. § 3282(a). However, the statute of limitations period can differ when the specific federal statute at issue provides for another deadline.

With respect to the defendant’s exposure under the U.S. federal criminal justice system, a sentencing ceiling is the maximum statutory penalty, a term of imprisonment, and/or a fine that the judge can impose upon an individual for a particular federal criminal offense. A conviction for a federal forgery crime can also lead to other consequences, including issues regarding a defendant’s eligibility for U.S. citizenship or immigration status, employment opportunities, professional licensing, educational opportunities, and the loss of a right to own a firearm, the loss of the right to vote, and a loss of the right to hold office.

Mandatory and Discretionary Restitution in Federal Forgery Cases

Under the U.S. federal criminal justice system, restitution is different from criminal fines and other forms of federal financial penalties. Restitution is a payment a defendant makes to a victim for losses directly and proximately caused by the offense.

Under the federal system, there are two different types of restitution, mandatory restitution and discretionary restitution. Mandatory restitution is imposed by the judge under 18 U.S.C. § 3663A, but the statute only applies to qualifying offenses and cases involving a qualifying loss. Mandatory restitution under 18 U.S.C. § 3663A is required for offenses covered by the statute and is generally based on the victim’s qualifying losses, subject to the statute’s terms rather than a general restitution ceiling.

Discretionary restitution is a type of restitution that the judge can impose in federal criminal cases under 18 U.S.C. § 3663, but it can also be subject to a restitution ceiling if applicable. A federal court may order discretionary restitution under 18 U.S.C. § 3663 when that statute’s offense, victim, and loss requirements are satisfied, while mandatory restitution under § 3663A applies only to offenses covered by § 3663A(c).

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