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Federal- Forgery

Statute
18 USC 495. Contracts, deeds, and powers of attorney

(Endorsement of Government Check):Whoever falsely makes, alters, forges, or counterfeits any deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive from the United States or any officers or agents thereof, any sum of money shall be guilty of an offense against the United States.

(Uttering a Forged Endorsement): Whoever utters or publishes as true any such false, forged, altered, or counterfeited writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited shall be guilty of an offense against the United States.

18 USC 510. Forging endorsements on Treasury checks or bonds or securities of the United States (having face value greater than $1,000).

  1. Whoever, with intent to defraud -
    1. falsely makes or forges any endorsement or signature on a Treasury check or bond or security of the United States; or
    2. passes, utters, or publishes, or attempts to pass, utter, or publish, any Treasury check or bond or security of the United States bearing a falsely made or forged endorsement or signature;
    shall be fined under this title or imprisoned not more than ten years, or both.
  2. Whoever, with knowledge that such Treasury check or bond or security of the United States is stolen or bears a falsely made or forged endorsement or signature buys, sells, exchanges, receives, delivers, retains, or conceals any such Treasury check or bond or security of the United States shall be fined under this title or imprisoned not more than ten years, or both.
  3. If the face value of the Treasury check or bond or security of the United States or the aggregate face value, if more than one Treasury check or bond or security of the United States, does not exceed $1,000, in any of the above-mentioned offenses, the penalty shall be a fine under this title or imprisonment for not more than one year, or both.

Jury Instruction
(Endorsement of a Government Check): The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant forged the payee’s endorsement on a United States Treasury check having a face value of more than $1000, as charged; and
  2. That the Defendant did so willfully and with intent to defraud, that is, to obtain, or to enable some other person to obtain a sum of money directly or indirectly from the United States.

The “payee” of a check is the true owner or person to whom the check was payable.

The term “forging” means to write a payee’s endorsement or signature on a check without the payee’s permission or authority.

To act with “intent to defraud” means to act knowingly and with the specific intent to deceive, ordinarily for the purpose of causing some financial loss to another or bringing about some financial gain to one’s self.

The offense is complete whenever someone willfully forges the payee’s endorsement with intent to defraud, and it is not necessary to show that the Government was in fact defrauded or that anyone actually obtained money from the United States.

(Uttering a Forged Endorsement): The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant uttered or attempted to pass and circulate as true and genuine the United States Treasury having value of more than $1000 as described in the indictment;
  2. That the Defendant did so with knowledge that the payee’s endorsement on the check was a forgery; and
  3. That the Defendant acted willfully with intent to defraud the United States.

The “payee” of a check is the true owner or person to whom the check was payable.

The term “forging” means to write a payee’s endorsement or signature on a check without the payee’s permission or authority.

To “utter” or “pass” a check includes any attempt to cash or otherwise place in circulation, and in doing so to state or imply, directly or indirectly, that the check and the endorsement are genuine.

To act with “intent to defraud” means to act knowingly and with the specific intent to deceive, ordinarily for the purpose of causing some financial loss to another or bringing about some financial gain to one’s self.

The offense is complete whenever someone willfully forges the payee’s endorsement with intent to defraud, and it is not necessary to show that the Government was in fact defrauded or that anyone actually obtained money from the United States.