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Archive for the ‘identify theft’ tag

Forgery: White Collar Crime

January 11th, 2016 at 9:24 am

Illinois criminal lawyer, Illinois defense attorney, Illinois criminal laws, When an act of forgery involves money in someway, the crime is generally characterized as a white collar crime. According to 720 ILCS 5/17-3, forgery occurs when a person knowingly, with the intent to defraud someone else, makes a false document, object or statistic, or alters any of these to make them false. The forgery must be capable of defrauding another individual. Simply supplying a document that you know to be false can be considered forgery, as can merely having a forged document in your possession, with the intent to defraud another.

Forgeries can take many forms. Some of the most common examples of forgery include:

Identity Theft

Forged documents are commonly used in identity theft cases. One person poses as another by misrepresenting their identity, which can be as simple as filling out a form as if you were someone else, or manufacturing a fake passport or driver’s license with your photo, but someone else’s personal identification information. These crimes often arise when a person tries to take out a line of credit or obtain a credit card with personal identification information that has been misappropriated or stolen.

Counterfeiting

Counterfeiting is related to forgery, but is a more serious offense. Counterfeiting, for the most part, falls to the purview of federal jurisdiction (meaning it is a federal crime), but Illinois law also tackles the crime under the deception and frauds statutes, 720 ILCS 5/17-0.5. Counterfeiting occurs where a person manufactures something that is fake, but acts or uses the manufactured item as if it were legitimate, authorized or real. A person can counterfeit, or manufacture, any number of items, including but not limited to fake money, passports, IDs, credit cards, legal papers, and goods.

Bad Checks

When it comes to writing bad checks, there are two main types: issuing a check when you know that there are insufficient funds to cover the check’s value, and fraudulently issuing a check (either posing as someone else, or using a fraudulently obtained or stolen check). Issuing bad checks can fall under the umbrella of forgery if some aspect of the bad check is deceptive, and the person who “issues” the check does so with the intent of defrauding the recipient of the check.

What Defenses Can Be Used for Forgery Charges?

When you are charged with forgery, there are a number of defenses that could be raised on your behalf. For instance, if someone posed as you – i.e. stole your identity – and then committed forgery, you are not the person who had the intent to defraud, and you were not the person involved in the forgery.  You were merely a victim of identity theft.

It is also possible that your forgery charges could be defended against if you lacked knowledge that you were committing a forgery, which is commonly tied to lacking the intent to defraud someone. Simply making a mistake on important paperwork, or failing to notice a mistake, is not fraud or forgery, unless you had the intent to defraud another. An experienced criminal lawyer can go over the details of your alleged crime, and can help you develop the best legal defense you have available in light of the specific facts of your case.

Call the Law Offices of Christopher M. Cosley

Forgery charges are serious charges. When you need a white collar crime lawyer, contact a skilled Rolling Meadows criminal defense attorney as soon as possible. An attorney can help you protect your rights in your criminal case.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K17-3

http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+24&ActID=1876&ChapAct=720%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60752&SeqStart=50300000&SeqEnd=53000000&ActName=Criminal+Code+of+1961.

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