Forgery is a

white-collar crime The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. It was first defined by the sociologist Edwin Sutherland in 1939 as "a ...

that generally refers to the false making or material alteration of a

legal instrument Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or ...

with the specific

intent Intentions are mental states in which the agent commits themselves to a course of action. Having the plan to visit the zoo tomorrow is an example of an intention. The action plan is the ''content'' of the intention while the commitment is the ''a ...

defraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...

anyone (other than themself). 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

misrepresentation In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The ...

s. Forging

money Money is any item or verifiable record that is generally accepted as payment for goods and services and repayment of debts, such as taxes, in a particular country or socio-economic context. The primary functions which distinguish money are as ...

currency A currency, "in circulation", from la, currens, -entis, literally meaning "running" or "traversing" is a standardization of money in any form, in use or circulation as a medium of exchange, for example banknotes and coins. A more general def ...

is more often called counterfeiting. But

consumer good A final good or consumer good is a final product ready for sale that is used by the consumer to satisfy current wants or needs, unlike a intermediate good, which is used to produce other goods. A microwave oven or a bicycle is a final good, but ...

s may also be ''counterfeits'' if they are not manufactured or produced by the designated manufacturer or producer given on the

label A label (as distinct from signage) is a piece of paper, plastic film, cloth, metal, or other material affixed to a container or product, on which is written or printed information or symbols about the product or item. Information printed ...

or flagged by the

trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...

symbol. When the object forged is a record or document it is often called a

false document A false document is a technique by which an author aims to increase verisimilitude in a work of fiction by inventing and inserting or mentioning documents that appear to be factual. The goal of a false document is to convince an audience that what ...

. This usage of "forgery" does not derive from

metalwork Metalworking is the process of shaping and reshaping metals to create useful objects, parts, assemblies, and large scale structures. As a term it covers a wide and diverse range of processes, skills, and tools for producing objects on every scale ...

done at a blacksmith's

forge A forge is a type of hearth used for heating metals, or the workplace (smithy) where such a hearth is located. The forge is used by the smith to heat a piece of metal to a temperature at which it becomes easier to shape by forging, or to th ...

, 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 A hoax is a widely publicized falsehood so fashioned as to invite reflexive, unthinking acceptance by the greatest number of people of the most varied social identities and of the highest possible social pretensions to gull its victims into pu ...

. In a hoax, a

rumor A rumor (American English), or rumour (British English; see spelling differences; derived from Latin:rumorem - noise), is "a tall tale of explanations of events circulating from person to person and pertaining to an object, event, or issue in p ...

or a genuine object planted in a concocted situation, may substitute for a forged physical object. The similar crime of

fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...

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 Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term ''identity theft'' was co ...

. 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 Pablo Ruiz Picasso (25 October 1881 – 8 April 1973) was a Spanish painter, sculptor, printmaker, ceramicist and Scenic design, theatre designer who spent most of his adult life in France. One of the most influential artists of the 20th ce ...

Paul Klee Paul Klee (; 18 December 1879 – 29 June 1940) was a Swiss-born German artist. His highly individual style was influenced by movements in art that included expressionism, cubism, and surrealism. Klee was a natural draftsman who experimented ...

, and

Henri Matisse Henri Émile Benoît Matisse (; 31 December 1869 – 3 November 1954) was a French visual artist, known for both his use of colour and his fluid and original draughtsmanship. He was a draughtsman, printmaker, and sculptor, but is known prima ...

. A special case of double forgery is the forging of

Vermeer Johannes Vermeer ( , , see below; also known as Jan Vermeer; October 1632 – 15 December 1675) was a Dutch Baroque Period painter who specialized in domestic interior scenes of middle-class life. During his lifetime, he was a moderately succe ...

's paintings by

Han van Meegeren Henricus Antonius "Han" van Meegeren (; 10 October 1889 – 30 December 1947) was a Dutch painter and portraitist, considered one of the most ingenious art forgers of the 20th century. Van Meegeren became a national hero after World War II when ...

, and in its turn the forging of Van Meegeren's work by his son

Jacques van Meegeren Jacques Henri Emil van Meegeren (26 August 1912 – 26 October 1977) was a Dutch illustrator and painter. He is also considered to be a forger of the work of his father, Han van Meegeren, convicted of forging old masters and fraud. He was, ...

Criminal law

England and Wales and Northern Ireland

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

and

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...

, forgery is an offence under section 1 of the

Forgery and Counterfeiting Act 1981 The Forgery and Counterfeiting Act 1981 (c 45) is an Act of the Parliament of the United Kingdom which makes it illegal to make fake versions of many things, including legal documents, contracts, audio and visual recordings, and money of the Uni ...

, which provides: "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 hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...

. A person guilty of forgery is liable, on conviction on

indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of a ...

, 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. For offences akin to forgery, see English criminal law#Forgery, personation, and cheating. The

common law offence Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific ...

of forgery is abolished for all purposes not relating to offences committed before the commencement of the Forgery and Counterfeiting Act 1981.

Scotland

Forgery is not an official offence under the law of Scotland, except in cases where statute provides otherwise. The

Forgery of Foreign Bills Act 1803 The Forgery of Foreign Bills Act 1803 (43 Geo 3 c 139) was an Act of the Parliament of the United Kingdom. Prior to its repeal in 2013, it created offences of forgery of foreign instruments in Scotland. Preamble The preamble read: Section 1 ...

was repealed in 2013.

Republic of Ireland

In the

Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...

, forgery is an offence under section 25(1) of the

Criminal Justice (Theft and Fraud Offences) Act 2001 The Criminal Justice (Theft and Fraud Offences) Act, 2001 (No. 50 of 2001) updates and consolidates the law relating to dishonesty and fraud in the Republic of Ireland. The main sections of the statute include: *Theft and Related Offences *Makin ...

which provides: 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. 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. 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.

Canada

Forgery is an offence under sections 366, 367 and 368 of the Canadian

Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

. The offence is a

hybrid offence A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...

, subject to a maximum prison sentence of: * if tried summarily: 6 months * if tried

on indictment In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...

: 10 years

United States

Forgery is a crime in all jurisdictions within the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

, both state and federal.''United States v. Hunt''
456 F.3d 1255
1260 ( 10th Cir. 2006) ("Historically, forgery was defined as the false making, with the intent to defraud, of a

document A document is a written, drawn, presented, or memorialized representation of thought, often the manifestation of non-fictional, as well as fictional, content. The word originates from the Latin ''Documentum'', which denotes a "teaching" or ...

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, ("Forgery"); (counterfeiting and forgery-related federal offenses); ("Forgery or false use of passport"). Most states, including

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

, describe forgery as occurring when a person alters a written

"with the intent to defraud, knowing that he or she has no authority to do so." 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 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. In

Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...

, forgery in the Third Degree, which is a class B misdemeanor 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, is punishable by a maximum 10 years in prison, a fine of up to $10,000 fine, or both.

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 The Bills of Exchange Act 1882 is a United Kingdom Act of Parliament concerning bills of exchange. The Act was drafted by Sir Mackenzie Chalmers, who later drafted the Sale of Goods Act 1893 and the Marine Insurance Act 1906. Bills of exchange ...

In popular culture

* The 1839 novel by

Honoré de Balzac Honoré de Balzac ( , more commonly , ; born Honoré Balzac;Jean-Louis Dega, La vie prodigieuse de Bernard-François Balssa, père d'Honoré de Balzac : Aux sources historiques de La Comédie humaine, Rodez, Subervie, 1998, 665 p. 20 May 179 ...

, '' Pierre Grassou'', concerns an artist who lives off forgeries. * The

Orson Welles George Orson Welles (May 6, 1915 – October 10, 1985) was an American actor, director, producer, and screenwriter, known for his innovative work in film, radio and theatre. He is considered to be among the greatest and most influential f ...

documentary ''

F for Fake ''F for Fake'' (french: link=no, Vérités et mensonges, es, link=no, Fraude, "Truths and lies") is a 1973 docudrama film co-written, directed by, and starring Orson Welles who worked on the film alongside François Reichenbach, Oja Kodar, and ...

'' concerns both art and literary forgery. For the movie, Welles intercut footage of

Elmyr de Hory Elmyr de Hory (born Elemér Albert Hoffmann; April 14, 1906 – December 11, 1976) was a Hungarian-born painter and art forger, who is said to have sold over a thousand art forgeries to reputable art galleries all over the world. His forgeries g ...

, an art forger, and

Clifford Irving Clifford Michael Irving (November 5, 1930 – December 19, 2017) was an American novelist and investigative reporter. Although he published 20 novels, he is best known for an "autobiography" allegedly written as told to Irving by billionaire ...

, who wrote an "authorized" autobiography of

Howard Hughes Howard Robard Hughes Jr. (December 24, 1905 – April 5, 1976) was an American business magnate, record-setting pilot, engineer, film producer, and philanthropist, known during his lifetime as one of the most influential and richest people in th ...

that had been revealed to be a

. While forgery is the ostensible subject of the film, it also concerns art, film making, storytelling and the creative process. * The 1966 heist comedy film ''

How to Steal a Million ''How to Steal a Million'' is a 1966 American heist comedy film directed by William Wyler and starring Audrey Hepburn, Peter O'Toole, Eli Wallach, Hugh Griffith, and Charles Boyer. The film is set and was filmed in Paris, though the character ...

'' centers around Nicole Bonnet ( Audrey Hepburn) attempting to steal a fake

Cellini Benvenuto Cellini (, ; 3 November 150013 February 1571) was an Italian goldsmith, sculptor, and author. His best-known extant works include the ''Cellini Salt Cellar'', the sculpture of ''Perseus with the Head of Medusa'', and his autobiography ...

made by her grandfather. * The 1964 children's book

Charlie and the Chocolate Factory ''Charlie and the Chocolate Factory'' is a 1964 children's novel by British author Roald Dahl. The story features the adventures of young Charlie Bucket inside the chocolate factory of eccentric chocolatier Willy Wonka. The story was originall ...

written by

Roald Dahl Roald Dahl (13 September 1916 – 23 November 1990) was a British novelist, short-story writer, poet, screenwriter, and wartime fighter ace of Norwegian descent. His books have sold more than 250 million copies worldwide. Dahl has be ...

revealed the "golden ticket" in Japan was a forgery. * The 1972 novel by

Irving Wallace Irving Wallace (March 19, 1916 – June 29, 1990) was an American best-selling author and screenwriter. He was known for his heavily researched novels, many with a sexual theme. Early life Wallace was born in Chicago, Illinois, to Bessie Liss a ...

, '' The Word'' concerns archaeological forgery, the finding and translation of a supposed lost

gospel Gospel originally meant the Christian message ("the gospel"), but in the 2nd century it came to be used also for the books in which the message was set out. In this sense a gospel can be defined as a loose-knit, episodic narrative of the words an ...

by James the Just, close relative of

Jesus Christ Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label=Hebrew/Aramaic ( AD 30 or 33), also referred to as Jesus Christ or Jesus of Nazareth (among other names and titles), was a first-century Jewish preacher and religious ...

, 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. * The 2002 film ''

Catch Me If You Can ''Catch Me If You Can'' is a 2002 American Biographical film, biographical crime film, crime Comedy drama, comedy-drama film directed and produced by Steven Spielberg and starring Leonardo DiCaprio and Tom Hanks with Christopher Walken, Martin ...

'', directed by Steven Spielberg, is based on the claims of

Frank Abagnale Frank William Abagnale Jr. (; born April 27, 1948) is an American author and convicted felon. Abagnale targeted individuals and small businesses yet gained notoriety in the late 1970s by claiming a diverse range of victimless workplace frauds, m ...

, a

con man A confidence trick is an attempt to defraud a person or group after first gaining their trust. Confidence tricks exploit victims using their credulity, naïveté, compassion, vanity, confidence, irresponsibility, and greed. Researchers have def ...

who allegedly stole over $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. The veracity of most of Abagnale's claims has been questioned. * The graphic art novel ''

The Last Coiner ''The Last Coiner'' is a graphic novel, written by RTS Award-winning filmmaker Peter M. Kershaw, with comicbook artist Vince Danks whose credits include the ''Torchwood'' Official Magazine, the independently published ''Harker and Critchley'' from ...

'', authored by Peter M. Kershaw, is based on the exploits of the 18th century counterfeiters, the

Cragg Vale Coiners The Cragg Vale Coiners, sometimes the Yorkshire Coiners, were a band of counterfeiters in England, based in Cragg Vale, near Hebden Bridge, West Riding of Yorkshire. They produced fake gold coins in the late 18th century to supplement small i ...

, who were sentenced to execution by hanging at

Tyburn Tyburn was a manor (estate) in the county of Middlesex, one of two which were served by the parish of Marylebone. The parish, probably therefore also the manor, was bounded by Roman roads to the west (modern Edgware Road) and south (modern O ...

References

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

* ttp://traffickingculture.org/encyclopedia/terminology/fakes-2/ Fakes and Forgerieson 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 {{Authority control Crime Deception Espionage techniques Illegal occupations Organized crime activity Art and culture law