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. The crimes are believed to be committed by middle- or upper-class indivi ...

that generally consists of the false making or material alteration of a

legal instrument Legal instrument is a law, 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 ...

with the specific intent to

defraud In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...

. 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 statements of fact, false or misleading''Royal Mail Case, R v Kylsant'' 931Question of law, statement of fact made during negotiations by one party to another, the statement then in ...

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: m ...

currency A currency 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 definition is that a currency is a ''system of money'' in common use within a specific envi ...

is more often called

counterfeit A counterfeit is a fake or unauthorized replica of a genuine product, such as money, documents, designer items, or other valuable goods. Counterfeiting generally involves creating an imitation of a genuine item that closely resembles the original ...

ing. 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 an intermediate good, which is used to produce other goods. A microwave oven or a bicycle is a final good. Whe ...

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. Labels are most often affixed to packaging and containers using an adhesive, or sewing when affix ...

or flagged by the

trademark A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service f ...

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 Metalworking is the process of shaping and reshaping metals in order 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 e ...

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 the ...

, but it has a parallel history. A sense of "to

" 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 (plural: hoaxes) is a widely publicised falsehood created to deceive its audience with false and often astonishing information, with the either malicious or humorous intent of causing shock and interest in as many people as possible. S ...

. In a hoax, a

rumor A rumor (American English), or rumour (British English; American and British English spelling differences#-our, -or, see spelling differences; derived from Latin 'noise'), is an unverified piece of information circulating among people, especial ...

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 intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...

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, identity piracy or identity infringement occurs when someone uses another's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. ...

. Forgery is one of the threats addressed by security engineering. In the 16th century, imitators of

Albrecht Dürer Albrecht Dürer ( , ;; 21 May 1471 – 6 April 1528),Müller, Peter O. (1993) ''Substantiv-Derivation in Den Schriften Albrecht Dürers'', Walter de Gruyter. . sometimes spelled in English as Durer or Duerer, was a German painter, Old master prin ...

'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 Diego José Francisco de Paula Juan Nepomuceno María de los Remedios Cipriano de la Santísima Trinidad Ruiz y Picasso (25 October 1881 – 8 April 1973) was a Spanish painter, sculptor, printmaker, Ceramic art, ceramicist, and Scenic ...

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 wi ...

, and

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

. A special case of double forgery is the forging of Vermeer'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 forgery, art forgers of the 20th century. Van Meegeren became a national hero after World ...

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

Jacques van Meegeren Jacques Henri Emil van Meegeren (August 26, 1912 – October 26, 1977) was a Dutch illustrator and painter. He is known for forging the work of his father, Han van Meegeren, who was a famous forger himself. Life Youth On August 26, 1912, V ...

Criminal law

England and Wales and Northern Ireland

England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, 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. Th ...

and

Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...

, 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 U ...

, 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 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 offense is a felony; jurisdictions that do not use that concept often use that of an ind ...

, 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 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 was repealed in 2013.

Republic of Ireland

In the

Republic of Ireland Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. ...

, 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 Ireland. The main sections of the statute include: * Theft and Related Offences *Making gain or caus ...

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, 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 The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, 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 writing, written, drawing, drawn, presented, or memorialized representation of thought, often the manifestation of nonfiction, non-fictional, as well as fictional, content. The word originates from the Latin ', which denotes ...

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 that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

, 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 a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...

, 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.

In popular culture

* The 1839 novel by

Honoré de Balzac Honoré de Balzac ( , more commonly ; ; born Honoré Balzac; 20 May 1799 – 18 August 1850) was a French novelist and playwright. The novel sequence ''La Comédie humaine'', which presents a panorama of post-Napoleonic French life, is ...

, '' Pierre Grassou'', concerns an artist who lives off forgeries. * Alexander Howland Smith was a prominent forger in the

1880 Events January *January 27 – Thomas Edison is granted a patent for the incandescent light bulb. Edison filed for a US patent for an electric lamp using "a carbon filament or strip coiled and connected ... to platina contact wires." gr ...

's, including of the writings of

Robert Burns Robert Burns (25 January 1759 – 21 July 1796), also known familiarly as Rabbie Burns, was a Scottish poet and lyricist. He is widely regarded as the List of national poets, national poet of Scotland and is celebrated worldwide. He is the be ...

' Scottish poetry. * The

Orson Welles George Orson Welles (May 6, 1915 – October 10, 1985) was an American director, actor, writer, producer, and magician who is remembered for his innovative work in film, radio, and theatre. He is among the greatest and most influential film ...

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 Howard Robard Hughes Jr. (December 24, 1905 – April 5, 1976) was an American Aerospace engineering, aerospace engineer, business magnate, film producer, and investor. He was The World's Billionaires, one of the richest and most influential peo ...

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'' centers around Nicole Bonnet (

Audrey Hepburn Audrey Kathleen Hepburn ( Ruston; 4 May 1929 – 20 January 1993) was a British actress. Recognised as a film and fashion icon, she was ranked by the American Film Institute as the third-greatest female screen legend from the Classical Holly ...

) attempting to steal a fake Cellini made by her grandfather. * The 1964 children's book '' Charlie and the Chocolate Factory'' written by

Roald Dahl Roald Dahl (13 September 1916 – 23 November 1990) was a British author of popular children's literature and short stories, a poet, screenwriter and a wartime Flying ace, fighter ace. His books have sold more than 300 million copies ...

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 Gospel originally meant the Christianity, Christian message ("the gospel"), but in the second century Anno domino, AD the term (, from which the English word originated as a calque) came to be used also for the books in which the message w ...

by James the Just, close relative of

Jesus Christ Jesus (AD 30 or 33), also referred to as Jesus Christ, Jesus of Nazareth, and many Names and titles of Jesus in the New Testament, other names and titles, was a 1st-century Jewish preacher and religious leader. He is the Jesus in Chris ...

, 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'', directed by

Steven Spielberg Steven Allan Spielberg ( ; born December 18, 1946) is an American filmmaker. A major figure of the New Hollywood era and pioneer of the modern blockbuster, Spielberg is widely regarded as one of the greatest film directors of all time and is ...

, 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. The veracity of most of Abagnale's claims has been questioned. * 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 Tyburn was a Manorialism, manor (estate) in London, Middlesex, England, one of two which were served by the parish of Marylebone. Tyburn took its name from the Tyburn Brook, a tributary of the River Westbourne. The name Tyburn, from Teo Bourne ...

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 Crimes Deception Espionage techniques Illegal occupations Organized crime activity Art and culture law