New York Criminal Defense Blawg

Under New York state law, it is a serious crime to knowingly make or use counterfeit money with the intent to deceive or defraud another.  The applicable statutes are Class C non-violent felonies, meaning that someone convicted of this crime (as a first felony offense) can be sentenced to an indeterminate sentence of from 1-3 years or as much as 5-15.

First, a person is guilty of Penal Law 170.15 (Forgery in the First Degree) when, with intent to defraud, deceive or injure another, he or she falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: 1) Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality, or 2) Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its property.

Obviously, there are some terms in the definition above that require some explaining.  The Penal Law provides the following:

A “written instrument” is any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.  (See Penal Law Section 170.00[1])(Obviously, this definition encompasses a whole lot of things.)

A person “falsely makes” a written instrument when he makes or draws a complete written instrument in its entirety, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or drawer, but which is not such either because the ostensible maker or drawer is fictitious or because, if real, he did not authorize the making or drawing thereof.  (See Penal Law Section 170.00[4]).

A person “falsely completes” a written instrument when, by adding, inserting or changing matter, he transforms an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that such complete instrument appears or purports to be in all respects an authentic creation or or fully authorized by its ostensible maker or drawer.  (See Penal Law Section 170.00[5]).

A person “falsely alters” a written instrument when, without the authority of anyone entitled to grant it, he changes a written instrument, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of mater, or in any other manner, so that such instrument in its thus altered form appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer. )(See Penal Law Section 170.00[6]).

The possession of counterfeit money can also be a Class C felony under Penal Law Section 170.30 (Criminal Possession of a Forged Instrument in the First Degree).  That section provides that a person is guilty of this crime when, with knowledge that the instrument is forged and with intent do defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in Penal Law Section 170.15 (see Forgery in the First Degree, above)(“uttering” a forged instrument basically means knowingly presenting it to somebody in a fraudulent attempt to use it).

As far as counterfeit money is concerned, defendants found in possession of it are usually charged with one count for each counterfeit bill.  These charges can be difficult to prove, however, as the prosecutor has to demonstrate that the defendant knew that the money was counterfeit.  Certainly, an experienced criminal defense lawyer can argue that the defendant was given the counterfeit money by someone else without realizing that it was fake. For this reason, in these types of cases, it is absolutely critical for accused people to refrain from speaking to law enforcement officers without first speaking with an experienced criminal defense lawyer.

Prosecutors often try to prove knowledge by showing profligate or lavish spending behavior with the counterfeit money by the defendant, or by tying the defendant to a known counterfeiting operation, or by demonstrating that the forged money was so obviously fake that the defendant could not have believed that the bills in his possession were real.

If you or a loved one have been arrested and accused of a violation of Penal Law Sections 170.15 or 170.30, you should consider contacting the experienced criminal defense attorneys at Galluzzo & Johnson LLP.  Their three former Manhattan prosecutors have extensive experience with a variety of forgery- and fraud-related cases, and are prepared to apply their expertise to your defense.

Many people are arrested for signing someone’s name on a contract, letter, or other writing each year.  However, forgery encapsulates much more than the act of simply another’s name.  In fact, as we can see from the following recent New York forgery news stories, there are several documented cases of forgery which do not fall readily to mind:

• A teacher falsifying a student’s report card;
• A DMV supervisor allowing for cheating on a commercial driver’s license test; and
• Forgery of prescriptions to obtain illegal drugs.

There are many different kinds of “forgery;” however, the purpose of this post will be to explain, in part, the reference of that term in the New York State Penal Law.

Of course, if you have been arrested for Forgery or Criminal Possession of a Forged Instrument in New York, you need to contact a seasoned Manhattan-based lawyer experienced in dealing with forgery cases.  As former prosecutors in the Manhattan D.A.’s office, the lawyers at Galluzzo & Johnson LLP are particularly suited to assist you in defending against any and all such charges.

Article 170 of the New York State Penal defines “Forgery and Related Offenses.”  In order to understand the charge in New York, it is important to look at the definition section of that article.  The definitions of “written instrument,” “complete written instrument,” “incomplete written instrument,” “falsely make,” “falsely complete,” “falsely alter,” “forged instrument,” and “electronic access device” as set forth in PL 170.00 are listed below.

    1.  "Written  instrument"  means  any instrument or article, including
  computer data or a  computer  program,  containing  written  or  printed
  matter  or  the  equivalent  thereof,  used for the purpose of reciting,
  embodying, conveying or recording information, or constituting a  symbol
  or  evidence  of  value,  right,  privilege  or identification, which is
  capable of being used to the advantage or disadvantage of some person.

 2. "Complete written instrument" means one  which  purports  to  be  a
  genuine  written  instrument fully drawn with respect to every essential
  feature thereof. An endorsement, attestation,  acknowledgment  or  other
  similar  signature  or  statement  is  deemed  both  a  complete written
  instrument in itself and a part of the main instrument in  which  it  is
  contained or to which it attaches.

    3.  "Incomplete  written  instrument"  means  one  which contains some
  matter by way of content or authentication but which requires additional
  matter in order to render it a complete written instrument.

    4. "Falsely make." A person "falsely makes" a written instrument  when
  he  makes  or draws a complete written instrument in its entirety, or an
  incomplete  written  instrument,  which  purports  to  be  an  authentic
  creation of its ostensible maker or drawer, but which is not such either
  because  the  ostensible  maker  or  drawer is fictitious or because, if
  real, he did not authorize the making or drawing thereof.

    5.  "Falsely  complete."  A  person  "falsely  completes"  a   written
  instrument  when, by adding, inserting or changing matter, he transforms
  an incomplete written  instrument  into  a  complete  one,  without  the
  authority  of  anyone  entitled  to  grant  it,  so  that  such complete
  instrument appears or purports  to  be  in  all  respects  an  authentic
  creation of or fully authorized by its ostensible maker or drawer.

    6.  "Falsely  alter."  A  person "falsely alters" a written instrument
  when, without the authority of anyone entitled to grant it, he changes a
  written instrument, whether it be in complete  or  incomplete  form,  by
  means  of  erasure,  obliteration,  deletion,  insertion  of new matter,
  transposition of matter, or in any other manner, so that such instrument
  in its thus altered form appears or purports to be in  all  respects  an
  authentic  creation  of  or  fully authorized by its ostensible maker or
  drawer.

    7. "Forged instrument" means  a  written  instrument  which  has  been
  falsely made, completed or altered.

    8.  "Electronic access device" means a mobile identification number or
  electronic serial number that can be used to obtain telephone service.

The basic forgery charge, as set forth in PL 170.05 is as follows:

  § 170.05 Forgery in the third degree.
    A person is guilty of forgery in the third degree when, with intent to
  defraud,  deceive  or  injure  another,  he  falsely makes, completes or
  alters a written instrument.
    Forgery in the third degree is a class A misdemeanor.

It should be noted here that the crime must pertain to the forgery of a written instrument, which, to summarize, would include any document which is capable of being used to the advantage or disadvantage of another person.  This seems like a fairly broad definition, because if you read it broadly, one can make an argument that just about any writing, other than something meant as a joke, could fit this definition.  It is also arguable that writing an email from someone else’s account which purports to be from the account-holder’s address, could technically be a forgery.  The point here is that forgery can be interpreted pretty broadly, and can actually be used to address a wide variety of alleged misconduct.

  § 170.20 Criminal possession of a forged instrument in the third degree.
    A  person  is  guilty of criminal possession of a forged instrument in
  the third degree when, with knowledge that it is forged and with  intent
  to  defraud,  deceive or injure another, he utters or possesses a forged
  instrument.
    Criminal possession of a forged instrument in the third  degree  is  a
  class A misdemeanor.

This charge can apply to cases where a bad check is passed or possessed, and generally speaking is usually tacked on in cases where the defendant is actually found in possession of the forged written instrument.

Finally, there are enhanced penalties in cases where the value of the forgery exceeds certain monetary threshholds.

If you or a loved one have been charged with a forgery-related charge, including identity theft, you should contact experienced forgery defense lawyers in New York.