Uttering a Forged Writing to Defraud the United States is a type of fraud that occurs when someone knowingly uses a false or counterfeit document to obtain money or goods from the United States government. This could include forging a document such as a check, passport, birth certificate, Social Security Card, driver’s license, or any other document used to establish an individual’s identity. It could also involve creating or altering documents to make them appear genuine in order to receive benefits, tax refunds, or other government services. There are two primary types of Uttering a Forged Writing to Defraud the United States: counterfeiting and forgery. Counterfeiting involves creating a false document and passing it off as genuine. Forgery involves altering an existing document or creating a false document to make it appear genuine. Both types of fraud are illegal and punishable by law.
Uttering a Forged Writing to Defraud the United States
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FAQ
The general conspiracy statute, 18 U.S.C. § 371, creates an offense "if two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose. (emphasis added).
The maximum penalty for major fraud against the government in violation of 18 U.S.C. Section 1031 is 10 years' incarceration and/or a fine of up to $1,000,000.00. The maximum penalty for violations of 18 U.S.C. Section 287, the false claims statute, is 5 years in prison and/or a fine.
Forgery punishment is up to 10 years in prison, for example, when a person forges a patent document, whereas forgery punishment is up to 5 years for forging postage stamps. The potential prison punishment is worse under the Federal Crime of Counterfeiting Money, 18 US Code Section 471.
Whoever enters into any agreement, combination, or conspiracy to defraud the United States, or any department or agency thereof, by obtaining or aiding to obtain the payment or allowance of any false, fictitious or fraudulent claim, shall be fined under this title or imprisoned not more than ten years, or both.
Uttering a forged instrument is when you intentionally create a forged document or financial instrument and circulate it into the public. It can be a promissory note, check, bill, or draft or any other formal document that would lead to the payment of money.
Uttering is passing that document to someone with the intent to defraud. So, if you made a counterfeit $100 bill, that would be forgery. If you gave that counterfeit bill to a convenience store in exchange for groceries, that would be uttering.
To "convict someone under the 'defraud clause' of 18 U.S.C. § 371, the government need only show (1) he entered into an agreement (2) to obstruct a lawful function of the government (3) by deceitful or dishonest means and (4) at least one overt act in furtherance of the conspiracy." Id.; United States v.
666 says, ?whoever embezzles, steals, obtains by fraud, or knowingly converts to the use of any person misapplies, property that is valued at $5,000 or more, and is owned by, or under control of the government, or corruptly solicits for the benefit of anyone, anything of value, intending to be influenced or rewarded