Maryland Affidavit of Forgery

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State:
Multi-State
Control #:
US-00419BG
Format:
Word; 
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Instant download

Description

"Forgery" may be defined as the false making or material alteration of a writing with intent to defraud. An essential element of the crime of forgery is making the false writing. An "Affidavit of Forgery" is a notarized sworn statement attesting that the signature which appears on the questioned document is indeed a forgery, and not authorized by the account holder. This type of affidavit may be made for the purpose of having a Bank reimburse its customer for honoring a forged check, or for the purpose of assisting law enforcement in the investigation and prosecution of the forger.
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How to fill out Affidavit Of Forgery?

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FAQ

To convict a defendant in a forgery case, the prosecutor must prove: The defendant committed forgery by creating a false document, materially altering an existing document, or by using an unauthorized document; and. The defendant committed the criminal forgery with the intent to commit fraud.

In order to be guilty of forgery in Maryland, you must make a false writing, or alter an existing document, with the intent to defraud someone else. The State does not have to prove exactly which person you intended to defraud, but they do have to prove that you intended to defraud another person.

By producing sufficient evidence at trial. In this case, the most likely sources of evidence would either be eye witnesses (if someone witnessed the forgery) or expert testimony (i.e., handwriting experts). Any experts would have done an analysis and would testify about the results of their analysis.

Just how is forgery proven? A: The simplest way to demonstrate the signature is not yours is through an eye witness who saw the person committing the forgery. Since doing so may not be likely, a question arises: Is the person who signed claiming they were authorized to sign on your behalf?

A comparison is made through the standards between the signed document and the signature of the individual. An identical match to a previous signature could prove a forgery, or it could prove that the person is the same. The instance may depend on how often the individual signs his or her name exactly the same.

Simple Forgery This type of forgery is the easiest to detect because the forger makes no effort to simulate the signature they are trying to produce. Because the signature is generally written in the forger's own handwriting, it could be identified through a handwriting comparison.

Penalties of Forgery For something on the lowest end of the spectrum, it would be a misdemeanor. That is not greater than three years all the way up to a felony with the maximum penalty of 10 years. It depends on whether they committed the actual forgery.

Forgery is a complex process to prove and frequently involves the services of a fraud or forensic accountant. Forensic document and handwriting experts examine physical evidence to prove alteration and/or simulation.

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Maryland Affidavit of Forgery