North Carolina Affidavit of Forgery

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Multi-State
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US-00419BG
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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

§471. Obligations or securities of United States. Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.

In North Carolina, ?common law forgery? is recognized as a crime and punished as a class 1 misdemeanor. To be guilty of this crime, one must: Make a false writing, or state that a false writing is true (knowing it to be false), when the writing is apparently capable of effecting a fraud, with the intent to defraud.

(a) It is unlawful for any person to forge or counterfeit any instrument, or possess any counterfeit instrument, with the intent to injure or defraud any person, financial institution, or governmental unit. Any person in violation of this subsection is guilty of a Class I felony.

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.

If any person, directly or indirectly, whether for the sake of gain or with intent to defraud or injure any other person, shall utter or publish any such false, forged or counterfeited instrument as is mentioned in G.S. 14-119, or shall pass or deliver, or attempt to pass or deliver, any of them to another person ( ...

Under common law, uttering is when a person offers as genuine a forged instrument with the intent to defraud.

Uttering and forgery were originally common law offences, both misdemeanours. Forgery was the creation of a forged document, with the intent to defraud; whereas uttering was merely use ? the passing ? of a forged document, that someone else had made, with the intent to defraud.

North Carolina Criminal Law 14-120: Uttering Forged Instrument - Containing Forged Endorsement. The crime of Uttering a Forged Instrument Containing a Forged Endorsement under North Carolina Criminal Law 14-120 is a felony criminal charge in North Carolina.

If any person, directly or indirectly, whether for the sake of gain or with intent to defraud or injure any other person, shall utter or publish any such false, forged or counterfeited instrument as is mentioned in G.S. 14-119, or shall pass or deliver, or attempt to pass or deliver, any of them to another person ( ...

The punishment is a fine of 4 to 10 months in prison, a fine to be set by the judge, or both. The penalty is more serious if an individual is convicted of transporting five or more forged documents. This crime is a Class G felony that carries a penalty of 4 to 25 months in prison and a fine.

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North Carolina Affidavit of Forgery