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Elder Law • Medicaid Planning • VA Benefits

What is Forgery & How Can It Be Combatted?

Dec 21, 2022

Creating, using, changing, or having a forged document with fraudulent intent is a forgery. Counterfeiting can refer to either the production of a fake document or the alteration of a genuine one. Forgery is a severe federal offense punishable by fines or prison time in all 50 states.

Manual Signature Verification Risks

The first step in spotting distinctions between a real and a fake signature is simply looking at it. Since this is a manual authentication process, this method may result in difficulty catching traceable or expert forgeries. One may hire a forensic document examiner to assist with manual signature verification. These professionals are highly trained and have years of experience reviewing documents for forgery.

To the layman, it is also quite subjective, and results can vary widely depending on several factors. For example, when reviewing documents in a financial setting, a banking professional’s experience, and knowledge, as well as their state of mind, energy, and ability to focus could make them less likely to spot a forgery. As a result, there may be an annoyingly high rate of erroneous rejections and forged acceptances when using standard manual verification.

Customers’ experiences can be negatively impacted if extra delays are introduced due to their transactions being falsely flagged as fraudulent. On the other hand, if an organization lets a talented forger pass, they risk losing money and face.

Dynamic and Static Signature Features

Reliable signature verification techniques should compare the provided signature to the original by analyzing both dynamic and static properties. A few examples of these characteristics are as follows:

  • Letter slants
  • Pen lifts
  • Shaky handwriting
  • Signs of retouching
  • Signature dimensions and shape
  • Letter proportions
  • Speed, smoothness, and acceleration of curves
  • Pressure changes and pen pressure

Although static qualities like letter slants or shaky handwriting are simpler to identify with the naked eye, changes like smoothness and acceleration of curves are difficult to spot during the manual inspection.

One may ask, “Are there tools or technologies that can replace the time-consuming manual authentication process with an automated system that considers both live and archived data?”. In the end, there are two primary types of reliable signature recognition solutions: online and offline.

Offline Signature Verification

When real-time monitoring of signature activity is not an option, offline signature verification systems might fall back on comparing stationary, two-dimensional pictures.

These tools mimic human actions but are fully automated, saving you precious time and money. Offline signature recognition solutions focus primarily on static elements, including the signature’s texture, size, and shape aspect ratios, and handwriting and stroke placement variances.

The solutions compare the suspect’s signature to the true one. Unlike with people, they don’t require an excellent fit. Deep learning is instead used to determine if the signature is within the bounds of acceptable variance for that particular consumer.

It is essential to keep in mind that authentic signatures will never look exactly alike. Effective signature recognitionmethods allow for the fact that signatures can change significantly based on the signer’s attitude, emotion, conditions, and age while signing, among other factors.

Legal Defenses Against Forgery

A forgery accusation may seem indisputable at first glance, but a competent lawyer will often try to find weaknesses in the prosecution’s argument. To help your lawyer best represent your interests, you should disclose all relevant information, even if you believe some of it may paint you negatively. The outcome can hinge on the smallest details in a court of law.

The primary factor in any forgery case is the criminal’s motivation to cheat someone out of their money or best interest. The prosecution has the burden of establishing that you acted dishonestly out of a necessity or intent to deceive others. In other words, you technically haven’t perpetrated (or even attempted) falsification if you forged a document without trying to use it to fool somebody.

The compelling argument available to those accused of art fraud is that their work resembles the allegedly copied piece just by chance. The lack of fraudulent intent may be established by any means necessary, including the defendant’s signature instead of the other artist’s signature.

Falsification cases often hinge on proof of malicious intent, although exceptions exist. One instance is using a photocopy of a signing to forge someone else’s name on a financial or legal document. In this type of case, it may be unnecessary for the prosecution to prove either intent or need.

A false accusation might remove the potential consequences of a fraud conviction. The court may reject your case if you were wrongly accused of forgery and tried instead of the real perpetrator. If you were charged with forgery but the appropriate statute didn’t apply, the charges should be dropped.

Bottom Line

Forgery is not a victimless crime, and its ramifications can be detrimental to one’s finances and reputation. For this reason, it’s not uncommon for forgery cases to go to trial. If proven guilty, the consequences might be severe. A criminal defense attorney should be consulted if forgery charges have been brought against you. An attorney will be able to examine the details of your case, explain the applicable laws, and advise you on the best course of action. They may act as your legal counsel as well.

Stephanie Caroline Snyder is a 27-year-old who graduated from The University of Florida in 2018. She majored in Communications with a minor in mass media. Currently, she is an Author and a Writer. She was born and raised in Panama City, Florida, where her family still lives.

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Since starting his practice of law in 1971 Mr. Kraft has helped many thousands of people address their concerns and achieve their goals. He is committed to giving seniors and the people who love them information to cope with living and aging.

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