Both forgery and counterfeiting are crimes involving fraud. Forgery is the crime of creating a false written document or object with the intent to defraud.Forgery and Fraud Crimes. Third Degree Forgery: NY Penal Law 170.05. To state a claim for fraud or fraudulent misrepresentation under New York law, a plaintiff must show: (1) the defendant made a material false representation. Forgery, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be.