Michigan Affidavit of Forgery

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Multi-State
Control #:
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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FAQ

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.

Comp. Laws § 750.248a. A person who utters and publishes as true any false, forged, altered, or counterfeit financial transaction device, as defined in section 157m, with the intent to injure or defraud any person is guilty of a felony.

The crime of ?Uttering and Publishing a Forgery? occurs when someone creates a document?such as a check, deed, or will?and then tries to pass it off as legitimate to defraud someone.

Uttering is a crime involving a person with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document. More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.

A person who utters and publishes as true a false, forged, altered, or counterfeit record, instrument, or other writing listed in section 248 knowing it to be false, altered, forged, or counterfeit with intent to injure or defraud is guilty of a felony punishable by imprisonment for not more than 14 years.

The penalty for forgery can range from 7 to 14 years in prison depending upon the circumstances. Forgery of bank bills and promissory notes is a felony punishable by imprisonment for not more than 7 years pursuant to MCL 750.251.

249. (1) A person who utters and publishes as true a false, forged, altered, or counterfeit record, instrument, or other writing listed in section 248 knowing it to be false, altered, forged, or counterfeit with intent to injure or defraud is guilty of a felony punishable by imprisonment for not more than 14 years.

What is the difference between forgery and uttering? Forgery is the creation of a counterfeit document by someone intending to defraud another person. Uttering and Publishing is the presentation of a forged document to another person intending to defraud them.

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Michigan Affidavit of Forgery