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For Send Forgery Midterm Notes

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0% found this document useful (0 votes)
4 views4 pages

For Send Forgery Midterm Notes

Uploaded by

Chan Mals
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

What is Forgery?

A forgery is a purposeful attempt to make a fraudulent copy of something, whether it is


a signature, money, or a piece of art. If an object is fraudulent, this means that its origin
is not what it is presented to be. Fraudulent money, for example, is not genuine
currency, and a forged check is not signed by the person whose name is on the check.
(Bell, 2009).

Strictly speaking, forgery is a legal term that requires the element of intent to defraud.
Proving or disproving intent to defraud is the lawyer's job. Forensic document
examiners, therefore, do not use the word forgery in their reports or court testimonies to
avoid implying that they know the writer's intent. For example, the examiner's report
could state that the questioned signature of a certain person on a certain contract is not
the genuine signature of that person, but rather the signature of some other writer who
attempted to imitate the genuine signature (Eckert,1997).
Not all non-authentic signatures are signed with the intent to defraud. A spouse, for
example, could have been authorized to endorse checks for deposit. On the other hand,
a document may contain an authentic signature, but could nevertheless be determined
to be forged such as when a critical entry was altered or inserted after the document
was signed, or where other pages of the document were replaced. An example would
be an altered amount in a check that has an authentic signature.

For the purpose of this textbook, the discussions will use the word forgery to refer to
documents that have been established as not genuine and that actual fraud has been
determined. It is not recommended, however, for document examiners to use the term
forgery in either a report or testimony (Kelly & Lindblom, 2006).

Indication of Genuineness
To identify a signature as genuine or imitation (such as a will signature), the examiner
needs known genuine signatures of the person whose signature is in question. To
identify an unknown writer (as in the case of an anonymous letter writer) the examiner
needs known writing samples of suspects. These known samples establish a writer's
unique identifying characteristics and variations and are called exemplars or standards
(Eckert, 1997).
Below are some features of genuine writing:
1. Smooth, rapid, nonstop and free-flowing pen movement
2. Sweeping and unbroken starting and ending strokes in rounded forms
3. Sweeping, misplaced and misshapen i-dots and t-crosses
4. Joining of initials or words
5. Wide writing and spacing
6. Simplification of forms, such as capitals
7. Letters tapered illegibly toward the end of words
8. Marked difference in pressure on upstrokes and down-strokes
9. Delicate pressure at beginning and ending strokes to letters
[Link] of carefully made repair and correcting strokes
[Link] formations and pen movements that show close similarity to the exemplars'
letter formations and pen movements

Generally speaking, the more rapidly the writing is made, the more natural it is. The
absence of approach strokes to certain letters, (for example: in a, f, h, t, u, v, and w)
could also be indications of naturalness when found in larger bodies of writing (say, a
note or letter).
Although the genuine writing of aged, ill, or unskilled writers can be slow, tremulous, and
laboriously written, it will usually show a naturalness and consistency that can be
recognized by the experienced examiner. These features are not like the slowly drawn,
awkward, stop-and-go, inconsistent pen movements and divergent letter formations
produced by a forger trying to imitate the writing of someone else.

It is not always easy to differentiate the poorly written genuine writing from the defective
writing of forgery. To facilitate successful identification, the document examiner needs
sufficient volume of the questioned writing and standard exemplar writing. It helps also
when the exemplar was written under similar conditions and within a short date/time
before the questioned writing was written.

Indication of Forgery
General indications of non-genuineness may include the following:
1. Blunt starts and stops
The forger places the pen point in contact with the paper, and then starts writing. When
he is finished with the name or some portion thereof, he stops the pen and lifts it from
the surface. This may cause an emphasized blunt start or ending where the pen was
placed in contact with the surface. At times this contact is held so long that if the pen
contains a fluid ink it will wet the paper and migrate outward from the contact point.

There may be unnecessary and extraneous marks caused by pen starts and stops. The
writer may decide, after putting his pen in contact with the paper, that is in the wrong
spot, picks it up and moves it to a position considered more correct. Normally a
signature's starts and stops are much more dynamic. The pen is moving horizontally
before it contacts the paper and is lifted at the end while still in flight. This leaves a
tapered appearance at the beginnings and endings of names or letters. There are, of
course, exceptions to this.

2. Pen lifts and hesitation


This occurs when the pen stops at an unusual point in the writing -- perhaps where a
radical change in direction is about to take place or a new letter formation is about to be
[Link] may take on the appearance of a small gap in the written line where one is
not expected, or an overlapping of two ink lines where there should be only one
continuous line.

3. Tremor.
Because the creation of most forms of non-genuine signatures are little more than
drawings, the pen is moving so slowly that small, sometimes microscopic changes in
direction take place in what should be a fluid-looking line. The resultant line is not
smooth, but reflects the “shaking” pen.

4. Speed and pressure


Again, because the pen is moving slowly rather than with the dynamic movement
associated with most genuine writings, the ink line remains constant in thickness,
resulting from the same constant pressure exerted on a slowly moving pen. There will
be little, if any, tapering of internal lines.

5. Patching
Infrequently, but at one time or another, most of us have made an error while writing our
own signature. Some individuals may leave the signature alone, caring little about the
mistake or imperfection, while others will simply “fix” the signature by correcting the
offending portion. This may be done in order to make the signature more readable, or
because a defect in the pen or paper has affected what we perceive to be our “normal”
signature, or for some other reason that may even be subconscious. These “fixes” are
usually patent, with no attempt made on the part of the writer to mask or otherwise hide
the correction.

These signature corrections are quite different than the patching that is frequently found
in non-genuine signatures. On these occasions, the writer is not attempting to make the
signature more readable, but to make its appearance passable. He is fixing an obvious
defect that he perceives as detectable, and might uncover his fraudulent product and
foil his scheme. These usually take the form of a correction to a flaw in the writing line
rather than in the form of a letter. Extensions to entry or terminal strokes, or to lower
descending portions of letters, along with corrections to embellishments, are typical of
non-genuine patching.

Kinds and Methods of Forging (Koppenhaver, 2007)


1. Simple Forgery
The simple forgery makes no attempt to imitate a genuine signature. It could be the
signature of a specific person or a fictitious name. It is the easiest type of forgery to
identify because it does not resemble a known signature.

2. Simulated Forgery
In a simulated forgery, the forger attempts to copy a known signature. The known
signature can be copied freehand or it may be traced from a model so that the result is
exactly alike in terms of sizes of letters and some of the stroke structures. These
methods differ widely in details, according to the circumstances of each case. Tracing
can only be employed when a signature or writing is present in the exact or approximate
form of the desired reproduction. Simulated forgery is the most difficult of all methods to
create and the most difficult to detect.

Simulated Forgery
QUESTIONED STANDARD

Types of Traced Forgery

1. Indentation Process-The outline of the writing underneath will then appear sufficiently
plain to enable it to be traced with pen or pencil, so as to produce a very accurate copy
upon the superimposed paper. If the outline is with a pencil, it is afterward marked over
with ink.

2. Transmitted Process-It may then be done by placing the writing to be forged upon a
transparency over a strong light, and then superimposing the paper upon which the
forgery is to be made.

3. Carbon Process-This is done with the aid of carbon paper interleave between a blank
paper, used with apparent force of writing, then afterwards marked over with ink.

Techniques of the Forger


A clever forger needs considerable knowledge and skills and uses a variety of
mechanical devices when attempting to make fraudulent copies of documents. They
may have knowledge of papers, inks and computer technology. They may be skilled in
printing, engraving or penmanship. They may even have access to secured forms,
check writers and rubber stamps. They also sometimes use modern technology to
duplicate forms, checks and gift certificates (Koppenhaver, 2007).
Some forgers attempt to imitate handwriting or signatures while others disguise their
own handwriting to prevent others from identifying it as theirs. There are also forgers
who alter documents by changing dates or raising amounts of money. Some attempt the
more difficult task of forging not just a signature but a whole document. He will probably
focus on imitating the habits of the original writer, but will revert to his own writing habits
when his attention wanes. The forensic examination of handwriting and signatures is
discussed further in Chapters 8 and 9, respectively.

Advancement in computer technology has made it easier for some to create fraudulent
documents. In fact, numerous forgers have attempted to use personal computers,
desktop publishing software, scanners and laser printers to create counterfeit checks
and other documents that require expensive printing equipment.

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