Falsifying Documents
What is Meant by “Falsifying Documents”?
“Falsifying Documents” is a type of white collar crime. It involves altering, changing, or modifying a document for the purpose of deceiving another person. It can also involve the passing along of copies of documents that are known to be false. In many states, falsifying a document is a crime punishable as a felony.
Some types of documents that are commonly falsified may include:
- Tax returns and income statements
- Personal checks
- Bank account records
- Business record keeping books
- Immigration documents (such as visas, passports, etc.)
- Identification cards and birth certificates
Basically, any type of official form or document can be illegally modified. Falsifying documents is usually done in connection with broader criminal aims, such as tax evasion.
In order to be convicted of falsifying documents, the accused person must have acted with criminal intent. Some businesses forms such as corporations can also be charged with falsifying documents.
What Types of Acts May be Considered as Falsifying a Document?
Many different types of acts can be considered as falsifying a document, including:
- Altering or misrepresenting factual information such as prices or monetary amounts
- Stating false information when requested to provide truthful statements
- Forging a signature
- Using official letterheads without authorization
- Concealing assets or property (especially in bankruptcy proceedings)
- Knowingly using or distributing a fake document
Again, a person can only be held criminally liable if they are acting with the intention of deceiving or defrauding another party. So, if a person was using a document but did not know that it was fake, they usually cannot be found guilty of falsifying a document.
What are the Legal Penalties for Falsifying Documents?
Falsifying documents is a very serious offense and is generally classified as a felony. This means that a person charged with falsifying documents may be subject to the following legal penalties:
- Having to pay a monetary fine
- Incarceration in a prison facility
Depending on the nature of the offense, as well as individual state laws, falsifying documents can result in a prison sentence of 5-10 years. Also, if government documents or authorities were involved, the legal penalties may be more severe.
Finally, legal penalties may increase with repeat offenses.
Do I Need a Lawyer if I am Being Accused of Falsifying Documents?
If you or your business entity is being charged with falsifying documents, you may wish to speak with a criminal lawyer immediately. An experienced criminal attorney can explain the specific laws of your individual state. Also, they may be able to tell whether you can raise a defense, such as a lack of criminal intent.
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Last Modified: 08-24-2011 11:57 AM PDT
