What to do if you Forge Documents – Lawyer

In 2022, the Firm represented a client charged with fraud over $5,000, possession, sale, etc. of identity documents, identity theft, and utter forged documents in R. v. R.A. [2022]. The client, a second time offender, was arrested after attempted to cash a fraudulent $40,000 cheque using fake identification. When staff at the financial institution became suspicious and contacted police, police attended the scene where the client presented her false identification instead of identifying herself. The Crown sought a period of incarceration due to the seriousness of the offence, the high value of potential loss, and the fact that the client had a prior criminal record for a similar offence. The Firm secured the withdrawal of the three most serious offences and ran a contested sentencing hearing, avoiding custody.

What to do if you Have Forged Documents?

Uttering forged documents involves creating or deploying falsified documents with fraudulent intent. This offence is generally taken quite seriously in Canadian law. Given the potential losses such offences can have on individual Canadian’s and on the public, the court and the Crown’s office take such offences very seriously. Those convicted often face prison time and can also face other restrictive ancillary orders like lifetime orders not to work in financial institutions.

If you have forged documents and believe you may get caught, it is important to understand you rights and obligations under the law, even before charges are laid. Experienced counsel can assist you in mitigating risk early on to ensure the best possible outcome should charges be laid. Donich Law has more than a decade of experience defending individuals charged with serious fraud offences as well as forgery offences. We combine litigation skill with business backed risk management strategies to ensure our clients receive the best outcome available in their case

What if the Offence of Forgery?

Section 366(1) of the Criminal Code indicates that an individual has committed the offence of forgery when they make a false document, knowing it is false, and with the intent to use it as if it were real, to the prejudice of any other person, or that a person should be induced, by the belief that the document is genuine, to do or refrain from doing anything.

Subsection (2) provides the definition of “making a forged document.” It states that making a false document includes altering any material part of the document, making any material addition or adding to a genuine document a false date, attestation, seal or other thing that is material, or making any material alteration by erasing, obliterating, or removing anything from a document. An individual is guilty of the offence even where the document is incomplete.

How does the Crown Prove Utter Forged Documents?

To successfully secure a conviction for uttering forged documents, the burden is on the Crown prosecutor to sufficiently establish that the accused both knew about the document’s inauthenticity and intended to commit fraud using it. This usually involves both direct and circumstantial evidence, such as possession of the document and behaviours or actions indicating awareness of its falsity. In practice, this means that the Crown must prove that the accused knew the document was not authentic and used it or intended to use it fraudulently for their personal gain. For example, the Crown may prove that the accused individual purchased a fake ID and attempted to use it to cash a fraudulent cheque.

What is the Offence of Use, Trafficking, or Possession of Forged Documents?

Pursuant to section 368 of the Criminal Code, the offence of use, trafficking, or possession of forged documents has been committed when an individual possesses, uses, attempts to use, or circulates any document as if it were genuine, knowing or believing that that document is a forgery. In other words, this section makes it a crime to possess a forged document with the intent to use it, or actually use it, as though it were real.

For example, an underage individual who obtains a fake ID to use to purchase alcohol before they turn 19 is guilty of this offence. The individual is in possession of a document they know to be forged and possess it for the purposes of using it as if were real to purchase alcohol.

What is the Offence of Exchequer Bill Paper, Public Seals, etc.?

Pursuant to section 369 of the Criminal Code, it is an offence to make, use, or possess any exchequer paper bill, revenue paper or paper that is used to make bank notes, or any paper that is intended to resemble the paper noted above. Exchequer paper is a special kind of paper used to make government banknotes and treasury documents. Typically, those charged with this offence are accused of possessing counterfeit bank notes or treasury documents or are attempting to create counterfeit bank notes or treasury documents.

What is the Offence of False Pretence?

The offence of false pretence is outlined in section 362(1) of the Criminal Code. An individual is guilty of the offence when they use a false pretence to gain possession of any item or thing of value that they are not legally entitled to. This can include a physical item, money, credit, land or property, services, or anything else of value.

A false pretence is when an individual makes a false representation, knowing it to be false, in an attempt to induce another person to act or refrain from acting. This can include pretending to have authority you do not have, selling fake items as though they are real, pretending to own something you do not own, or lying about credentials to obtain money.

For example, an individual who sells another person a diamond ring stating that it is a natural diamond, knowing the diamond is actually a lab grown diamond, is guilty of false pretense.

Will I go to Jail for Forgery in Toronto?

Offenders who are convicted of forgery offences in Toronto face jail sentences in many cases. When determining the appropriate sentence for a forgery case the Court will consider a number of factors including the type of forgery offence, the loss or potential loss caused by the offender’s actions, the impact of any loss on the victims, as well as any other relevant factors presented by counsel.

When determining whether custody is appropriate, the Court will consider the harm caused by the forgery. Where there is a significant financial loss as a result of the offender’s actions, the chances of being sentencing to jail increase significantly. When there are large amounts of money involved, the Court must focus on the sentencing principles of denunciation and deterrence which tend to necessitate custody.