Denver Fraud And Embezzlement Attorney
Fraud and Embezzlement, like forgery or theft are all crimes of dishonesty. Crimes of dishonesty are crimes of moral turpitude. If you are a non United States Citizen there are several serious adverse immigration consequences upon a conviction of a crime of moral turpitude, which includes deportation.
If you are being investigated or have been arrested for a white-collar crime such as fraud or embezzlement you should that a conviction can lead to serious potential consequences, including prison. Make sure you do everything you can to defend against these charges and contact me by calling our office today. As a former deputy District Attorney I know how to best defend you in these types of cases and can help you get the best possible outcome to your situation.
Misdemeanor & Felony Forgery:
Forgery in the first degree involves falsely and fraudulently creating, altering or passing official documents such as currency, stocks, wills, deeds or contracts. The document must purport to have legal efficacy that affects some right or status. For example, a fraudulent letter to the prosecutor's office recanting the initial statement of events and purporting to contain the victim's signature meets the statutory requirements of forgery because the prosecutor would likely rely on the forged letter in determining whether probable cause exist to move forward with the prosecution, which would affect the defendant's legal status in eth pending criminal matter.
Forgery also includes falsely and fraudulently creating, altering, or passing any part of any issue of money, stamps, securities, or other valuable instruments issued by a government or government agency. For example: United States Postal Service stamps, United States Treasury "treasury bills". Forgery also includes falsely and fraudulently creating, altering, or passing any part of any issue of stock, bonds, or other instruments representing interests in or claims against a corporate or other organization or its property. For example creating Share Certificate of Microsoft Corporation without the authority from Microsoft Corporation.
Forgery is a specific intent crime in that the person charged with forgery must have intent to defraud (in lay person words "to cheat"). The courts have held that the requisite intent to commit forgery can exist in case where the defendant used a false written instrument prepared by another and prosecution is not required or obligated to prove defendant either mailed the false instrument or explicitly directed another to do so on defendant's behalf. However, evidence of giving a forged resident alien card ("green card") to a police officer was insufficient to support a charge of forgery with the intent to defraud the immigration and naturalization service. (The evidence that was lacking is the fact whether the defendant knew the resident alien card ("green card") was in fact a forged card). Forgery involves fraudulent acts related to papers that are not specified in the forgery in the first-degree statute. There are also other offenses relating to forgery such as criminal possession of a forged instrument, criminal possession of forgery devices, criminal simulation, and obtaining signature by deception.
The statute provides a rebuttable (which can be shown to negate the non existence of intent) presumption of intent to defraud when a person transfers, passes, or delivers, a forged document to a peace officer.
Forgery is a very complicated crime and it is prudent to invest the money required to present a cohesive defense to work towards obtaining a dismissal from the prosecution or a "Not Guilty" verdict from the jury.
- Forgery in the first degree is a Class 5 felony, and forgery in the second degree is a Class 1 misdemeanor. * Forgery 18-5-102 covers listed documents such as money, stamps, securities, stocks or bonds, wills, codicils contracts, promissory notes, public record document, lottery tickets but does not include an academic record.
- Forgery in the second degree 18-5-104 covers any document or instrument that is not covered by Forgery 18-5-102 and is not an academic record. Use of forged academic record 18-104.5 is a Class 1 Misdemeanor. * Criminal possession of a forged instrument 18-5-105 is a class 6 Felony.
- Criminal possession of a second degree forged instrument 18-5-107 is a Class 2 Misdemeanor.
- Criminal possession of forgery devices 18-5-109 is a Class 6 Felony.
- Criminal simulation 18-5-110 is a Class 1 Misdemeanor.
- Obtaining signature by deception 18-5-12 is a Class 2 Misdemeanor.
- Trademark counterfeiting 18-5-110.5 is under certain circumstances a Class 1 Misdemeanor and a Class 2 Misdemeanor under other circumstances.
- Criminal Impersonation 18-5-113 is a Class 6 Felony. Criminal Impersonation arises, for instance when you claim the identity of other or assumes a false or fictitious identity; claim to be marriage without the knowledge of the other partner in this claimed marriage.
Mr. V. Iyer has the experience in providing criminal defense of forgery and other fraud related criminal charges to get you the result you want, you expect, and you deserve. We recommend you contact Iyer Law Office, LLC, without delay so that you can better understand your circumstances, and thereby promote informed decision making that could significantly improve the ultimate outcome of your case. Our criminal defense attorneys welcome your inquiry and do not charge for initial telephone, e-mail and/or office consultations.
