4 Types of Forgery That Will Put You in a Bind
The world of business is rife with fraud. According to the Anti-Phishing Working Group, over $1.5 billion in phishing losses were recorded in 2012 alone. You can’t always trust the people you’re dealing with, and there are many ways that unscrupulous individuals can hurt your business. This article will discuss the four (4) types of Forgery to watch out for.
The UAE has been known as the country for determined people. Entrepreneurs and investors alike would risk their investments to put up business establishments for a greener Pasteur. However, venturing and investing in a business in the UAE could be cumbersome. Hence, a lot of them fall victim to the falsification of documents.
Although Business forgery occasionally happens, it is still essential for business leaders to prepare how to prevent and deal with it once it happens. Forgery has a direct relationship to business records that could lead to fraud. Primarily, the malefactor can create false or fake documentation that would, later on, be used to defraud the company.
In general, if you commit Forgery in the UAE, you could face some serious criminal charges. That’s because personal information is of extreme value and importance to the government. The penalty for forging official documents in the UAE is imprisonment from six months to three years, followed by deportation from the country. Forged documents include passports, land deeds, and marriage records.
What is Forgery?
Forgery is the intent to defraud another and knowingly produce, possess, or issue an altered copy of a document or signature.
According to Article 216 of Federal Law No. 3/1987, Forgery is an act or omission altering any instrument in varied manners to substitute the false document with the original.
Forgery is categorized into two: material and moral. Material Forgery is the significant alteration of a document, whether adding, deleting or modifying the original document or creating a whole new document that can be perceived by sense, particularly the eyes.
While, on the other hand, moral Forgery pertains to where a forger alters the meaning or content but not the material subject matter of the document.
Forgery may be mapped out as follows:
Forgery——- 1. Intent to alter or fabricate;
- Any written instrument;
- To cause prejudice to another.
According to the law, an accused may face a maximum of five or ten-year prison term depending on the case.
In a forged document, only the forged signature is considered inoperative, the instrument and all genuine signatures are still considered valid.
In a nutshell, an individual commits a crime of Forgery by affixing a forged signature over a negotiable instrument without the prior consent of the authorized person.
Some Penalties under Federal Decree-Law No. 5/2012
- Imprisonment and a fine not less than AED 150, 000 and not more than AED 750, 000 on any act or omission constituting Forgery committed on a document of federal or local government or federal or local establishments; and
- Imprisonment and a fine AED 150, 000 and not more than AED 300, 000 on an act or omission constituting Forgery on any other document apart other than what is mentioned.
The 4 Types of Forgery, Explained
- State Forgery
Forgery becomes a State-level Crime when any person commits it to deceive another by making the false official document or knowingly present or issue a fake document. Moreover, a person who has in his possession an altered document with the intent to deceive someone is also guilty of Forgery.
Further, using someone else’s signature, code, device, or private key also constitute a state-level forgery that if convicted, may lead a person to imprisonment by up to 5 years and a fine of AED 25,000.
- Counterfeiting and Forgery
Counterfeiting thru Forgery is committed by any person who would steal from accounts through a forged document containing the signature of a person, thereby creating new lines of credit or obtaining business documents.
- Forgery of Documents
Documents related to a business may be forged and later may be used for interconnected illegal activities. The perpetrator modifies something in the paperwork to use it as a genuine copy to defraud another.
Another modus is to acquire money using false or fake paperwork by using previously valid data.
- Forgery of Official Business Documents
When forging an official business document, the malefactor usually changes the state-issued identification card locally and issued to an employee or manager.
Conversely, in business, forging official business documents is committed by the person’s intent to acquire money and outrightly steal valuable property or data. This is often done where the crime is connected to business documents, but the business records remain valid in unaltered versions.
Discussion on a Case in relation to Forgery
Resorting to illegal means, such as Forgery of a written document or utilizing the falsified document for personal gain could cost a person his/her life.
Forgery is a serious offense that causes damage to another where a forger alters a document in order to obtain money from a third party which h/ she is not legally able to get. Under the law, the person claiming forgery is duty bound to prove the same and the defendant has the right of denial.
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The Court of Cassation has held that if the facts and the documents of the case were not sufficient to convince the veracity of the document, the court should base its decision on the contested document.
The trial court should rely on the evidence which it deemed most reasonable and helpful in understanding the merit of the case. Moreover, the court had authority to estimate whether the expert’s report was sufficiently comprehensive, properly grounded and well-reasoned.
Lastly, documents issued in a foreign language are valid even if they were not translated into Arabic as long as they were submitted and examined by an expert.