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 Constitute 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

Destroying information material to an investigation

Again, a person can only be held criminally liable if they are acting with the intention of deceiving or defrauding another party, such as another person or a bank. 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 federal authorities were involved, the legal penalties may be more severe. A maximum sentence for falsifying federal investigation and bankruptcy records can be fines and 20 year imprisonment.

Legal penalties may increase with repeat offenses. 

What are Other Penalties for Falsifying Documents?

Besides being subject to penalties and incarceration, falsifying documents can have adverse consequences in one’s life and may constitute:

Grounds for termination of one’s job

Reduction of one’s credit score

Disqualification for bank loans

Grounds for removability in immigration proceedings

Grounds for ineligibility for passport records

Being subject to Business and Professions Code lawsuits

Being audited by the I.R.S. more frequently

Do I Need a Lawyer If I Am Accused of Falsifying Documents?

If you or your business entity is being charged with falsifying documents, you may wish to speak with a criminal defense 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. 

Document fraud, also known as identity fraud, is the manufacture, sale or use of counterfeit identity documents such as fake driver's licenses, birth certificates, Social Security cards or passports for immigration fraud or other criminal activity.

The different types of document fraud

Criminals and terrorists often make fraudulent use of identity and travel documents in order to carry out their illegal activities. Both false and genuine documents are used to perpetrate a variety of frauds, which can be classified as follows:

False documents 

Counterfeit– a document that constitutes an unauthorized reproduction of a genuine document. These documents are not legitimately manufactured, nor issued or recognized by an official authority. 

Forgery– these are typically based on a genuine document, a part of which has been added or altered in order to give misleading information about the person who presents it. 

Pseudo document– a document produced with no authority and which is not officially recognized. They can occur in various forms and may have the physical appearance of a passport or an ID card. 

Genuine documents 

Fraudulently obtained genuine document– an authentic identity or travel document obtained through deception by submission of either false or counterfeit documents, cooperation of a corrupt official or impersonation of the rightful holder of a genuine document. 

Misuse of a genuine document through deception by a person who knowingly misrepresents him or herself by using someone else’s identity or travel document. Often, the biographical details and photograph resemble the impostor, helping him or her to pass as the rightful bearer.