Fill and Sign the Jury Instruction Uttering a Forged Endorsementus Legal Forms

16.2 Forgery (Uttering A Forged Endorsement) 18 USC § 495 (Second Paragraph) or 18 USC § 51 0(a)(2) (Having A Face Value Of $500 Or More) Title 18, United States Code, Sect ion 495, makes it a Federal crimeor offense f or anyone to utter or pass as t rue any Unit ed States Treasury check with a forged endorsement. The Defendant can be found guilt y of that offense only if all of the following facts are proved beyond a reasonable doubt:First: That the Defendant uttered or attempted to pass and circulate as true and genuine the Unit ed States Treasury check [having a face value of $500 or more] as described in the indictment;Second: That the Defendant did so with knowledge t hat t he payee' s endorsement on the check was a forgery; andThird: That the Defendant acted willfully and with intent to defraud the United States.The " payee" of a check is t he true owner or person to whom thecheck w as payable. The term " forgery" means t hat t he payee' s endorsement on a check was written or signed without the payee's permission or authority. To " utter" or " pass" a check includes any attempt to cash a check or otherwise place it in circulation, and in so doing to state or imply, directly or indirectly, t hat t he check and t he endorsement are genuine. To act with " intent to defraud" means to act knowingly and with the specific intent to deceive, ordinarily for the purpose of causing some financial loss to another or bringing about some financial gain t o one' s self.The offense is complete whenever someone willfully attempts t o pass or circulate the check as genuine, but with knowledge that theendorsement is forged, and with intent to defraud. It is not necessary to show that the Defendant actually did the forgery, or that the government was in fact defrauded, or that anyone actually obtained money from the Unit ed States. ANNOTATIONS AND COMMENTS 18 USC § 49 5 (second paragraph) provides: Whoever utters or publishes as true any . . . false, forged, altered, or counterfeit ed writing, w it h intent t o defraud the Unit ed States, knowing the same to be false, altered, forged, or counterfeited [shall be guilty of an offense against t he United States]. Maximum Penalty: Ten (10) years imprisonment and applicable fine. 18 USC § 51 0(a)(2 ) provides:(a) Whoever, w it h intent t o defraud - -(2) passes, utters, or publishes, or attempts to pass, utter, or publish, any Treasury check or bond or security of t he Unit ed States [having a face value of $ 500 or more] bearing a falsely made or forged endorsement or signature [ shall be guilty of an offense against t he Unit ed States]. Maximum penalty: Ten (10) years imprisonment and applicable fine.