New York State Private Investigator Practice Exam

What constitutes forgery?

1. Creating a new legal document

2. Falsely making or materially altering an instrument to defraud

3. Obtaining a loan through deception

4. Providing false testimony in court

The correct answer is: Falsely making or materially altering an instrument to defraud

Forgery is defined as the act of falsely making or materially altering an instrument (such as a signature, legal document, or financial instrument) with the intent to defraud someone. This involves both the creation of a fraudulent document or alteration of an existing legitimate one in a way that misrepresents its authenticity or meaning. The crucial elements here are the act of falsification and the intention to deceive, which can lead to financial loss or legal implications for others. Creating a new legal document does not necessarily constitute forgery unless it involves the falsification of signatures or essential details with the intention to deceive. Similarly, obtaining a loan through deception typically falls under fraud rather than forgery, as it may involve misrepresentation but not necessarily the falsification of an instrument. Providing false testimony in court is perjury, which is also a serious offense but distinctly different from forgery, as it pertains to false statements rather than documents. Thus, the defining characteristics of forgery center around the act of altering or creating an instrument with the intent to defraud.