Naomi Hawkins
Research
October 5, 2010
Issue: Under the state penal code section 30-2-36, is it considered forgery when a client finds a completely filled out check, made out to cash, takes it to the bank, and at the direction of the teller signs it, and cashes it?
Rule: The state penal code states in section 30-236, defines forgery as “falsely making or altering any signature to, or any part of , any writing purporting to have any legal efficacy with intent to injure or defraud” Section 45-3-109 of the state’s commercial code provides that when a negotiable instrument is made out to cash it is a “bearer instrument” The section goes on to provide that “A bearer instrument refers to and instrument that is payable to anyone possessing the instrument and is negotiable by transfer alone, it is the same as cash.”
Analysis: According to the rule of law, the client is not guilty of forgery if he signed his own name, and cashed the check. Since the check was made out to cash then the law states that it is payable to anyone possessing it, then the client was within his rights to cash it. Assuming he signed his own name, then he is not guilty of forgery, and he did not intend to injure or defraud.
Conclusion: There is not sufficient evidence to support a cause of forgery, because there is no proof that the client had the intention of injuring or defrauding, and the fact that the check was in his possession, and made out to cash means that he had the right to cash it.
Research
October 5, 2010
Issue: Under the state penal code section 30-2-36, is it considered forgery when a client finds a completely filled out check, made out to cash, takes it to the bank, and at the direction of the teller signs it, and cashes it?
Rule: The state penal code states in section 30-236, defines forgery as “falsely making or altering any signature to, or any part of , any writing purporting to have any legal efficacy with intent to injure or defraud” Section 45-3-109 of the state’s commercial code provides that when a negotiable instrument is made out to cash it is a “bearer instrument” The section goes on to provide that “A bearer instrument refers to and instrument that is payable to anyone possessing the instrument and is negotiable by transfer alone, it is the same as cash.”
Analysis: According to the rule of law, the client is not guilty of forgery if he signed his own name, and cashed the check. Since the check was made out to cash then the law states that it is payable to anyone possessing it, then the client was within his rights to cash it. Assuming he signed his own name, then he is not guilty of forgery, and he did not intend to injure or defraud.
Conclusion: There is not sufficient evidence to support a cause of forgery, because there is no proof that the client had the intention of injuring or defrauding, and the fact that the check was in his possession, and made out to cash means that he had the right to cash it.