Fraud and Related Offences – Part 1

The Courts have acknowledged that fraud related offences are becoming increasingly prevalent in our society.

In Trinidad and Tobago, the Forgery Act, Chapter 11:13 (The Act), stands as the primary legislation addressing fraud and related offences and sets out stern penalties to be enforced by the Courts, designed to deter and punish those who create or use false documents.

The public should be aware that forgery, is a serious crime with consequences that can range from substantial fines to lengthy terms of imprisonment, including life sentences in certain cases. Understanding what constitutes forgery and the range of actions considered illegal is crucial.

What is forgery

Forgery according to the Act is the creation of a “false document” with the intention that it be used as genuine including the counterfeiting of a seal or dies in instances mentioned in the Act.

Documents can be classified as false if it appears to be made by a person who did not make it or authorise its making, and if:

• Any changes have been made to the document, such as adding, deleting, or altering information;
• Any part of the document appears to be created by or for a fake or deceased person; or
• Even if the document uses a real person’s name, it was made to falsely appear as if it was created by someone else, whether real or fake.

The language of the document or its intended application outside the jurisdiction is irrelevant. The offence of forgery can be complete even if the forged document itself is incomplete or wouldn’t actually be legally binding. Indeed, what the Act seeks to target is the creation of false documents in any form as opposed to their actual or intended use. The crossing on cheques, drafts or postal orders which normally signify that they have been deposited is also considered a material part of the document.

Offences carrying a maximum sentence of Life Imprisonment

The most significant penalty of life imprisonment is reserved for forging documents of utmost societal importance such as Wills, Probate or Letters of Administration, Deeds, Bank notes, or any document bearing the stamp or impression of the Public Seal of Trinidad and Tobago if done with intent to defraud or deceive.

While Courts are not bound to impose a maximum sentence in a given case, the significance of the maximum penalty clearly communicates the seriousness of the offence and the strong condemnation for the forgery of the above documents and a sentence for an offence committed in that regard will take that fact into account.

Offences carrying a maximum sentence of Fourteen Years imprisonment

Forgery with intent to defraud can carry a maximum sentence of fourteen years if it involves high-value or official documents, such as securities, land or goods titles, powers of attorney, share registers, insurance policies, official records (like births or deaths), government-issued labels or wrappers, official seals, or stamps used by customs, tax authorities, or under the Stamp Duty Act.

Offences Carrying a maximum of Seven Years Imprisonment

Forgery with intent to defraud or deceive can result in up to seven years in prison when it involves official court documents, records or certificates maintained by the court, documents created by public officers, evidence intended for use in court, marriage certificates, vaccination or birth and death records, driving permits (including provisional or learner’s), or a national ID card.

Other Forgery Offences:

Passport Forgery

Knowingly forging a passport or making an untrue statement to procure one (for oneself or another) is punishable by up to two years imprisonment. Keep in mind that forgery of local passports will necessarily contain the public seal of Trinidad and Tobago, which is punishable up to life.

General offence

If a person forges any document with intent to defraud or deceive, and it’s not covered by a more specific penalty, they face up to two years imprisonment as a general penalty under Section 7 of the Act. So, this may include more commonplace business documents, job letters, invoices, payslips and so on.

Uttering Forged Documents

The Act also contemplates not just forgery but the act of presenting forged documents which carries the same penalty as if you had actually forged the document. This is known as “uttering” where the person knows the document to be forged and with intent uses, the forged item.

There are reported cases where persons have had significant fines imposed for uttering forged foreign passports, and job letters. Recently, a court started with a sentence of one year imprisonment in a case where a person forged a job letter, payslips, a letter from a banking institution and a false agreement.

Conclusion

It is critical that we appreciate that forgery is taken seriously in our society. Indeed, all institutions are entitled to verify the veracity of documentation presented in any transaction and forgery is punishable significantly when discovered.

Submitted by:

Shaun Morris PD I

Public Defenders’ Department

Legal Aid and Advisory Authority,

23 Stanmore Avenue, Port of Spain.

Contact: 638-5222

Email: [email protected]

Website: laaa.org.tt