Washington D.C. Forgery of Private Documents

Private documents commonly targeted in forgery cases include:

• Personal agreements such as IOUs, rental contracts, or personal statements
• Employment-related materials such as résumés, job application letters, or performance reports
• Business documents such as invoices, receipts, and internal memos
• Authorization letters and private certifications
• Legal instruments like power of attorney documents not notarized by a public officer

Even documents not filed with a government agency may be treated seriously if intended to influence another’s actions or rights.

Forgery involves producing a false document that appears to be issued or signed by someone else. In contrast, alteration (or document tampering) refers to changing a legitimate document's content without permission. Both are punishable under D.C. Code § 22–3241 (Fraud) and § 22–3242 (Forgery), depending on the fraudulent intent and the nature of the altered content.

For instance:

• Signing someone else's name on a private lease is forgery.
• Modifying the amount owed in a real debt agreement is alteration.

Both scenarios could result in felony charges under D.C. law.

Unauthorized creation or modification
The individual must not have had the right or authority to write, sign, or edit the document. For instance, if the signature was authorized by the name-holder, the act may not constitute forgery.

Impersonation or misrepresentation
The forged document must purport to come from a different person. If the identity of the alleged signatory is vague or unclear, this may weaken a prosecutor’s case.

Intent to use or deceive
There must be proof that the forged document was created with the intention of being used to deceive or mislead someone. Accidental or mistaken entries generally do not meet this standard.

The statute of limitations for forgery of private documents in Washington D.C. is three years from the date the crime is discovered, not necessarily the date of occurrence. However, for forgery linked to federal crimes or large-scale fraud schemes, longer periods or tolling exceptions may apply under federal law or the D.C. Code § 23–113.

• Base punishment: Up to 5 years of imprisonment and/or a fine of up to $25,000, depending on the document’s use and harm caused (D.C. Code § 22–3242).
• Attempted forgery: Even attempts that are not successfully used may be charged similarly under D.C. attempt statutes.
• Multiple parties: If the act was committed by more than one person (aiding, abetting, or conspiring), all involved may be charged with the same degree of liability.

While D.C. has no mandatory sentencing for private forgery offenses, judges often consider:

Aggravating Factors:

• Forgery of documents used in court or as legal evidence
• Use of professional printing equipment or digital manipulation
• Recidivism or criminal record in similar cases

Mitigating Factors:

• Voluntary confession before detection
• No actual use or circulation of the forged document
• Compensation to victims or out-of-court settlement
• Demonstrated remorse and community ties

Legal professionals can assist in:

• Reviewing document chains of custody
• Determining whether consent was given or implied
• Evaluating whether the document qualifies as “forged” under D.C. Code
• Negotiating for dismissal, diversion, or reduced charges

Additionally, to avoid future legal risks, businesses should implement internal document controls such as digital watermarking, employee authorization logs, and version-tracking systems.