THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Forgery

    1.    Forgery: Requirement Of Intent To Defraud
    2.    Effect Of Cashing Forged Check

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

ALERT:  Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION:

    There is nothing inherently wrong or illegal about signing another's name to a check, although this is not true of a forgery. A signature may be made by an agent or other representative. The power to sign for another may be given expressly or it may be implied in law or in fact. For instance, beyond the express authority given by an employer, an employee has the implied authority to do things that are usual, appropriate, necessary, or proper to accomplish the purposes and objects of his employment.

    To constitute a forgery, it is not sufficient that a person simply sign the name of someone else to a check. Rather, to constitute a forgery, the person signing a check in the name of someone else must do so with the intent to defraud, that is, with the intent to obtain property that he does not in fact believe he is entitled to receive. If the person subjectively believes that he is entitled to receive the proceeds of the check, then he has not forged the check, even if that belief is unreasonable.

RELATED NCJIC MATERIALS:

See generally NCJIC 86.1 [Forgery].

See also NCJIC 86.1.3.1 [Forgery: Requirement Of Intent To Defraud].

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

ALERT:  Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION:

    By cashing a forged check, a bank passes title to its own property, not that of its depositor.

AUTHORITIES:

Winkie v. Heritage Bank of Whitefish Bay, 99 Wis. 2d 616, 299 N.W.2d 829, 833 (1981).

RELATED NCJIC MATERIALS:

See generally NCJIC 86.1 [Forgery].

See also NCJIC 86.1.2.1 [Forgery: Uttering A Forged Check With Intent To Defraud].