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Johnathan MWhat is Forgery / Counterfeiting in South Carolina?
South Carolina’s forgery statute is found at S.C. Code § 16-13-10, and it’s broader than many expect. Under this statute, it’s unlawful to falsely make, forge, or counterfeit any writing or instrument of writing. It’s also unlawful to publish as true any false, forged, or counterfeited document. Being the person who presents a forged document, knowing it’s forged, can get you charged.
The statute also covers falsifying or altering records or plats of land, which can come up in real estate, boundary disputes, and property titles. Critically, helping or assisting in these acts is included. Advising or facilitating a forgery scheme, even without creating the document, creates criminal liability.
In Greenville, common forgery charges include forged checks, falsified contracts, counterfeit identification documents, and forged prescriptions. In addition to these, if you are found in possession of tools or materials meant for forgery, you could face charges under intent to commit forgery, adding another layer of complexity to your case.
Counterfeiting currency is mainly a federal offense under 18 U.S.C. § 471. However, South Carolina state charges can also apply. Typically, federal prosecution handles these cases due to the severe penalties involved.
Penalties for Forgery / Counterfeiting in Greenville, SC
South Carolina’s forgery penalties scale based on the dollar value involved.
When forgery involves $10,000 or more, it’s a felony with up to ten years in prison and a fine. When the forgery involves less than $10,000 but still a financial value, it’s a felony too, carrying up to five years in prison and a fine.
Forgeries not involving a specific dollar amount, like forging a diploma, are charged as misdemeanors but can lead to three years in prison. While misdemeanors, these hold significant consequences.
Financial transaction card forgery also carries penalties of up to ten years in prison. Credit Card Fraud involving forged card data is prosecuted under a separate statute alongside § 16-13-10 charges. It is important to note that penalties can escalate if the forgery is part of a larger fraud scheme, potentially involving conspiracy charges.
When counterfeiting is prosecuted federally, penalties include up to 20 years in federal prison. These cases are pursued aggressively, especially if organized or high stakes.
How Forgery Cases Are Prosecuted in Greenville County
Forgery prosecutions often begin with a complaint from a financial institution, business, or individual who received and acted on a forged document.
In Greenville County, forgery cases involving checks, bank documents, or financial instruments are often referred directly from financial institutions to the Greenville County Sheriff’s Office or to SLED. The investigation phase typically includes obtaining subpoenaed bank records, comparing handwriting samples, and pulling surveillance footage from banking locations. Prosecutors at the 13th Circuit Solicitor’s Office then evaluate the total dollar value across all alleged forgeries, since multiple forged documents in a pattern can be grouped and charged together under a single conspiracy or multiple individual counts. Each count carries its own sentencing exposure, meaning a scheme involving ten forged checks could produce ten separate felony charges. Banks might report check forgeries or businesses notice altered contracts during audits.
Once law enforcement is involved, investigators collect the original document, handwriting samples, digital records of any communications related to the document’s creation, and financial records showing how the forgery was used.
The Greenville County Solicitor’s Office files forgery cases in General Sessions Court when amounts exceed $2,000. Complex forgery schemes may involve grand jury indictments covering multiple documents, each charged separately.
Forensic document examiners are frequently used in prosecutions. Their analysis of ink, paper, handwriting, and digital metadata can be powerful evidence. However, defense professionals can challenge these findings using the same techniques.
Forgery charges often come with others. An Embezzlement case could include forgery if documents were altered to hide theft. Fraud by false pretenses and identity fraud charges can also appear depending on document use. In some cases, charges of conspiracy or racketeering can be added if the forgery is part of a broader criminal enterprise.
Defense Strategies for Forgery Charges
Defending a forgery charge requires attacking the prosecution’s proof on several fronts.
Challenging intent is foundational. Forgery requires willful action with intent to defraud. If you lacked knowledge that a document was forged or didn’t intend to deceive anyone, these are legitimate defenses. A person who unknowingly presents a forged check isn’t criminally liable under § 16-13-10 if they genuinely didn’t know it was fake.
Contesting forensic document evidence is another avenue. Handwriting analysis has documented limitations. Defense-retained forensic examiners can challenge the prosecution professionals’ conclusions, raising reasonable doubt about document creation.
Disputing the dollar value of the forgery can matter significantly. The difference in maximum sentences hinges on whether the amount is below or above $10,000. If prosecution’s valuation is overstated, reducing the charge level is possible.
Suppression motions can target improperly gathered evidence. Documents and records seized without valid authority may be excluded. This can be particularly crucial if the case involves electronic communications or digital records.
If accused of “uttering” a forged document, presenting it as genuine, the defense often focuses on your knowledge at the time. If you had no reason to believe the document was false, this destroys the intent element.
A White Collar Crimes Lawyer who understands technical dimensions of document evidence can make a difference in your case.
Why You Need a Forgery Lawyer in Greenville
Forgery convictions carry serious collateral consequences beyond immediate sentence.
Collateral consequences of a forgery conviction in South Carolina are particularly severe for anyone in a profession that handles money or documents. Healthcare workers, financial professionals, real estate agents, contractors, and attorneys are all subject to mandatory license disclosure requirements for felony convictions. A forgery conviction is viewed by licensing boards as a crime of dishonesty, which is grounds for denial, suspension, or revocation in most licensed fields. Even outside of professional licensing, the stigma of a forgery conviction on a background check can disqualify you from positions in banking, government, education, and any role that involves handling financial accounts. Restitution is also commonly ordered, requiring full repayment of every dollar obtained through the forged documents, on top of any fine or prison sentence imposed. A felony forgery conviction marks you for a crime involving dishonesty. This affects employment in every professional field, housing access, ability to hold licenses, and daily life aspects.
If the forgery involved federal elements, a federal prosecution may run concurrently with or instead of the state case. Federal penalties are typically stricter, often requiring sentences without early release through state parole.
John Crangle defends clients facing forgery and counterfeiting charges in Greenville County and the 13th Judicial Circuit. He understands how document evidence is used and how to challenge it. He knows when forgery charges are part of a larger case needing coordinated strategy.
If you face check forgery, falsified business documents, or counterfeiting, John Crangle works to protect your rights. Related charges involving Money Laundering or Tax Fraud / Tax Evasion can be handled together.
Contact John Crangle today for a confidential consultation about your forgery charges in Greenville.