Yes, forgery is a federal crime whenever it involves a U.S. government document, defrauds a federal agency, or uses the mail or interstate commerce to carry out the scheme. Most ordinary forgery (a bad personal check, a fake ID used at a bar) stays in state court. Once a federal document or federal interest is in play, the case shifts to federal prosecutors, and the penalties get much heavier: the core federal forgery statutes carry 10 to 20 years in prison, and prosecutors routinely add charges that push exposure higher.
When Forgery Becomes a Federal Case
Federal jurisdiction turns on what was forged and who was harmed. The federal government steps in when the forgery touches something it has a direct interest in protecting:
- Federal documents or instruments: U.S. currency, Treasury checks, passports, visas, military discharge certificates.
- Federal agencies as the victim: fake contracts, deeds, or receipts used to extract money from a federal agency.
- Federal identification: Social Security cards, immigration documents, other government-issued IDs.
- Interstate or international commerce: even a forgery of private documents can become federal if the scheme uses the mail, crosses state lines, or targets a federally insured financial institution.
Most of the core offenses sit in Chapter 25 of Title 18 of the U.S. Code, though related forgery charges appear throughout federal law.
The Main Federal Forgery Statutes and What They Carry
There is no single federal forgery statute. Different sections target different kinds of forged items, and each sets its own maximum.
Currency and Government Securities
Under 18 U.S.C. § 471, forging or counterfeiting any obligation or security of the United States carries up to 20 years in prison, a fine, or both.1Office of the Law Revision Counsel. 18 U.S. Code 471 – Obligations or Securities of United States “Obligations or securities” covers more than paper bills; it reaches bonds, Treasury notes, and other government-backed instruments.
Knowingly passing, possessing, or concealing counterfeit U.S. obligations under Section 472 also carries up to 20 years.2Office of the Law Revision Counsel. 18 U.S. Code 472 – Uttering Counterfeit Obligations or Securities Buying or selling counterfeit securities under Section 473 carries the same 20-year ceiling.3Office of the Law Revision Counsel. 18 USC 473 – Dealing in Counterfeit Obligations or Securities
Treasury Checks and Bonds
Forging an endorsement or signature on a U.S. Treasury check, bond, or security is prosecuted under Section 510 and carries up to 10 years. The statute covers both creating the forgery and knowingly passing a Treasury check with a forged endorsement.4Office of the Law Revision Counsel. 18 U.S. Code 510 – Forging Endorsements on Treasury Checks or Bonds or Securities of the United States
Contracts, Deeds, and Agency Paperwork
Section 495 covers forging a deed, contract, receipt, power of attorney, or similar document for the purpose of obtaining money from the United States. This is the statute prosecutors use when someone fabricates paperwork to bill a federal agency. The maximum is 10 years.5Office of the Law Revision Counsel. 18 U.S. Code 495 – Contracts, Deeds, and Powers of Attorney
Passports and Immigration Documents
Forging a U.S. passport under Section 1543 carries tiered penalties: up to 10 years for a standard first or second offense, 20 years if the forgery facilitated drug trafficking, and 25 years if it facilitated international terrorism.6Office of the Law Revision Counsel. 18 U.S. Code 1543 – Forgery or False Use of Passport
Forging visas, border crossing cards, alien registration cards, or similar immigration documents falls under Section 1546, which uses the same tiered structure: 10 years, 20 years if tied to drug trafficking, 25 years if tied to international terrorism.7Office of the Law Revision Counsel. 18 USC 1546 – Fraud and Misuse of Visas, Permits, and Other Documents
Federal Identification Documents
The broader federal ID fraud statute, Section 1028, reaches producing, possessing, or transferring fraudulent identification documents. Forging a document that appears to be issued by the United States, or forging a birth certificate, carries up to 15 years. The ceiling rises to 20 years if the forgery connects to drug trafficking or a violent crime, and 30 years if connected to terrorism.8Office of the Law Revision Counsel. 18 U.S. Code 1028 – Fraud and Related Activity in Connection with Identification Documents, Authentication Features, and Information
Government Seals and Military Discharge Certificates
Fraudulently affixing a federal agency seal to a false document, or possessing such a document knowing it was falsely sealed, is punishable by up to 5 years under Section 1017. Forging or altering a military discharge certificate, or displaying one you know to be forged, is a separate offense under Section 498, with a maximum of 1 year.9Office of the Law Revision Counsel. 18 U.S. Code 498 – Military or Naval Discharge Certificates
Charges That Usually Stack on Top
Federal prosecutors rarely charge forgery alone when related offenses are available. Two show up constantly and change the math of a case.
Aggravated Identity Theft
If the forgery used another person’s identifying information, expect a charge under 18 U.S.C. § 1028A. This statute carries a mandatory 2-year prison sentence that runs after, not alongside, the sentence for the underlying forgery. A judge cannot shave time off the forgery count to absorb it, and probation is not available.10Office of the Law Revision Counsel. 18 USC 1028A – Aggravated Identity Theft If the forgery facilitated a terrorism offense, the mandatory add-on is 5 years. A 10-year forgery exposure becomes 12 years minimum once the identity theft count attaches.
Mail Fraud and Wire Fraud
Forgery schemes that use the postal service or interstate electronic communication to deliver forged documents, collect payment, or further the fraud bring in mail fraud under 18 U.S.C. § 1341, carrying up to 20 years, or up to 30 years if the scheme affected a financial institution.11Office of the Law Revision Counsel. 18 U.S. Code 1341 – Frauds and Swindles Wire fraud under Section 1343 carries identical penalties. Prosecutors favor these charges because the elements are broad and each mailing or transmission can be charged as its own count.
What Prosecutors Have to Prove
The specific elements shift from statute to statute, but federal forgery charges share a common core. The government must prove each of these beyond a reasonable doubt:
- A false document. The defendant created a document that appears genuine but is not, or altered a real one in a meaningful way. A trivial change that would not influence anyone’s decision does not qualify.
- Knowledge. The defendant knew the document was fake or altered. Carrying a forged check unknowingly is not forgery.
- Intent to defraud. The defendant meant to use the document to deceive someone for gain or to cause harm. This element separates forgery from, say, making a prop for a film set.
For statutes that target possession or circulation (such as Sections 472 and 510), the government must show the defendant knew the item was forged and intended to pass it off as real.2Office of the Law Revision Counsel. 18 U.S. Code 472 – Uttering Counterfeit Obligations or Securities The knowledge requirement matters. Someone who gets a counterfeit bill as change and unknowingly spends it has committed no crime. Someone who spots the fake and spends it anyway has.
How the Actual Sentence Is Calculated
The statutory maximums set the ceiling, but the sentence a judge imposes depends heavily on the Federal Sentencing Guidelines. For fraud and forgery, Section 2B1.1 of the guidelines starts with a base offense level and adds enhancements based on the facts.
The single biggest driver is the dollar amount of loss. The guidelines use a loss table that climbs as the loss grows. A $5,000 loss produces a modest enhancement. Losses over $1 million add 16 levels. Losses exceeding $400 million can add 30. Each level translates into months or years of recommended prison time.
Other factors that push the recommended sentence up include the number of victims, whether the defendant led the scheme, whether vulnerable people were targeted, and whether the defendant obstructed justice. A forgery conviction involving a high dollar loss and multiple victims can produce a recommended sentence that approaches or hits the statutory maximum, even for a defendant with no prior record.
Can You Be Charged in Both State and Federal Court?
Yes. Under the dual sovereignty doctrine, state and federal governments are treated as separate authorities, so a conviction or acquittal in one does not bar prosecution in the other. The Supreme Court reaffirmed this in 2019, holding that prosecution by two separate sovereigns for the same conduct does not violate double jeopardy.
In practice, dual prosecution is rare. The Department of Justice’s internal Petite Policy generally bars federal prosecutors from pursuing a case already handled at the state level unless the matter involves a substantial federal interest that the prior prosecution left unaddressed, the evidence is sufficient to sustain a federal conviction, and an Assistant Attorney General signs off in advance.12United States Department of Justice. JM 9-2.000 – Authority of the U.S. Attorney in Criminal Division Matters – Prior Approvals The legal right to prosecute twice exists; the policy keeps it narrow.
How Long Prosecutors Have to File Charges
The general federal statute of limitations for non-capital crimes is five years from the date of the offense. If charges are not filed within that window, the government loses the ability to prosecute.13Office of the Law Revision Counsel. 18 U.S. Code 3282 – Offenses Not Capital
Some forgery offenses carry longer periods. Passport forgery under Section 1543 and forgery of naturalization or citizenship documents under Section 1426 each have a 10-year limitations period. Forgery targeting a federally insured financial institution may also carry an extended filing deadline. If the limitations period has run in your case, raising the defense before trial is critical; courts have held that failing to assert it in time can waive it.