united-states criminal-law fraud
Why is there no US federal crime of interstate forgery?
<p>Suppose someone uttered a forged document across state lines with fraudulent intent. This looks like (attempted) fraud and (completed) forgery in both states, as well as (attempted) mail/wire fraud federally. However, <a href="https://www.law.cornell.edu/uscode/text/18/part-I/chapter-25" rel="nofollow noreferrer">18 USC Ch 25</a> clearly applies only when the intended victim or misrepresented party is the United States/agents/etc itself.</p>
<p>Since attempted fraud is basically a predicate offense of forgery, presumably the latter is more serious. Given that federal statute treats &quot;interstate commerce&quot; very liberally (the reach of mail and wire fraud is extremely broad), why didn't congress create a separate crime for interstate forgery? (Start with a copy of 18 USC Ch 25 with all references to &quot;the United States/etc&quot; replaced with &quot;any person, across state lines&quot; and adjust from there.)</p>

<p>The only real answer is that Congress hasn't (to the best of my knowledge) chosen to pass such a law.</p>
<p>But the kinds of forgery that Congress might plausibly and constitutionally prohibit, such as forgery of checks, forgery of legal documents, and forgery as part of a fraudulent scheme are already crimes under state law, and the states handle such prosecutions perfectly well. There is really no need for a separate federal law on such issues.</p>
<p>The kinds of forgery covered in the answer b grovkin would probably not be covered by a federal forgery statute, if one were to be passed. But that is speculation.</p>

<blockquote>
<p>18 USC Ch 25 clearly applies only when the intended victim or misrepresented party is the United States/agents/etc itself.</p>
</blockquote>
<p>This is not correct.  <a href="https://www.law.cornell.edu/uscode/text/18/513" rel="nofollow noreferrer">18 USC 513</a> and <a href="https://www.law.cornell.edu/uscode/text/18/514" rel="nofollow noreferrer">514</a> apply to states and private organizations.</p>
<p>For example, 513(a):</p>
<blockquote>
<p>(a) Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined under this title [1] or imprisoned for not more than ten years, or both.</p>
</blockquote>

<p>Depending on what was forged, this may not even be a crime.  The types of forgeries which are criminal are different crimes depending on, again, what's been forged.</p>
<p>For example, forging a passport is covered by <a href="https://law.justia.com/codes/us/2011/title-18/part-i/chapter-75/section-1543/" rel="nofollow noreferrer">18 USC 1543</a>.</p>
<p>Forging artwork is almost certainly legal if the work is not covered by IP laws and no attempt has been made to sell it or gain financially from the forgery in some other way.</p>
<p>But blanket prohibition on forgery would probably run afoul of the 1st amendment.  For example, Congress almost (almost!) certainly cannot make it illegal to create false religious relics which are not copies of existing religious artifacts.  But even if a relic is a copy, passing it as genuine maybe an article of (false) faith, which is a protected religious expression.</p>
