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Court addresses forgery statute on electronic credit card purchases

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Using someone else’s credit card and electronically signing that person’s name is considered “uttering” a written instrument under Indiana’s forgery statute, the state’s appellate court has ruled.

The three-judge panel unanimously reached that holding today in the case of Jessica Borjas v. State of Indiana, No. 49A02-1009-CR-1048, which hails from Marion Superior Judge Steven Rubick.

In September 2009, the Indianapolis woman went to a Family Dollar store and bought about $155 in merchandise using another person’s Visa credit card, swiping the card to process the transaction and then signing the name of the cardholder. That person had not given her permission to use the card. Neither electronic receipt reproduced the false signature, but it was stored in the system.

The state later charged Borjas with two Class C felony counts and she waived her right to a jury trial. She argued that an electronic signature after the sale – signifying that a sale had been approved electronically – did not fall within Indiana Code 35-43-5-2(b) because the sale was approved prior to her signing.

The trial judge disagreed and found her guilty on both counts.

On appeal, the Indiana Court of Appeals noted that the Indiana forgery statute specifically says that the state must prove that someone “with the intent to defraud, uttered a written instrument” without the authority to do so. The court found her argument without merit and specifically relied on a not-yet-certified ruling about three weeks ago in Green v. State, __ N.E.2d__, 2011 WL 1047053, at *2-*3 (Ind. Ct. App., March 23, 2011), that held it would run contrary to the General Assembly’s express interest to allow someone to avoid forgery convictions because of an electronic signature.

“Nonetheless, Borjas contends that the sale was completed when she received electronic approval that the funds to complete the sale were available,” the court wrote today. “That contention is not supported by citation to authority and is not otherwise persuasive. It is common knowledge that a signature may be required for a credit card transaction. When it is, the signature is not superfluous but serves to authenticate the sale.”

The judges also cited Indiana Code 26-2-8-106, in finding that a “signature may not be denied legal effect or enforceability solely because it is in electronic form.”

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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