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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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