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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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