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Court split on man’s forgery conviction

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The Indiana Court of Appeals was divided over whether a man who used another person’s Social Security number and a false identification should have been convicted of forgery under a 2005 amendment to the law.

Rafael Bocanegra got a job in 2010 with Keystone RV Co. in Goshen by listing his name as “John Giron” on the application and providing a Social Security number and card that had the name “John Giron” on it. He also had an identification card allegedly issued by Ohio that had the name “John Giron.” When the real John Giron received a letter from the IRS accusing him of not reporting income from Keystone, an investigation showed Bocanegra used Giron’s identification to get the job.

He was charged with and convicted of Class C felony forgery and identity deception as a Class D felony, but he was only sentenced on the forgery conviction.

The majority relied on Lohmiller v. State, 884 N.E.2d 903 (Ind. Ct. App. 2008), to affirm that Bocanegra had intended to defraud his employer and Keystone could suffer potential injury. An amendment in 2005 – enacted after Lohmiller committed her offenses – creates a lesser offense to the Class C felony forgery: counterfeiting. The intent to defraud is not needed to convict one of counterfeiting. The state did not charge Bocanegra with counterfeiting.

While the majority in Rafael Bocanegra v. State of Indiana, 20A03-1108-CR-361, found Bocanegra’s argument that Keystone didn’t sustain any actual injury persuasive, the judges pointed to Indiana decisions after the 2005 amendment that indicate actual injury doesn’t need to be proven to convict of forgery. They ordered that his identity deception conviction be vacated.

Senior Judge Patrick Sullivan dissented, finding there must be an actual injury to prove that Bocanegra committed fraud.

“The fact remains, however, that Bocanegra performed the work for which he was hired and paid. I discern no legally cognizable harm to Keystone from that. One might deduce that by hiring Bocanegra, Keystone was incurring a prospective or possible inquiry and sanctions for hiring an illegal alien,” he wrote. “Nevertheless, such speculative ‘harm’ does not meet the requirement for proof of a legal harm or injury.”

Sullivan would reverse the forgery conviction and leave in place the identity deception conviction.

 

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  1. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  2. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  3. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  4. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  5. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

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