FORG3020 Counterfeit Payment Instrument

Law Office of W.F. ''Casey'' Ebsary Jr — Sat, 26 Apr 2025 21:03:44 GMT

FORG3020 – Tampa Defense Attorney for Counterfeit Payment Instrument Charges

Facing a charge for FORG3020 Counterfeit Payment Instrument in Hillsborough County, Florida is serious. Under Florida Statutes, it is a third-degree felony to create, possess, or use counterfeit financial documents without authorization. These charges can result in up to 5 years in prison, 5 years of probation, and a $5,000 fine.

If you are accused of counterfeiting checks, money orders, or any financial instrument, your future and reputation are at risk. You need an experienced Tampa Criminal Defense Attorney by your side.
📞 Call (813) 222-2220 today for help with your case.

What Is a Counterfeit Payment Instrument?

Under Florida Statute 831.28(2)(a), a counterfeit payment instrument is any payment document, such as a check or money order, that has been manufactured or altered without the permission of:

The financial institution (such as a bank),
The account holder, or
The organization named on the document.

It also includes the creation of documents using entirely fictitious names, routing numbers, or account numbers.

Counterfeiting these instruments with the intent to defraud another person, company, or financial institution is a felony offense.

FORG3020 Counterfeit Payment Instrument – Key Facts

Category	Details
Form Code	FORG3020
Florida Statute	831.28(2)(a)
Crime Level	Felony (Third Degree)
Possible Penalties	Up to 5 years in prison, 5 years probation, $5,000 fine
Common Examples	Counterfeit checks, fake money orders, fraudulent cashier’s checks

Penalties for Counterfeit Payment Instrument in Florida

If convicted of FORG3020, penalties can include:

Up to 5 years in state prison
Up to 5 years of probation
Up to $5,000 in fines
Restitution to victims (repayment of any losses)
Permanent criminal record (making future employment difficult)

Penalties may increase if the alleged crime involved large amounts of money, multiple victims, or participation in an organized fraud ring.

Frequently Asked Questions About FORG3020 Charges

FAQ

What does Florida law define as a “payment instrument”?

Under Florida Statute 560.103, a payment instrument includes checks, money orders, traveler’s checks, cashier’s checks, electronic payment transfers, and other similar documents used to move money. Counterfeiting any of these without permission is illegal.

What if I didn’t know the payment instrument was counterfeit?

Lack of knowledge can be a defense in a FORG3020 case. If the accused honestly did not know the instrument was counterfeit, the State may have difficulty proving the “intent to defraud” required for a conviction. A skilled defense attorney can present evidence of a lack of criminal intent.

Can a fake online payment also count as a counterfeit instrument?

Yes. Florida law includes electronic payment instruments. A counterfeit computer or digital check or electronic money transfer that uses false routing numbers, account numbers, or bank names can be prosecuted the same as a traditional paper counterfeit check.

What is the difference between “forgery” and “counterfeiting” under Florida law?

Forgery usually involves altering or signing someone else’s real document without authorization (e.g., signing another person’s name).
Counterfeiting, under section 831.28, involves creating an entirely fake financial document from scratch or using fake information to create it.

How does the State prove intent to defraud?

Prosecutors typically rely on circumstantial evidence like false information used, suspicious behavior, communications between parties, or patterns of similar transactions. However, if there’s no clear evidence you knew the instrument was counterfeit, your defense could be strong.

Defenses to FORG3020 Counterfeit Payment Instrument Charges

Common defenses to these serious charges include:

Lack of Intent to Defraud: No knowledge that the payment instrument was counterfeit.
Mistaken Identity: The wrong person was accused.
Insufficient Evidence: State cannot prove essential elements beyond a reasonable doubt.
Consent Defense: In rare cases, the alleged “unauthorized” creation was actually permitted.
Violation of Constitutional Rights: Illegal searches or seizures during investigation.

Every case is different. An experienced Tampa criminal lawyer can help you understand your best defense strategy.

Why Choose W.F. “Casey” Ebsary Jr. for Your Defense?

Attorney Casey Ebsary is a Board Certified Criminal Trial Lawyer with decades of experience handling fraud, forgery, and counterfeiting cases across Hillsborough County and Florida. He fights aggressively to protect clients from harsh penalties, guiding them every step of the way.

📞 Call (813) 222-2220 or visit CentralLaw.com to schedule your confidential consultation today.

Conclusion

Facing a FORG3020 Counterfeit Payment Instrument charge is extremely serious — but it does not have to define your future.
With the right defense, you may be able to get the charges reduced, dismissed, or achieve a favorable outcome at trial.

Don’t face these charges alone. Contact a Tampa Criminal Defense Attorney with the skills and experience to fight for you.
👉 Call (813) 222-2220 today for a consultation.

Original Post from 2010

Counterfeit Instrument, 831.28.2A, FORG3020

“counterfeit means the manufacture of or arrangement to manufacture a payment instrument, as defined in s. 560.103, without the permission of the financial institution“

Counterfeit Instrument

If you have been charged with FORG3020 COUNTERFEIT PAYMENT INSTRUMENT you can call a Tampa Counterfeit Defense Attorney at (813) 222-2220.

Form Code: FORG3020
Florida Statute: 831.28.2A
Level: Fel (Felony)
Degree: 3rd

Description: COUNTERFEIT PAYMENT INSTRUMENT

FORG3020 COUNTERFEIT PAYMENT INSTRUMENT is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 831 FORGERY AND COUNTERFEITING

831.28 Counterfeiting a payment instrument; possessing a counterfeit payment instrument; penalties.

(1) As used in this section, the term “counterfeit” means the manufacture of or arrangement to manufacture a payment instrument, as defined in s. 560.103, without the permission of the financial institution, account holder, or organization whose name, routing number, or account number appears on the payment instrument, or the manufacture of any payment instrument with a fictitious name, routing number, or account number.

(2)(a) It is unlawful to counterfeit a payment instrument with the intent to defraud a financial institution, account holder, or any other person or organization or for a person to have any counterfeit payment instrument in such person’s possession. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

FORG3020 - Law Office of W.F. ''Casey'' Ebsary Jr