Legal Question in Business Law in Oregon

Forgery/Mail Fraud at a bookstore

I have worked at a family owned bookstore for 4 years. I am the webmaster and marketer. 6 months ago, I found out my boss was forging author signatures and selling the books as authentic signed copies. He tries very hard to keep it a secret. I am the only employee that knows he forges, that he is AWARE of (although other employees know as well). I have never taken part in the signing. I know that books we have auctioned on (online auction house) have been forgeries, and I have set up those auctions. We also ship through the USPS. If I continue to work here, am I at legal fault in any way? If he gets caught, can I be charged with anything, even though I have never forged a signature myself?


Asked on 8/20/03, 3:33 pm

1 Answer from Attorneys

Noel Snyder Law Office of Noel Snyder

Re: Forgery/Mail Fraud at a bookstore

You are in a tough situation. The issues presented in your question are: 1) Do you face criminal liabilities? and 2) Do you face civil liabilities? A person can be criminally liabile for the conduct of another if with intent to promote or facilitate the commisssion of a crime... a person aids or abets another person in planning or committing a crime. Your participation in setting up and promoting these internet auctions of books with forged signatures is probably aiding your boss. Next inguiry is whether your boss is committing a crime. Forgery in the Second degree is when a person with the intent to injure or defraud falsely makes...a written instrument. A written instrument is any ... document...containing written or printed material...used for the purpose of ...conveying or recording information...which is capable of being used for the advantage or disadvantage of some person. There may be Federal crimes involving the use of the interstate mails with intent to injure or defraud. So the answer is pretty clear that if your boss gets busted you are at risk because you knew he was committing a crime and you helped him do it. The defense of I had to or I would get fired might help at sentencing but will not exonerate you. As to civil liability I don't think so. You are an employee acting within the scope of your employment

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Answered on 8/20/03, 4:58 pm


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