The Colorado Court of Appeals issued its decision in People v. Kovacs on July 5, 2012.
The People appealed the district court’s order dismissing for lack of probable cause their indictment of defendant Alexander Kovacs for forgery. The order was reversed and the case was remanded.
In 2010, a grand jury indicted Kovacs on five counts of forgery of a written instrument. The indictment alleged that Kovacs provided various parties appraisals that contained material misrepresentations or omissions. The district court dismissed the indictment, finding that the appraisals were not “forged instruments” as that term is defined in CRS § 18-5-101(5).
The People argued that the district court erred in dismissing the indictment. Under CRS § 18-5-101(3)(b), a person falsely “completes” a written instrument when he or she adds materially false information to any instrument, genuine or non-genuine, so as to render it legally operative. Here, Kovacs falsely completed the appraisals when he certified the appraisals as true and accurate, and as having been completed in compliance with the applicable professional guidelines. Therefore, the district court erred in dismissing the indictment based on its view that the forgery statute required the completion of a non-genuine instrument.
Summary and full case available here.