Forensic Document Examination: Help prove your case
A brief outline of instances where proving the case of your Client, may require the services of a forensic document examiner.
A thorough scientific examination of the document and its questioned content should usually enable the proficient Document Examiner to determine its authenticity. (This may involve comparison with an adequate sample, known as a specimen). The findings in the Examiner’s report, may lend sufficient weight to helping in settling the matter, either in or out of court.
(Warning: If you expect a committed expert opinion, it is unwise to jeopardise the case at this stage, by failing to choose a reputable expert. Specifically check if they had training (usually 5 years) in a document examination laboratory, followed by a long successful practice which incorporated quality assurance, and proficiency testing. Document Examination has proven to be one of the most difficult forensic fields.
FAMILY LAW CASES
This category has most frequently needed the document examiner’s help in recent times. Some signatures on documents are disputed only when ‘the cards are laid on the table’ at legal settlement time. The questioned documents may indicate substantial untimely withdrawals, or shuffling of funds. But most are where the first partner alleges that their partner has forged a signature upon documents ranging from personal loan or home loan applications, alleged pre-nuptial agreements, various house and property mortgage documents, or conveniently dated ‘family loans’. The first partner is adamant that they were totally unaware of the existence of the documents.
Other Family Law matters include disputed signatures of a spouse upon bogus receipts for maintenance and/or child support, or upon motor vehicle transfers. Also, questioned writings which constitute breeching conditions of restraint orders. This may include innocent looking messages to family members, or other not-so-innocent looking communications on letters or greeting cards.
CIVIL DISPUTES
The range of disputed documents in civil cases includes:
Wills: those with questioned signatures, or wills which are entirely forged, or those with alleged alteration, addition or insertion in part of the Will;
Agreements, invoices, or receipts: which have disputed signatures or writing;
Cheques and withdrawal forms: upon which the signatures have been disputed. An aged person possessing the combination of very poor health plus a healthy bank account, may appear to be an irresistible opportunity for a potential forger.
The document problem may then appear to be:
Is the obvious tremor in the questioned signature due to frail health? Or is it a deliberate simulation of that effect by a forger?
Is it an example of the tremor of fraud, and are the possible side effects of medication or drugs a likely part of the scenarios?
Or is it possibly a genuine signature, where the aged person has simply forgotten they signed the questioned document? Or has a machine generated image of a genuine signature been transposed onto a bogus document?
These are important questions which deserve proper interpretation, not an educated guess, and not relying only on the testimony of one person, who stands to substantially gain from alleging that the questioned signature and/or the document is either authentic or forged.
A questioned entry in a ‘conveniently produced’ diary or logbook, purported to corroborate the contentions of one party. But is the writing by the same hand as the other entries? Can it be compared and matched to another sample of writing? And was it made with the same pen as other entries?
The Document Examiner’s techniques may clearly demonstrate that the writing is by different hands, or different pens. There may be indications that the entries in a diary are inconsistent with being entered on the different dates as claimed, but instead reveal microscopic evidence of several pages having been written at one sitting;
Official entries, and/or alterations in question in the books, journals or notes of a profession, business or organization;
Anonymous writing where the writer may be identified by comparison with a known sample of their writing, (as well as by their fingerprints on the paper).
Other questioned writings may be of importance in determining whether a document was written or signed by a particular deceased or missing person who cannot answer for themselves. But expert comparison with an adequate sample of their known writing, may provide the solution.
‘Latent indentations’ revealed upon a page, from previous pages of overwriting. Using the technical apparatus (ESDA), invisible indentations resulting from previous writing on another page, (for instance, on a notepad), may prove that the contentions by one party concerning a questioned document are correct, in a variety of instances.
Conclusion
This article has dealt mainly with examination of writings, which involves more that 90% of the document examiners work. It can be seen to help you resolve issues of fact, in many cases with questioned writing or questioned documents. Future criminal proceedings may arise from the evidential findings within a document examiner’s report when you seek their assistance.