Counterfeiting

The crime of counterfeiting is the act of creating a duplicate of an authentic item. Counterfeiting is most often associated with forged money. The U.S. Secret Service has direct jurisdiction for investigating and enforcing cases of counterfeiting United States obligations and securities. Often, individuals are accused of counterfeiting when they had no idea that the currency or other instrument in their possession was forged. If this happens to you, you might face multiple charges, including conspiracy. A competent, experienced attorney can limit the charges, mitigate the sentence, and provide the best opportunity to perhaps have charges dropped altogether. Contact us to schedule a free initial consultation with one of our attorneys.

In the meantime below is some useful information on some of the more common counterfeiting crimes, such as:

• COUNTERFEITING
• PASSING COUNTERFEIT SECURITIES OR OBLIGATIONS

COUNTERFEITING

18 U.S.C. § 471 makes it a crime for anyone to falsely make or counterfeit any United States money. The possible punishment for a violation of this law includes a substantial monetary fine and/or up to twenty years in prison. In order to convict the government must prove each of the following beyond a reasonable doubt:

• That the individual charged made counterfeit money or other security; and
• That the individual did so with intent to defraud, that is, intending to cheat someone by making that person think the was real.
  

To be counterfeit, a bill must have a likeness or resemblance to genuine currency. A document is considered a counterfeit obligation or security of the United States if the fraudulent obligation bears such a likeness or resemblance to any of the genuine obligations of the United States as is calculated to deceive an honest, sensible, and unsuspecting person of ordinary observation and care dealing with a person who is supposed to be upright and honest.

It is not necessary, however, to prove that the individual charged intended to cheat a particular person, or that the United States or anyone else was in fact cheated so long as it is established that the accused acted with intent to cheat someone.

PASSING COUNTERFEIT SECURITIES OR OBLIGATIONS

18 U.S.C. § 472 makes it a crime for anyone to possess, pass, utter, publish, sell, or attempt to pass, utter, publish, sell counterfeit United States money with intent to defraud. The possible punishment for a violation of this law includes a substantial monetary fine and/or up to twenty years in prison. In order to convict the government must prove each of the following beyond a reasonable doubt:

• That the individual charged possessed, passed, uttered, published, sold, attempted to pass, utter, publish, or sell counterfeit money;
• That the individual knew at the time that the money was counterfeit; and
• That the individual possessed, passed, uttered, published, sold, attempted to pass, utter, publish, or sell the counterfeit money with intent to defraud, that is, intending to cheat someone by making that person think the money was real.
  

To be counterfeit, a bill must have a likeness or resemblance to genuine currency. A document is considered a counterfeit obligation or security of the United States if the fraudulent obligation bears such a likeness or resemblance to any of the genuine obligations of the United States as is calculated to deceive an honest, sensible, and unsuspecting person of ordinary observation and care dealing with a person who is supposed to be upright and honest.

It is not necessary, however, to prove that the individual charged intended to cheat a particular person, or that the United States or anyone else was in fact cheated so long as it is established that the accused acted with intent to cheat someone.