Counterfeiting and Forgery: Overview

Counterfeiting and Forgery: Overview Under U.S. Law

Counterfeiting and forgery are serious federal crimes involving the creation, alteration, or use of false documents, currency, or goods with the intent to deceive for personal gain. Both offenses threaten the integrity of financial systems, intellectual property rights, and public trust. Federal criminal defense lawyer Nate Crowley knows that a comprehensive understanding the nuances of these charges is critical to building an effective defense.

Counterfeiting typically refers to the production or use of fake currency, goods, or documents intended to be passed off as genuine. U.S. law, under 18 U.S.C. § 471-474, criminalizes the creation, possession, or distribution of counterfeit U.S. currency or securities. Beyond currency, counterfeiting may involve intellectual property, such as trademark violations, under 18 U.S.C. § 2320, which addresses the sale of counterfeit goods like luxury items, pharmaceuticals, or electronics.

Forgery involves altering or creating false documents with the intent to defraud. This can range from forged checks or contracts to falsified identification documents, governed by statutes like 18 U.S.C. § 1028 (identity document fraud). Forgery often overlaps with other crimes, such as fraud or conspiracy, increasing potential penalties.

Penalties for these offenses vary depending on the severity of the crime and the financial harm caused. For example, counterfeiting U.S. currency can carry penalties of up to 20 years in prison, hefty fines, and forfeiture of assets. Forgery offenses, depending on the type of document and associated fraud, may result in sentences ranging from 5 to 20 years.

Forgery and Counterfeiting Under California Law

Forgery and counterfeiting are serious offenses in California, addressed under the California Penal Code. These crimes involve creating, altering, or using false documents, currency, or goods with intent to deceive or defraud.

Forgery, covered under Penal Code § 470, occurs when an individual knowingly signs someone else’s name, alters a document, or falsifies a legal or financial instrument, such as a check, deed, or contract, intending to commit fraud. Common examples include forging a signature on a check or creating a false will. Forgery can be charged as a misdemeanor or a felony, depending on the circumstances and the value of the fraud, with penalties ranging from up to one year in county jail to three years in state prison.

Counterfeiting, while less explicitly defined in state law, often falls under broader fraud statutes. Counterfeit goods, such as fake designer products, are addressed under Penal Code § 350, which targets trademark violations. Manufacturing, selling, or possessing counterfeit items can result in misdemeanor or felony charges, with penalties including jail time and fines of up to $500,000 for large-scale operations.

Both crimes may lead to restitution orders for victims. Legal defenses include lack of intent, mistaken identity, or insufficient evidence, emphasizing the importance of strong legal representation in these cases

Defense strategies for these crimes focus on challenging the prosecution’s evidence, proving lack of intent to defraud, or demonstrating procedural violations during investigation or arrest. As a California criminal defense lawyer, advocating for your rights, Nate Crowley understanding complex statutes, and exploring plea negotiations or trial defenses are paramount to achieving the best possible outcome.

Charged with Forgery or Counterfeiting? Consult Federal Criminal Defense Attorney Nate Crowley.

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