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Counterfeiting is a serious federal crime in the United States, involving the unlawful creation, alteration, or distribution of currency, documents, or goods with the intent to deceive or defraud. The federal government, through agencies such as the U.S. Secret Service, aggressively prosecutes counterfeiting offenses due to their potential to undermine financial systems and intellectual property rights. Counterfeiting generally encompasses several types, including currency counterfeiting, document forgery, and trademark or goods counterfeiting.
Currency counterfeiting refers to the production or distribution of fake money with the intent to pass it off as genuine. This type of counterfeiting is strictly prohibited under 18 U.S.C. §471, which imposes penalties of up to 20 years in prison and significant fines.
Document counterfeiting, such as the forgery of passports, immigration papers, or securities, is also punishable under various federal statutes, carrying similarly severe penalties. Meanwhile, trademark counterfeiting involves the unauthorized use of a registered trademark on goods with the intent to deceive consumers. Under the Trademark Counterfeiting Act of 1984, violators may face fines up to $5 million and prison terms of up to 20 years.
From the perspective of legal defense lawyer Nate Crowley, defending against counterfeiting charges involves scrutinizing the evidence for potential flaws or procedural errors. Common legal defenses include lack of intent to defraud, arguing that the defendant did not knowingly produce or distribute counterfeit items, or challenging the admissibility of evidence obtained through illegal searches or seizures in violation of the Fourth Amendment. Additionally, demonstrating that the defendant was unaware the goods or documents were counterfeit can be a viable strategy in certain cases.
In California, counterfeiting is also a state crime prosecuted under various sections of the California Penal Code. State laws address the counterfeiting of trademarks, currency, and government documents. Penal Code §472 criminalizes the forgery or counterfeiting of public seals, punishable by up to three years in prison.
Counterfeiting-related offenses may also involve the production or sale of fake goods, which can lead to both criminal penalties and civil liability. California’s enforcement efforts often involve coordination with federal authorities in large-scale counterfeiting operations.
Given the severity of penalties and the federal government’s rigorous prosecution, federal criminal defense lawyer Nate Crowley will mounti a strong defense that includes an in-depth understanding of counterfeiting laws and the constitutional protections afforded to defendants.
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