Federal Counterfeiting Charges Under 18 USC 471: Secret Service Investigations

Federal Counterfeiting Charges Under 18 USC 471: Secret Service Investigations

So your probably facing federal counterfeiting charges and your ABSOLUTELY SHOCKED because you thought counterfeiting was about sophisticated criminal organizations. Maybe you unknowingly received fake bills as change. Maybe there’s allegations you passed counterfeit currency at stores. Or maybe prosecutors claim you manufactured or possessed equipment to make fake money. Look, we get it. Your COMPLETELY OVERWHELMED by these charges. And you should be! Because counterfeiting under 18 USC 471 carries 20 YEARS in federal prison and Secret Service investigates these cases with massive resources and sophisticated forensics!

What Is Federal Counterfeiting Under 18 USC 471?

Let me explain the currency crime that Secret Service takes personally. Section 471 prohibits falsely making, forging, counterfeiting, or altering any obligation or security of United States with intent to defraud! Applies to currency, bonds, treasury notes, federal reserve notes, coins!

The statute requires TWO elements: (1) falsely making or altering US obligation or security, (2) with intent to defraud! Both required – must prove counterfeit was made AND defendant intended to defraud someone!

Here’s what’s really scary – Secret Service investigates counterfeiting, not FBI! Highly trained agents with forensic labs analyzing every suspected bill! Secret Service has approximately $90 million budget for counterfeiting investigations! They take protecting US currency as personal mission!

“Counterfeit” means fake money so similar to genuine that ordinary person would be confused! Doesn’t need to be perfect – just good enough to deceive reasonable person! Poor quality fakes that obviously aren’t real? May not qualify as counterfeit!

What Are Related Counterfeiting Offenses?

Multiple overlapping statutes targeting different aspects of counterfeiting!

Section 471 is manufacturing counterfeit obligations! Making fake bills, forging signatures, altering genuine currency! 20 years maximum and up to $250,000 fine!

Section 472 is passing or uttering counterfeit obligations! Putting counterfeit money into circulation – using fake bills to buy things! Also 20 years maximum! Don’t need to manufacture it – just passing fake money someone else made!

Section 473 is buying, selling, or possessing counterfeit obligations! Dealing in counterfeit currency – buying fake bills from manufacturers or selling to passers! Up to 20 years! Even possession with intent to use is crime!

Section 475 is possessing plates, stones, or devices for counterfeiting! Having equipment capable of making fake money! Printers with specific capabilities, special inks, plates with currency designs! 25 years maximum for possessing counterfeiting tools!

Prosecutors charge ALL applicable sections! Found with fake bills AND printer? That’s manufacturing (471), possession (473), AND possession of equipment (475)! Three 20-year felonies for same conduct!

What Must Government Prove?

Elements vary by specific charge but intent is critical!

For manufacturing under 471: must prove defendant falsely made, forged, counterfeited, or altered US obligation! Creating fake bills from scratch, altering genuine bills to higher denominations, forging signatures! Any of these satisfies element!

Must prove it was obligation or security of United States! Currency, bonds, treasury notes, federal reserve notes, coins, stamps, checks! Includes ANY official document or instrument issued by US government!

Must prove intent to defraud! This is CRITICAL element! If you didn’t know money was counterfeit or didn’t intend to deceive anyone, no crime! Receiving fake bill as change innocently? No intent to defraud!

Intent proven circumstantially! Possession of counterfeiting equipment, large quantities of fake bills, attempts to pass at multiple locations – all evidence of intent! Pattern of behavior shows fraudulent purpose!

For passing counterfeit: must prove defendant knew or should have known money was fake! If reasonable person would recognize as counterfeit, imputed knowledge! Extremely poor quality obvious fakes? Should have known!

How Does Secret Service Investigate Counterfeiting?

Secret Service has sophisticated forensic capabilities!

Every suspected counterfeit bill reported to Secret Service! Banks, retailers, individuals must report counterfeit currency to authorities! Bill gets sent to Secret Service lab for analysis!

Forensic examination identifies manufacturing method! Inkjet printer? Laser printer? Offset press? Each method leaves unique characteristics! Secret Service maintains database of known counterfeit notes linking to manufacturing sources!

Serial numbers traced across multiple locations! If same fake serial numbers appearing at different stores in different cities, shows organized operation! Pattern analysis links passers to manufacturers!

Surveillance footage from stores where counterfeits passed! Secret Service reviews video of each transaction! Tracks suspects passing fake bills! Multiple locations create federal conspiracy!

Undercover operations target counterfeit sellers! Agents pose as buyers purchasing fake bills! Record transactions, get samples, identify manufacturers! Controlled purchases provide evidence of dealing in counterfeits!

What Are Penalties and Sentencing?

Sentences are SERIOUS despite common perception counterfeiting is minor!

Standard penalty: 20 years maximum and fines up to $250,000 per count! Multiple counts from multiple fake bills? Decades of exposure!

Enhanced penalty for counterfeiting equipment: 25 years maximum if possess plates, stones, devices for making counterfeits! Printers with specific capabilities, special paper, metallic inks – all qualify as equipment!

Sentencing guidelines based on face value of counterfeit currency! Base offense level 9 but loss amount adds levels! Over $10,000 in fake bills adds 2 levels, over $2.5 million adds 16 levels! Large counterfeiting operations face decade-long guidelines!

More than minimal planning adds 2 levels! Sophisticated means adds 2 levels! Using complex printers, multiple passes at different locations, organized distribution? Enhancements stack!

Restitution for losses! Merchants who accepted fake bills lost real money! Must repay all victims! Plus costs to Secret Service for investigation!

Supervised release follows prison! Typically 3 years! Conditions prohibit possession of printers, scanners, specific software! Computer monitoring! Violate conditions? Back to prison!

What Are Defenses to Counterfeiting?

Several defenses exist but knowledge and intent are key!

Lack of knowledge is PRIMARY defense! If you genuinely didn’t know money was counterfeit, can’t be convicted! Received fake bill as change then innocently spent it? No knowledge means no crime!

No intent to defraud! If you had legitimate reason for possessing what appeared to be counterfeit, not guilty! Movie props, educational materials, novelty items, art projects – all legitimate purposes negating intent!

Poor quality defense! If alleged counterfeit was SO obviously fake that no reasonable person would accept it, may not be “counterfeit” under law! Blatantly fake monopoly-style money clearly marked as not legal tender? Not counterfeit!

Marked as fake defense! If currency clearly labeled “NOT LEGAL TENDER,” “PROP MONEY,” “FOR MOTION PICTURE USE,” not counterfeit! These markings show no intent to pass as genuine!

Entrapment defense! If Secret Service agent induced you to accept or pass counterfeit money you wouldn’t otherwise handle, entrapment! Must show government created crime not just provided opportunity!

Insufficient similarity! If alleged counterfeit doesn’t closely resemble genuine currency, may not satisfy statute! Color wrong? Size wrong? Security features obviously missing? Challenge whether ordinary person would actually be deceived!

What About Foreign Currency Counterfeiting?

Separate statutes target counterfeiting foreign money!

18 USC 478-479 criminalize counterfeiting obligations of foreign governments! Making fake euros, pounds, pesos – all federal crimes! Same 20-year penalties!

Foreign currency counterfeiting charged when fake foreign bills brought into or passed in United States! Don’t need to manufacture in US – importing fake foreign currency is crime!

Foreign governments cooperate with Secret Service! Interpol shares intelligence about international counterfeiting! US prosecutes counterfeiting of allied currencies – euros and pounds especially!

Enhanced penalties for foreign currency equipment! Up to 25 years for possessing tools to make fake foreign money! Printers capable of reproducing security features!

We defend by showing lack of knowledge foreign currency was fake! Received as change while traveling? Exchanged at legitimate-appearing location? No intent to defraud or knowledge of counterfeit status!

Why Counterfeiting Defense Requires Specialized Secret Service Attorneys

Look, we’re not your typical lawyers who don’t understand Secret Service investigation methods. We’re former federal prosecutors who WORKED with Secret Service on counterfeiting cases and know EXACTLY how to challenge forensic evidence!

We understand how to prove lack of knowledge and intent! We know when alleged counterfeits are too poor quality to satisfy statute! We can establish legitimate purposes for possessing reproduction currency! Most importantly, we challenge Secret Service’s forensic conclusions!

Other lawyers don’t challenge Secret Service forensics! They accept government’s characterization of poor fakes as prosecutable counterfeits! Their ignorance leads to convictions for innocent possession!

Call us RIGHT NOW at 212-300-5196
Secret Service moves FAST on counterfeiting investigations!
Former federal prosecutors – Counterfeiting defense specialists – Available 24/7!

Don’t speak to Secret Service about counterfeit money without experienced currency crime counsel! They assume anyone possessing fake bills knew they were counterfeit! Every statement about when and how you got money becomes evidence! Assert your rights and call us IMMEDIATELY!

Remember – federal counterfeiting charges aren’t just about sophisticated crime rings, there about Secret Service prosecuting anyone possessing or passing fake bills even unknowingly. One counterfeit $20 bill passed at store, one fake $100 received as change, one printer capable of reproducing currency can mean 20 years in federal prison. You need someone who understands Secret Service forensics AND counterfeiting defenses. Call us NOW before fake money charge destroys your life!