Criminal Defense Lawyers

How to Handle Federal Counterfeiting Charges in New York

How to Handle Federal Counterfeiting Charges in New York

Dealing with federal counterfeiting charges in New York can be an overwhelming and scary experience. I totally get it – the legal system is complicated, and the stakes feel high. Just know there are good options and people who can help guide you through this. I wanted to give a quick rundown on what federal counterfeiting laws are, what the charges and penalties look like, and some tips on working with a lawyer to build your defense case.

Federal Counterfeiting Laws

There are a few main federal laws that apply to counterfeiting cases:

• 18 U.S.C. Section 471 – This law makes it illegal to falsely make, forge, counterfeit or alter any U.S. obligation or security, like currency, bonds, or stamps, with the intent to defraud. The penalty is up to 20 years in prison.
• 18 U.S.C. Section 472 – It’s illegal under this statute to pass, sell, publish, or conceal counterfeit U.S. obligations and securities if you intend to defraud someone. Again, up to 20 years in prison here.
• 18 U.S.C. Section 473 – This covers dealing in counterfeit obligations and securities, like buying, selling, exchanging, transferring, or delivering them. Up to 20 years in prison.
• 18 U.S.C. Section 2320 – Trafficking counterfeit goods and services can get you up to 10 years in prison per offense under this law.

So in a nutshell, the feds take counterfeiting seriously, whether it involves currency, official documents, or consumer goods. The penalties are steep.

Common Federal Counterfeiting Charges

Some of the specific charges you might face under these laws include:

• Counterfeiting currency – Making fake U.S. bills, coins, or other currency.
• Passing counterfeit currency – Knowingly using or distributing fake currency.
• Possessing counterfeit currency – Having counterfeit bills or coins in your possession.
• Counterfeiting stamps/postage – Making forged U.S. postage stamps.
• Counterfeiting IDs – Fake driver’s licenses, passports, social security cards, etc.
• Trafficking counterfeit goods – Dealing in knock-off designer items, software, movies, etc.
• Counterfeiting securities – Fake stocks, bonds, treasury notes, etc.
• Possessing counterfeit plates – Having plates, software, or tools to make counterfeit items.

The charges brought depend on the specific circumstances of your case. Multiple charges may apply if you engaged in various types of counterfeiting activity.

Penalties Under Federal Counterfeiting Laws

As mentioned above, each of these charges carries hefty maximum prison sentences, usually up to 10 or 20 years per offense. You can also face massive fines – for individuals, up to $250,000 per offense. Other potential penalties include:

• Probation
• Restitution to victims
• Forfeiture of assets involved in the crimes
• Denial of federal benefits
• Deportation (for non-citizens)

And if you have prior felony convictions, you may qualify as a “career offender” leading to harsher punishment.

Building Your Defense Strategy

Facing federal counterfeiting charges is scary, but the good news is there are often strong defense arguments an experienced attorney can make on your behalf. Here are some of the most common defense strategies:

You lacked criminal intent – For most counterfeiting crimes, prosecutors must prove you acted with intent to defraud. If you can show you didn’t mean to mislead or cheat anyone, it hurts their case.

You didn’t know the money/items were fake – If you unwittingly passed counterfeit currency or trafficked in knock-off goods, that helps undermine the prosecution’s case that you knew the items were fraudulent.

Law enforcement made mistakes – If the police conducted an illegal search or interrogation, your lawyer can seek to suppress that evidence.

You were entrapped – Undercover agents sometimes cross the line and entrap people into committing counterfeiting crimes. This is a solid defense strategy.

Mental health defenses – Conditions like diminished mental capacity may explain your actions and warrant more lenient sentencing.

Sentencing mitigation – Even if convicted, your lawyer can present mitigating factors to argue for less jail time. These include having no criminal history, family obligations, health issues, or playing a minor role in the crime.

Working with a Federal Criminal Defense Lawyer

Given the high stakes, building an effective defense really requires the expertise of an experienced federal criminal defense attorney. Here are some tips on finding the right lawyer:

• Look for someone with extensive experience in federal counterfeiting cases specifically. This area of law is complex.
• Make sure they have practiced in the federal court district where your case is charged. Local rules and prosecutors vary.
• Ask about their track record getting charges reduced or dismissed pre-trial. This is often possible in counterfeiting cases.
• See if you can find reviews or testimonials from past clients. This gives you insight into their skills.
• Make sure you feel comfortable communicating with them and trusting them to defend you. A good rapport is key.
• Ask about fees upfront. Rates vary, and some lawyers offer payment plans.

Don’t go it alone here. A knowledgeable federal criminal defense lawyer can thoroughly review the evidence, identify weaknesses, negotiate with the prosecution, and build the strongest case for your acquittal or minimized sentencing. It’s well worth investing in quality legal representation.

The Bottom Line

Dealing with federal counterfeiting charges is daunting. The penalties are severe, and proving your innocence can be an uphill battle. However, an experienced federal criminal defense attorney can help safeguard your rights, fight the charges, and achieve the best possible outcome given the circumstances. With a combination of strong investigative work, negotiation skills, trial advocacy, and sentencing mitigation, there is hope for keeping you out of prison and moving forward with your life. Don’t hesitate to seek out a lawyer’s help in building your defense strategy.

Resources

• Overview of federal counterfeiting laws: Federal Laws Related to Counterfeiting and Forgery
• In-depth analysis of 18 USC 471: What is Counterfeiting Under 18 U.S.C. § 471?
• Sentencing guidelines for federal counterfeiting: Sentencing Guidelines for Counterfeiting Offenses
• Video explaining common counterfeiting defenses:
• Overview of hiring a federal criminal defense lawyer: How to Find the Best Federal Criminal Defense Attorney

I hope this gives you a helpful starting point for dealing with federal counterfeiting charges in New York. Don’t panic, get educated on your options, and take it step by step with the help of an experienced attorney. You can get through this!