Preventing Conviction for Counterfeiting Postage Stamps or Labels

Preventing Conviction for Counterfeiting Postage Stamps or Labels

Getting caught with counterfeit postage stamps or labels can lead to federal criminal charges. But there are ways to avoid conviction if you find yourself in this situation. This article will explain the laws around counterfeit postage, potential defenses, and steps you can take to reduce your chances of being charged in the first place.

Laws Regarding Counterfeit Postage

Under federal law, it’s illegal to forge, print, or possess counterfeit postage stamps, postage meter stamps, or postal cards. The relevant statute is 18 U.S. Code § 501. Conviction carries up to 5 years in prison.

The law covers both finished counterfeit stamps and devices for making them. So you could face charges for possessing counterfeit dies and plates, not just the end product. The Postal Service recently clarified that they can seize and destroy mail items with fake postage under this law.

State laws may also prohibit counterfeiting stamps or labels. While penalties are usually less than federal law, you could still face fines or jail time under state statutes.

Avoiding Initial Detection

The best way to avoid conviction is to not get caught in the first place. Here are some tips:

• Don’t purchase stamps from unreliable sources. Fake stamps are often sold online.
• Inspect stamps closely before using. Look for poor print quality or other signs they may be counterfeit.
• Avoid reusing legitimate stamps. Postal inspectors watch for reused postage.
• Use proper postage for package weight and destination. Short pays often draw scrutiny.

Be aware that customs agents and postal inspectors are increasingly on the lookout for counterfeit postage, especially on international mail. Recent seizures have involved shipments from China with fake U.S. stamps, for example.

Challenging the Evidence

If you are charged, the first step is examining the prosecution’s evidence. Police must prove beyond reasonable doubt that:

1. You knowingly possessed or made counterfeit postage.
2. The postage was in fact counterfeit and intended to defraud.

You may be able to challenge on one or both points. For example, if stamps were purchased from a third party, you could argue you didn’t know they were fake. Or you could dispute the stamps are truly counterfeit based on expert testimony.

Using the Good Faith Defense

One possible defense is that you acted in good faith in possessing or using the postage. Essentially, you thought the stamps were real and had no intent to defraud. This is harder to prove if you purchased stamps from an unreliable source or re-used them.

But if you have evidence like a receipt from a reputable seller, you could convince a jury you genuinely believed the postage was legitimate. Just having a subjective belief may not be enough without concrete proof.

Seeking a Plea Deal

Given the difficulty of some defenses, many defendants seek a plea bargain instead. This involves pleading guilty in return for a lesser charge or reduced sentence. With no prior record, you may be able to get the charges dismissed entirely by agreeing to probation, community service, or restitution.

An experienced criminal defense lawyer can advise if a plea deal makes sense based on the specifics of your case. They may be able to negotiate favorable terms with the prosecution.

Getting Charges Dismissed

There are various procedural grounds on which charges could potentially get dismissed:

• Illegal search – if evidence was obtained improperly
• Miranda violations – if you weren’t read your rights
• Entrapment – if you were induced by police to commit the crime

However, these types of defenses are not easy to prove. You would need strong evidence of misconduct or other constitutional violations in the investigation.

Bottom Line

Avoiding counterfeit postage in the first place is ideal. But if charged, an experienced criminal defense lawyer can help examine the evidence and identify any potential defenses. In some cases, getting the charges dismissed or reduced through a plea bargain may be possible.

The penalties for counterfeiting stamps or labels are real. But there are ways to prevent conviction if you end up in this situation.