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FROM THE DEFENSE DESK / CRIMINAL DEFENSE
12 SEP 2025 · 4 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: COUNTERFEITING · § 471
DOCKET NO. 132 · THE DEFENSE DESK

How making fake money with an inkjet is a federal felony.

The Secret Service does not care that it was a printer from Staples. Section 471 prices counterfeiting at twenty years, passing fake bills at twenty, and “it was obviously fake” is a real defense with real limits. The modern counterfeiting case.

Todd A. Spodek
Todd A. Spodek
MANAGING PARTNER · 12 SEP 2025 · 4 MIN READ
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The statutes, from press to pocket.

18 U.S.C. § 471: making, forging, or counterfeiting U.S. obligations with intent to defraud - twenty years, and an inkjet satisfies the actus reus as completely as an engraving press. § 472: passing, possessing, or concealing counterfeit currency with intent to defraud - twenty years. § 474: even possessing digital images or plates adapted for counterfeiting carries its own count. The Secret Service - whose original 1865 mission was exactly this - works every case, and modern printers embed tracking dots that identify the specific machine. The romance of the master engraver is gone; the exposure is not.

The element that decides everything: intent to defraud.

Counterfeiting statutes require intent to defraud - which is why motion-picture prop money, board-game cash, and obviously-marked novelty bills are lawful commerce, and why the same prop bill spent at a gas station becomes a felony in the spending. The doctrine has a second filter: the fake must be “calculated to deceive” - bills so crude no reasonable person would accept them have defeated § 472 counts, and one-sided photocopies have been held insufficient. But juries apply the standard to dim bars and rushed cashiers, not laboratories - prop money with “FOR MOTION PICTURE USE” in small print has convicted people who spent it. The teenager printing twenties “as a joke” meets the elements the moment one leaves his wallet.

THE COUNTERFEIT LADDER · EXPOSURE
MAKING · § 47120 years - the inkjet counts; the printer’s dots identify it.
PASSING · § 47220 years - per passing; knowledge + intent are the fight.
THE IMAGES · § 474Digital files and plates - possession alone charges.
PROP MONEYLawful to make and hold - felonious the moment it is spent as real.
IF THIS IS YOUR SITUATION
Stop reading. Start defending.

The defense in practice.

Passing cases (the common ones) defend on knowledge: counterfeit bills circulate, and the person who received a fake twenty in change and spent it downstream lacks intent to defraud - the government must prove you knew, usually through quantity (one bill defends; forty do not), behavior (testing bills, targeting busy cashiers), and statements. Making cases defend on intent and deception-capability, and on the searches that found the equipment. Sentencing runs § 2B5.1 with face-value driving the range. Secret Service interviews happen fast and early - the standing rule stands: counsel before conversation, because “I didn’t know” is a defense only until you explain your way out of it.

Todd A. Spodek
THE AUTHOR
Todd A. Spodek
Managing partner. Second-generation federal defense lawyer - the Netflix defense, the Fox and CNN analyst chair, and two decades of federal courtrooms.
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