Counterfeiting

Federal Currency Counterfeiting

Counterfeiting U.S. currency is a federal crime under 18 U.S.C. § 471, punishable by up to 20 years in federal prison. Passing counterfeit currency (§ 472) carries the same penalty. Even possessing counterfeit currency with intent to defraud is a federal felony. Federal counterfeiting cases are investigated by the U.S. Secret Service.

Forgery Under Texas Law

Texas Penal Code § 32.21 criminalizes forgery, which includes making, altering, or passing a forged writing with intent to defraud. Forgery of a check, deed, will, or other document is a Class A misdemeanor to a 3rd degree felony depending on the type of document. Forgery of government documents or currency is a 2nd degree felony.

Trademark Counterfeiting

Counterfeiting trademarks, such as selling fake designer goods, can be charged under both state and federal law. Federal trademark counterfeiting (18 U.S.C. § 2320) carries up to 10 years in prison for a first offense and up to 20 years for repeat offenders.

Passing Counterfeit Bills

Many people are charged with passing counterfeit currency without knowing the bills were fake. The prosecution must prove you knew the currency was counterfeit. If you received the bills unknowingly and passed them in good faith, this is a complete defense to the charge.

Potential Penalties

• › Federal currency counterfeiting: Up to 20 years federal prison
• › Passing counterfeit currency: Up to 20 years federal prison
• › Texas forgery: Class A misdemeanor to 2nd degree felony
• › Federal trademark counterfeiting: Up to 10–20 years

Possible Defenses

• › Lack of knowledge that the currency or documents were counterfeit
• › Good faith receipt and passing of counterfeit bills
• › Insufficient evidence of intent to defraud
• › Entrapment
• › Unlawful search and seizure

Frequently Asked Questions