Las Vegas Federal Counterfeiting Defense Attorney
Counterfeiting is a serious federal crime that involves creating, altering, or distributing fake currency or government documents. Charged under 18 U.S.C. § 471, counterfeiting is prosecuted aggressively due to its potential to undermine the integrity of the U.S. financial system. The production or distribution of counterfeit currency, government bonds, postage stamps, or other government-issued instruments is illegal, and federal authorities, including the Secret Service, dedicate significant resources to investigate and prosecute these offenses.
At Hofland & Tomsheck, attorney Josh Tomsheck, a Nationally Board Certified Criminal Lawyer, has extensive experience defending individuals facing federal counterfeiting charges. If you are under investigation or have been charged with counterfeiting, it is essential to have a defense attorney who understands the complexities of federal law and can build a strong case on your behalf.
What Is Counterfeiting?
Counterfeiting, as defined under 18 U.S.C. § 471, involves the creation, alteration, or distribution of counterfeit government documents, including U.S. currency, with the intent to defraud. To convict someone of counterfeiting, federal prosecutors must prove the following elements:
Creation or Alteration: The defendant created, altered, or produced counterfeit currency, bonds, stamps, or other government documents.
Intent to Defraud: The defendant acted with the intent to defraud others by passing off the counterfeit items as genuine.
Knowledge: The defendant knew that the items they created or distributed were counterfeit.
Counterfeiting is not limited to currency. It also includes forging or altering government securities, documents, and instruments. Additionally, possessing counterfeit currency or materials used to create counterfeit currency, such as printing equipment or paper, can also lead to counterfeiting charges.
Case Law and Legal Precedents for Counterfeiting
Several key cases have shaped how counterfeiting is prosecuted in federal court. In United States v. Turner, 586 F.3d 898 (11th Cir. 2009), the court upheld the conviction of a defendant who was involved in distributing counterfeit currency. The court emphasized that even if the counterfeit currency was not successfully passed off as genuine, the mere possession and intent to distribute it were sufficient for a conviction.
In United States v. Harris, 915 F.2d 322 (7th Cir. 1990), the court addressed the issue of intent in counterfeiting cases, ruling that the prosecution must prove that the defendant intended to defraud by passing off the counterfeit currency as real. This case reinforced the importance of intent in counterfeiting prosecutions, meaning that an individual who unknowingly possesses counterfeit currency may not be criminally liable.
Another important case is United States v. Townsend, 555 F.2d 152 (7th Cir. 1977), where the court held that merely possessing the materials needed to produce counterfeit currency can be enough to support a conviction if there is evidence of intent to use them for counterfeiting.
Penalties for Counterfeiting
Counterfeiting is a felony offense that carries severe penalties, especially when the counterfeit items involve U.S. currency or government-issued documents. The penalties for counterfeiting under 18 U.S.C. § 471 include:
Fines: A conviction for counterfeiting can result in fines of up to $250,000 or more, depending on the scope of the offense and the number of counterfeit items produced or distributed.
Imprisonment: The statutory maximum penalty for counterfeiting is up to 20 years in federal prison. The length of the sentence depends on the type of counterfeiting, the quantity of counterfeit items, and the defendant's role in the scheme.
Forfeiture: Defendants convicted of counterfeiting may be required to forfeit any property or assets used in or obtained through the commission of the offense, such as printing equipment or the proceeds from distributing counterfeit currency.
Sentencing in counterfeiting cases is determined by the U.S. Sentencing Guidelines, which consider factors such as the quantity of counterfeit items, the sophistication of the counterfeiting operation, and the defendant's criminal history. In large-scale counterfeiting operations, sentences may be enhanced based on the harm caused to the financial system.
Federal Investigations and Counterfeiting Charges
Counterfeiting cases are typically investigated by federal agencies, including the Secret Service and the Federal Bureau of Investigation (FBI). These agencies have specialized units dedicated to tracking counterfeit currency and other fraudulent activities that impact the U.S. government. Counterfeiting investigations often involve surveillance, informants, and search warrants to gather evidence against individuals suspected of producing or distributing counterfeit items.
If you are under investigation for counterfeiting, it is crucial to seek legal representation immediately. Federal authorities often build their cases over months or even years, using evidence such as possession of counterfeit items, manufacturing equipment, or other materials that suggest an intent to defraud. Early legal intervention can help mitigate the impact of the investigation and protect your rights throughout the process.
Defenses Against Counterfeiting Charges
At Hofland & Tomsheck, we carefully examine every aspect of a counterfeiting case to identify weaknesses in the government's arguments and build a strong defense strategy. Common defenses against counterfeiting charges include:
Lack of Intent: One of the key elements of counterfeiting is intent. If the defendant did not knowingly or intentionally create or distribute counterfeit currency, the charges may not hold. This defense can apply in cases where the defendant unknowingly possessed counterfeit currency or was unaware that the items they distributed were fake.
No Knowledge of Counterfeiting: If the defendant had no knowledge that the items in their possession were counterfeit, this can serve as a defense. For example, someone who unknowingly receives counterfeit money as part of a transaction may not be criminally liable.
Challenging Evidence: Counterfeiting cases often rely on physical evidence, such as counterfeit currency, printing materials, or computer files. By challenging the validity of the evidence, raising doubts about the chain of custody, or questioning the reliability of witnesses, we can weaken the government's case.
Duress or Coercion: In some cases, individuals may have been coerced or forced into participating in a counterfeiting operation. If we can demonstrate that the defendant acted under duress, this can serve as a valid defense.
Sentencing Guidelines for Counterfeiting
Federal sentencing for counterfeiting is governed by the U.S. Sentencing Guidelines, which outline the advisory sentencing range based on several factors:
Quantity of counterfeit items: Larger quantities of counterfeit currency or documents generally result in harsher penalties.
Use of sophisticated means: Defendants who use advanced technology, such as high-end printing equipment or digital tools, to produce counterfeit items may face enhanced penalties.
Role in the offense: Individuals who play a leadership role in organizing or directing a counterfeiting operation may face more severe penalties than those with a minor role.
In addition to these factors, the U.S. Sentencing Guidelines consider aggravating circumstances, such as the harm caused to the financial system, the scope of the counterfeiting operation, and the defendant's criminal history. Federal judges generally follow the guidelines but have discretion to impose sentences above or below the advisory range based on the specifics of the case.
Why Choose Josh Tomsheck for Your Counterfeiting Defense
When facing federal counterfeiting charges, having an experienced defense attorney is essential to protect your rights and navigate the complexities of federal law. Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with a deep understanding of counterfeiting laws and a proven track record of defending clients against serious federal charges.
As a former prosecutor, Josh understands how the government builds its case and can anticipate the prosecution's strategies. His experience allows him to develop tailored defense strategies to challenge the government's evidence, discredit key witnesses, and negotiate favorable outcomes for his clients.
Schedule Your Free, Confidential Consultation Today
If you are facing counterfeiting charges or are under investigation by federal authorities, contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let us help you protect your rights and build a strong defense against federal counterfeiting charges.
