The Legal Dictionary defines counterfeiting as a criminal act in which someone falsifies or fabricates writings, works of art, documents or other objects in order to deceive another person or organization. In most jurisdictions, the crime of counterfeiting is not prosecuted unless the forgery is made with intent to deceive or with the intent to commit attempted fraud or theft. For example, works of art can be copied or reproduced without committing a crime, unless someone has tried to sell or represent the copies as originals. In these cases, the copies would become illegal counterfeits. Cases of counterfeiting can be complicated and the possible penalties are severe. If you have been charged with forgery, you should contact a criminal defense lawyer. An experienced lawyer can review the facts of your case, help you understand the law, and advise you on your possible defenses. They can also represent you in court. Ken joined LegalMatch in January 2002.
Since his arrival, Ken has worked with a wide range of talented lawyers, paralegals and law students to make LegalMatch`s law library a comprehensive source of legal information accessible to all. Prior to joining LegalMatch, Ken practiced law for four years in San Francisco, California, where he handled a wide range of cases in areas as diverse as family law (divorce, custody and support, restraining orders, paternity), real estate (real estate, landlord/tenant litigation for residential and commercial properties), criminal law (felonies, felonies, minors, traffic violations), assault (car accidents, medical malpractice, slips and falls), entertainment (registration contracts, copyright and trademark registration, licensing agreements), labor law (wage claims, discrimination, sexual harassment), commercial law and contracts (breach of contract, contract design) and San Francisco bankruptcy (Chapter 7 Bankruptcies personal). Ken holds a J.D. Golden Gate University School of Law and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law at the California State Bar and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, the San Francisco Bar Association, and California Lawyers for the Arts. The similar crime of fraud is the crime of deceiving others, including through the use of items obtained through forgery. Counterfeiting is one of the fraud techniques, including identity theft.
Counterfeiting is one of the threats facing security technology. Except in respect of offences committed before the coming into force of the Criminal Justice (Theft and Fraud) Act 2001, and unless the context otherwise requires, references to counterfeiting shall, without prejudice to section 65(4)(a) of this Act, be interpreted in accordance with the provisions of this Act. [12] The intent to deceive must be present in any crime of falsification. For example, a person cannot be charged with counterfeiting if they do not know that the object in their possession is fake. However, pretending ignorance doesn`t always work. A common example is that your boss asks you to sign his name on a package because he is too busy to do it himself. Any violation of the common law of counterfeiting will be abolished. The removal of a common law infringement offence does not affect the procedure applicable to such an offence committed before its abolition. [11] Counterfeiting laws may vary from state to state. In all States, counterfeiting can be considered a crime. Possible sanctions include imprisonment, fines, probation and restitution, where the defendant compensates the victim for money or property lost due to the forgery. Counterfeiting consists of filling gaps in a document bearing an authentic signature or substantially modifying or deleting an existing instrument.
An underlying intent to defraud, based on knowledge of the falsity of the instrument, must accompany the action. Counterfeit instruments may include bills of exchange, bills of lading, promissory notes, cheques, bonds, receipts, money or merchandise money orders, mortgages, mortgage exemptions, deeds, public records, books of account and certain types of notes or passports for transportation or events. Laws define falsification as a crime. The penalty usually consists of a fine or imprisonment, or both. Counterfeiting methods include handwriting, printing, engraving and typewriter. The related crime of pronouncing a forged document occurs when a non-authentic script is deliberately presented as genuine. Some modern laws include this crime along with falsification. As discussed above, an accusation of falsification often amounts to an intention. If you are accused of forgery, your defense may focus on intent, as it can be difficult to prove it, and remember that it is up to the prosecutor to prove your intent beyond a doubt. An experienced criminal defense attorney can help you identify the supporting facts and build your case.
In the Republic of Ireland, counterfeiting is an offence under section 25(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001, which provides: Most defences against counterfeiting relate to the required element of intent to deceive or deceive. Proving that the defendant had no specific intent is a complete defense, as it means that the defendant did not have the required state of mind to commit the crime. Counterfeiting is an economic crime that generally refers to the improper fabrication or substantial modification of a legal instrument with the specific intention of deceiving someone (other than oneself). [1] [2] Manipulation of a particular legal instrument may be prohibited by law in some jurisdictions, but such an offence is not related to counterfeiting unless the manipulated legal instrument was actually used in connection with the offence to defraud another person or entity. Copies, studio replicas and reproductions are not considered counterfeits, although they may later become counterfeits by knowingly and wilfully misrepresentation. Counterfeiting is a crime in all jurisdictions in the United States, both federal and federal. [1] [2] Most states, including California, describe forgery as the fact that a person misleads a written document “with intent to deceive, knowing that he is not authorized to do so.” [13] The written document should normally be an instrument of legal importance. Penalties for counterfeiting vary considerably. In California, forgery of less than $950[14] can result in a misdemeanor charge and no jail time, while forgery with a loss of more than $500,000 can result in three years in prison for counterfeiting plus a five-year “behavioral enhancement” for the amount of the loss, resulting in eight years in prison. [15] In Connecticut, third-degree forgery, a Class B offense,[16] is punishable by up to 6 months in jail, a $1,000 fine, and probation; First-degree forgery, which is a Class C felony,[17] carries a maximum penalty of 10 years in prison, a fine of up to $10,000, or both. [18] Perhaps the most famous case of falsification of the twentieth century occurred in 1983 with the “discovery” of Hitler`s diaries.
The diaries reportedly contain passages written by German dictator Adolf Hitler between 1932 and 1945. Gerd Heidemann, a German journalist for Stern magazine, described the writings as authentic and sold them. He had received it from Konrad Kujau, a dealer of souvenirs and military documents in Stuttgart. Newsweek and Paris Match, as well as other media outlets, paid more than $5 million for the documents. Major news sources around the world quickly published important articles detailing the historical information that newspapers would have contained. Investigative experts from around the world then conducted forensic examinations of newspapers and determined that the documents were falsified. Kujau later admitted to falsifying the diaries, and the news sources immediately retracted their reports. Kujau and Heidemann were both sentenced to four and a half years in a German prison – but not before Kujau embarrassed the media even more by falsifying Hitler`s autographs for spectators at his circus trial. Counterfeiting is a crime in all 50 states. In any state, the crime depends on what has been falsified and its intent. The sentence is often in the hands of the judge.
The judges agree: we don`t see many infringement offences in the news, but counterfeiting is now more common than ever. All thanks to 20th century technology and the Internet. A counterfeit essentially concerns a manufactured or modified object. If a fake`s main concern is directed less at the object itself—what it is worth or what it “proves”—than at a tacit expression of criticism revealed by the reactions the object provokes in others, then the broader process is a hoax. In a hoax, a rumor or a real object placed in an invented situation can replace a fake physical object. If you are accused of forgery, it is important to contact a lawyer immediately. Legal experts can determine if your forgery was a crime and to what extent it is classified.