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Counterfeiting

Statute
18 USC 471. Obligations or securities of United States

Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.

18 USC 472. Uttering counterfeit obligations or securities
Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.

18 USC 473. Dealing in counterfeit obligations or securities
Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined under this title or imprisoned not more than 20 years, or both.

18 USC 474. Plates, stones, or analog, digital, or electronic images
for counterfeiting obligations or securities
Whoever has in his control, custody, or possession any plate, stone, or other thing in any manner made after or in the similitude of any plate, stone, or other thing, from which any such obligation or other security has been printed, with intent to use such plate, stone, or other thing, or to suffer the same to be used in forging or counterfeiting any such obligation or other security, or any part thereof shall be guilty of an offense against the United States

Jury Instruction
Counterfeiting
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant made counterfeit Federal Reserve Notes, as charged; and
  2. That the Defendant did so willfully with intent to defraud.

To act with “intent to defraud” means to act with the specific intent to deceive or cheat, ordinarily for the purpose of causing some financial loss to another or bringing about some financial gain to one’s self. It is not necessary, however, to prove that the United States or anyone else was in fact defrauded so long as it is established that the Defendant acted “with intent to defraud.”

Counterfeit—Possession as in 18 USC 472
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant possessed counterfeit Federal Reserve Notes as charged;
  2. That the Defendant knew at the time that the notes were counterfeit; and
  3. That the Defendant possessed the notes willfully and with intent to defraud.

To act with “intent to defraud” means to act with the specific intent to deceive or cheat, ordinarily for the purpose of causing some financial loss to another or bringing about some financial gain to one’s self. It is not necessary, however, to prove that the United States or anyone else was in fact defrauded so long as it is established that the Defendant acted “with intent to defraud.”

Counterfeit—Uttering
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt :

  1. That the Defendant passed or uttered a counterfeit Federal Reserve Note as charged;
  2. That the Defendant knew at the time that the note was counterfeit; and
  3. That the Defendant passed or uttered the note willfully and with intent to defraud.

To “pass” or “utter” a counterfeit note includes any attempt to spend the note or otherwise place it in circulation.

To act with “intent to defraud” means to act with the specific intent to deceive or cheat, ordinarily for the purpose of causing some financial loss to another or bringing about some financial gain to one’s self. It is not necessary, however, to prove that the United States or anyone else was in fact defrauded so long as it is established that the Defendant acted “with intent to defraud.”

Counterfeit—Dealing
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant bought, sold, exchanged, transferred, received or delivered a counterfeit Federal Reserve Note as charged;
  2. That the Defendant knew at the time that the note was counterfeit; and
  3. That the Defendant acted willfully and with the intent that the note be passed or used as true and genuine.

To “pass” or “use” a counterfeit note as “true and genuine” includes any attempt to spend the note or otherwise place it in circulation.

The indictment alleges that the Defendant bought, sold, exchanged, transferred, received, and delivered a counterfeit Federal Reserve Note. The law specifies these several ways in which the offense can be committed, and it is not necessary for the Government to prove that all of such acts were in fact committed. The Government must prove beyond a reasonable doubt that the Defendant either bout, sold, exchanged, transferred, received or delivered counterfeit notes; but in order to return a verdict of guilt, you must agree unanimously upon the way in which the offense was committed.

Counterfeit—Possession as in 18 USC 474
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant possessed counterfeit Federal Reserve Notes made after the similitude of genuine notes, as charged;
  2. That the Defendant knew at the time that the notes were not genuine; and
  3. That the Defendant possessed the counterfeit notes willfully and with intent to sell or otherwise use them.

A Federal Reserve Note is “made after the similitude” of a genuine note, even though it does not purport to be an exact reproduction, so long as it bears such likeness or resemblance to a genuine note that it is calculated to deceive an honest, sensible, and unsuspecting person of ordinary observation and care dealing with a person supposed to be upright and honest.