Federal Counterfeiting Crimes

Federal Counterfeiting Crimes: How Josh Tomsheck of Hofland & Tomsheck Can Defend You Against Federal Counterfeiting Charges

Counterfeiting is a serious federal offense involving the creation, use, or distribution of fake or fraudulent items, typically with the intent to deceive or defraud. Federal counterfeiting charges can encompass a wide range of activities, from producing counterfeit currency to forging government documents or manufacturing fake goods, such as branded merchandise. These offenses are prosecuted aggressively by the federal government, and the penalties can include long prison sentences, hefty fines, and restitution to the victims.

If you or someone you know is facing federal counterfeiting charges, it’s essential to have an experienced attorney who understands the complexities of federal law and the specific statutes governing counterfeiting offenses. Josh Tomsheck, a nationally Board-Certified criminal defense attorney with Hofland & Tomsheck, has extensive experience defending clients against counterfeiting charges. His deep understanding of federal counterfeiting laws and aggressive defense strategies make him well-equipped to fight for the best possible outcome in your case.

Understanding Federal Counterfeiting Laws

Federal counterfeiting offenses are prosecuted under several key statutes, most notably 18 U.S.C. § 471-474, which govern counterfeiting and forgery. These laws cover a wide range of activities, including the creation, possession, or use of counterfeit currency, as well as the forgery of government documents and securities.

• Counterfeiting U.S. Currency (18 U.S.C. § 471): This statute makes it a federal crime to falsely make, forge, or counterfeit U.S. currency with the intent to defraud. The production of counterfeit money, regardless of the quantity, is a serious federal offense that can result in significant penalties.
• Possession of Counterfeit Currency (18 U.S.C. § 472): Possessing counterfeit currency with the intent to use it, pass it, or distribute it is also a crime under federal law. Even if the defendant did not manufacture the counterfeit currency, they can still be charged with possession if there is evidence of intent to defraud.
• Forging Government Documents and Securities (18 U.S.C. § 471, 474): In addition to counterfeiting currency, federal law criminalizes the forgery of government-issued documents, including bonds, checks, and other securities. Forging federal documents with the intent to defraud the government or others is punishable by imprisonment and fines.

• Trafficking in Counterfeit Goods (18 U.S.C. § 2320): Counterfeiting charges also apply to the manufacture, sale, or distribution of counterfeit goods, such as fake luxury items or knock-off branded merchandise. Trafficking in counterfeit goods is a serious offense, especially if the counterfeit items are sold across state lines or internationally.

Penalties for Federal Counterfeiting Convictions

Federal counterfeiting charges carry severe penalties, including long prison sentences, fines, and restitution to victims. The specific penalties depend on the nature of the counterfeiting activity, the amount of counterfeit goods or currency involved, and whether the defendant has a prior criminal history.

• Imprisonment: Counterfeiting U.S. currency under 18 U.S.C. § 471 can result in up to 20 years in federal prison. Possession of counterfeit currency or the forgery of government securities can carry similar penalties. Trafficking in counterfeit goods can also result in significant prison time, particularly if the counterfeit goods are sold in large quantities.
• Fines: Federal counterfeiting convictions can lead to substantial fines, often in the range of hundreds of thousands of dollars. In cases involving counterfeit goods, the fines may be based on the value of the authentic items that the counterfeit goods are imitating.
• Restitution: In addition to fines, defendants convicted of counterfeiting may be required to pay restitution to the victims. This could include compensating the government for any losses incurred due to counterfeit currency or compensating businesses for losses related to counterfeit goods.
• Asset Forfeiture: In some counterfeiting cases, the government may seize assets related to the crime, such as equipment used to produce counterfeit goods or currency, as well as any profits obtained through the sale of counterfeit items.

Common Defenses in Federal Counterfeiting Cases

When defending against federal counterfeiting charges, Josh Tomsheck uses a variety of strategies tailored to the facts of the case. Some common defenses include:

• Lack of Intent to Defraud: One of the key elements the prosecution must prove in counterfeiting cases is the defendant’s intent to defraud. If the defendant did not know that the items in their possession were counterfeit or if they lacked the intent to deceive others, this can be a strong defense.
• 2. Challenging the Evidence: Federal counterfeiting cases often rely on physical evidence, such as counterfeit goods or currency, as well as forensic evidence. Josh Tomsheck will thoroughly review the evidence to determine if it was lawfully obtained and whether it supports the charges. If the evidence was obtained through an illegal search, he may file a motion to suppress the evidence.
• 3. Entrapment: Entrapment occurs when law enforcement agents induce a person to commit a crime they otherwise would not have committed. If undercover agents played a role in setting up the counterfeiting operation, Josh Tomsheck may argue that the defendant was entrapped and should not be held criminally liable.
• 4. Lack of Knowledge: In some cases, individuals may unknowingly come into possession of counterfeit currency or goods. If the defendant did not know the items were counterfeit and had no intent to distribute or use them fraudulently, this could be a valid defense.
• 5. Duress or Coercion: In rare cases, the defendant may have been coerced or forced into participating in a counterfeiting scheme. Josh Tomsheck will investigate whether the defendant was under duress and, if so, present this as a defense.

How Josh Tomsheck Can Help You in Federal Counterfeiting Cases

Federal counterfeiting cases require an attorney with a deep understanding of both criminal law and the specific statutes governing counterfeiting offenses. Josh Tomsheck is a nationally Board-Certified criminal defense lawyer who has successfully defended clients against a wide range of federal counterfeiting charges. His experience and dedication make him the right choice to defend you.

Here’s why Josh Tomsheck is the best choice for your defense:

Expertise in Federal Counterfeiting Law: Tomsheck’s knowledge of 18 U.S.C. § 471-474 and other federal statutes allows him to develop strong defense strategies tailored to the unique facts of each case.

Proven Track Record in Federal Court: Josh Tomsheck has extensive experience defending clients in federal court, and he knows how to navigate the complexities of counterfeiting cases. Whether it’s seeking a dismissal, reduced charges, or a favorable plea deal, he works tirelessly to achieve the best results.

Personalized Defense Strategy: Every case is different, and Josh Tomsheck takes the time to understand the specific facts of each case. He develops a personalized defense strategy aimed at minimizing penalties and protecting your rights.

Aggressive Defense: Known for his tenacity and dedication to his clients, Josh Tomsheck will fight for you at every stage of the case, from pre-trial motions to trial and sentencing.

Contact Josh Tomsheck for a Consultation

If you or a loved one is facing federal counterfeiting charges, don’t wait to seek legal representation. Contact Josh Tomsheck at the Law Firm of Hofland & Tomsheck today for a consultation. With his experience, knowledge, and commitment, you can trust that your case is in capable hands.