Last Updated on: 17th October 2023, 10:57 pm

Defending Against Federal Counterfeiting Charges

Being charged with federal counterfeiting crimes can be scary. The penalties are harsh, and the feds have lots of resources to investigate and prosecute. But with an experienced defense attorney on your side, their are options to fight the charges and seek the best possible outcome.

If your facing accusations like trafficking in counterfeit goods or services, producing counterfeit currency, or possessing tools to make counterfeit products, don’t panic. Take a breath. Then call a lawyer. This article explains common defenses against federal counterfeiting charges, what to expect in court, and how a knowledgeable attorney can defend your rights under the law.

Common Federal Counterfeiting Crimes

There are a few main laws the feds use to charge counterfeiting crimes. Here’s an overview of the common offenses:

• Trafficking in counterfeit goods or services (18 U.S.C. 2320) – This includes knowingly importing, exporting, distributing, selling, or offering to sell counterfeit products like fake designer clothes, watches, purses, electronics, pharmaceuticals, etc. Penalties can include up to 10 years in prison.
• Possessing tools to make counterfeit goods (18 U.S.C. 2320(a)) – If the feds find you have equipment to make counterfeit products, like special printers or software, you could face up to 5 years in prison.
• Producing counterfeit U.S. currency (18 U.S.C. 471) – Making fake money can lead to 20 years in prison. Even just possessing counterfeit bills with intent to defraud is illegal.
• Passing counterfeit currency (18 U.S.C. 472) – If you knowingly try to spend fake money, you could get up to 20 years behind bars.

There are also laws against counterfeiting state currency, postage stamps, military medals, and other government items. And if the counterfeits deal with aircraft, medicine, or military goods, penalties can be even higher.

Proving the Government’s Case

For any counterfeiting charge, prosecutors must prove these basic elements beyond a reasonable doubt:

1. There was a counterfeit item produced, sold, passed, or possessed.
2. The defendant knew the item was counterfeit.
3. The defendant intended to use the item to defraud others.

The evidence will focus on the fake items themselves, records of sales or deals, witness statements, and proof the defendant knew the goods were counterfeit. For example, if the labels say “Guci” instead of Gucci, that helps show knowledge.

Common Defenses Against Counterfeiting Charges

By picking apart the prosecutor’s case, skilled criminal defense lawyers can often get charges reduced or dismissed. Here are some defenses that apply in many counterfeiting cases:

You Didn’t Know the Items Were Fake

If the evidence can’t prove beyond a reasonable doubt you knew the items were counterfeit, this is a solid defense. Maybe you were an unwitting seller who was tricked with phony goods. Or you received fake cash unknowingly. Your lawyer can argue you had no criminal intent.

You Didn’t Intend to Defraud Anyone

Prosecutors must show your intent was to mislead or cheat others with the counterfeits. But if you can raise doubts about that, it hurts their case. For example, if you were just transporting items as a courier without knowing they were fake.

Illegal Search and Seizure

If the police find counterfeits through an illegal search, your attorney can file a motion to suppress that evidence. Like if cops search your car or home without probable cause. Or seize your computer files without a valid warrant. If the judge agrees the search was illegal, that evidence gets tossed.

Entrapment

This defense claims law enforcement tricked or coerced you into committing the crime. Like if an undercover agent pressured you into selling counterfeits you were reluctant to deal. Your lawyer can argue you only broke the law because of police misconduct.

Violation of Right to Speedy Trial

The U.S. Constitution guarantees speedy trials for criminal defendants. If prosecutors delay too long filing charges, your attorney can claim your rights were violated. This can lead to charges being dismissed.

What to Expect in Court

Fighting federal charges means going to battle in federal court. It’s important to have an attorney experienced with the federal system. Here’s an overview of the process:

1. Arraignment – This first hearing is when formal charges are presented and you enter a plea of guilty, not guilty, or no contest.
2. Pretrial Motions – Your lawyer can file motions asking the judge to throw out evidence, dismiss charges, or suppress your statements.
3. Plea Bargaining – Many cases end with plea deals negotiated between your attorney and the prosecution. You plead guilty in return for reduced charges or lighter sentencing.
4. Trial – If no plea deal, your case heads to a trial by jury. The prosecutor presents evidence of your guilt, and your lawyer cross-examines their witnesses and raises defenses.
5. Sentencing – If found guilty, the judge determines your penalty based on federal guidelines. Your attorney argues for the lowest sentence possible.

With so much on the line, having an experienced federal defense lawyer in your corner can make all the difference.

How a Knowledgeable Lawyer Can Defend You

Beating federal charges requires skill, tenacity, and a thorough grasp of counterfeiting laws. A knowledgeable attorney will:

• Carefully examine the prosecution’s evidence and look for holes to exploit
• Raise strong defenses like you didn’t know items were fake or were entrapped
• Negotiate with prosecutors to get charges reduced or dismissed
• File motions to suppress evidence or statements obtained illegally
• Present persuasive arguments to judges for lower bail and lighter sentences
• Work relentlessly to build the strongest case possible on your behalf

Never try to navigate federal counterfeiting charges alone. Hire the best defense lawyer you can. Look for attorneys with experience specifically defending counterfeiting cases in federal court. Understand the immense resources federal prosecutors wield – you need someone who can stand toe-to-toe with them. An experienced federal defense attorney can analyze the government’s case, spot weaknesses, and build compelling defenses giving you the best chance of success.

The Bottom Line

Being accused of federal counterfeiting crimes is frightening. But strong defenses are possible with an experienced attorney on your side. By proving you didn’t know items were fake, were entrapped, or had your rights violated, charges can often be reduced or dismissed. Don’t take chances – call a knowledgeable federal defense lawyer right away for help fighting the government’s accusations and protecting your future.

References

Here are the references used in this article:

• 18 U.S. Code § 2320 – Trafficking in counterfeit goods or services
• 18 U.S. Code § 472 – Uttering counterfeit obligations or securities
• Counterfeiting | Wex | US Law | LII / Legal Information Institute
• Criminal Resource Manual 1115 Counterfeit Acts — Department of Justice
• Defenses to Counterfeiting Charges | Nolo