Attorney DeBruin represents clients from across lower Michigan.

Attorney DeBruin represents clients from across lower michigan.

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Counterfeiting isn’t just about fake currency

On Behalf of | Oct 25, 2024 | Criminal Defense

While many people associate counterfeiting strictly with the production of fake money, it actually involves a much broader range of alleged fraudulent activities that include altering or forging documents and items beyond just currency. In Michigan, as in other states, the laws governing counterfeiting cover many materials designed to deceive.

Counterfeiting in our state

In Michigan, counterfeiting includes not only fake currency, but also extends to any false, altered or forged documents created or used with the intent to deceive. This can range from fake IDs and counterfeit checks to altered legal documents.

Under our state’s Penal Code, these acts are treated as serious crimes. Laws specifically address the acts of “uttering and publishing,” which means presenting or using forged documents to deceive others. When someone knowingly uses a counterfeit item, whether it is a check, deed or other legal paperwork, as if it were genuine, they are engaging in a criminal act.

Federal counterfeiting protections

Federal law broadens counterfeiting protections to include items with counterfeit trademarks under the U.S. Trademark Counterfeiting Act. Federal statutes make it illegal to knowingly distribute, sell or use counterfeit goods or services bearing fake trademarks. The U.S. Secret Service, originally formed to combat currency counterfeiting, now also plays a key role in enforcing these broader anti-counterfeiting laws.

Counterfeiting versus forgery

Forgery and counterfeiting share some common ground: both involve creating fraudulent copies of documents or other materials to deceive. However, counterfeiting typically involves the creation of copies of items already in existence, like currency or legal documents, while forgery focuses more narrowly on fraudulent signatures and alterations of existing documents. In Michigan, counterfeiting and forgery often fall under similar laws because of this close relationship.

Profound consequences

Michigan law takes counterfeiting seriously, with penalties that can reach up to 14 years in prison for those convicted, depending on the crime’s severity. Federally, penalties can be similarly severe, involving significant fines and prison terms.

In short, counterfeiting is about more than just fake money. From fraudulent documents to trademarked items, counterfeiting covers a broad scope of activities designed to deceive, with serious legal consequences for those found guilty.

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