Counterfeit Currency Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

The Charges and Their Elements

Making counterfeit notes, 18 U.S.C. § 471 (Pattern Instr. O14, Elements): you made counterfeit Federal Reserve Notes, with intent to defraud.

Possessing counterfeit notes, § 472 (O15.1, Elements): you possessed counterfeit Federal Reserve Notes; you knew they were counterfeit; and you possessed them with intent to defraud.

Passing or uttering, § 472 (O15.2, Elements): you passed or tried to pass a counterfeit note; you knew it was counterfeit; and you acted with intent to defraud. To "pass" means to try to spend it or otherwise put it into circulation.

Dealing, § 473 (O16, Elements): you bought, sold, exchanged, transferred, received, or delivered counterfeit notes; you knew they were counterfeit; and you intended them to be passed or used as genuine. The jury must agree on which of those acts you committed.

Possessing notes made to look like genuine notes, § 474(a) (O17, Elements): you possessed fake notes made to look like genuine notes; you knew they were fake; and you possessed them intending to sell or otherwise use them. A note is "fake" under this instruction when it looks so much like a genuine note that it is calculated to deceive an honest, unsuspecting person using ordinary observation and care.

To act with "intent to defraud" means to act with the specific intent to deceive or cheat, usually for personal financial gain or to cause financial loss to someone else. Nobody has to have actually been fooled.

Penalties

• §§ 471, 472, 473: up to 20 years each.
• § 474(a): a class B felony, up to 25 years. Section 474 also covers counterfeiting plates and, with intent to defraud, making, scanning, transmitting, or possessing a digital or electronic image of U.S. currency.
• Fines up to $250,000, or twice the gross gain or loss.

Defense Themes

• Knowledge. Receiving a bill in change or in a sale is not knowing it was fake.
• Intent. Prop or novelty bills raise different questions, but § 474(a) requires only intent to sell or otherwise use notes that look genuine, so the details matter.
• How many bills, and where. One bill in a wallet tells a different story than a stack.
• Statements. What you said to the cashier, police, or Secret Service is often the main evidence of knowledge.
• The search. See Motions to Suppress.

Related: Forgery & Uttering (Florida), Counterfeit Goods (fake brand-name products), Federal Conspiracy.

What to Do First

1. Don't explain where the bill came from to police or agents without a lawyer.
2. Write down when and where you got it, and who gave it to you.
3. Keep receipts or records of the sale or transaction.
4. Non-citizens: see Immigration Consequences.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I got the fake bill in change. Can I be charged?

You can be accused, but the Government must prove you knew it was counterfeit and intended to defraud.

Is it state or federal?

Usually federal, investigated by the Secret Service, although state charges are possible.

Does it matter that nobody was fooled?

No. The Government does not have to prove anyone was actually defrauded, only that you intended to defraud.