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Counterfeiting Laws and Penalties
Counterfeiting is the illegal forgery of currency, documents and products such as software, electronics, pharmaceuticals and clothing. This forgery is an infringement of a monopoly held either by a state of corporation. When counterfeiting involves goods, the case is a matter of patent infringement and trademark infringement. When counterfeiting involves money or government bonds, it is a federal matter.
While much counterfeiting is done for purely financial gain, there have been marked instances of counterfeiters attempting to devalue currency, cause inflation, and destabilize governments by flooding the market with counterfeited money. Additionally, when a company is a frequent victim of counterfeited money, they are not reimbursed by the government for those fake funds and pass that cost on to consumers by raising the price of their commodities. To combat counterfeiting of US currency, technology advanced by the federal government, most notably the Secret Service, is used anti-counterfeiting measures.
Counterfeiting Penalties
A charge of Counterfeiting is a serious federal offense that carries heavy penalties, largely dependent on the size and scale of the criminal operation. Given the interstate nature of trademark infringement due to counterfeit goods, even these offenses carry federal penalties, as well as currency counterfeiting.
Possible Penalties
1.Federal imprisonment penalties for currency counterfeiting carry a maximum sentence of death, due to the crime being deemed treasonous in nature, but life imprisonment is most likely to the maximum penalty to be applied
Fines relating to estimated damages from counterfeiting activities, which can prove astronomical in most cases
Counterfeiting Sentencing
When sentencing a defendant accused of counterfeiting, a judge may issue leniency if the defendant cooperates with the prosecution and provides information about an ongoing counterfeiting operation or provides information about fellow defendants. A federal judge may also be more lenient on first-time offenders. If one is facing a counterfeiting charge, it is very important to get proper legal representation to proceed with strongest defense case possible.
Should you hire an attorney for federal counterfeiting charges?
Counterfeiting occurs on many different scales and can be done for more reasons than simple financial gain. If you are facing counterfeiting charges, it is imperative that you seek the representation of an experienced lawyer who can protect your rights and guarantee you get a fair trial. In some instances, a business law attorney may be involved, as well as a criminal defense attorney, regarding counterfeiting cases involved Counterfeit documents, seals, and other official papers related to a business operation.
- If you need help with a Federal Criminal charge, Submit Your Case for a Free Review from a local Criminal Defense Lawyer.
Counterfeiting: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | 1000-2.000.000 $ | 1-10 years | 1-3 years | Not Available |
| Alaska | up to 500000 | 25 years mx | 15 years | CS |
| Arizona | up to $5,000 | 15 years imprisonment | Varies by Case | Not Available |
| Arkansas | $500 to $1000 | 1 to 10 Years | 6 months to 1 year | Not Available |
| California | 250000 | Upto to 10 years | Varies by Case | Not Available |
| Colorado | 1.000-250.000 $ | 3-5 years | 2-4 years | Not Available |
| Connecticut | Fines are determined by judge in each case and can exceed millions of dollars, depending on the size of the operation and what was being produced by the counterfeiter | Life in prison may be imposed as the max sentence for this federal crime (Class C felony) although the death penalty is an option because the crime is considered treasonous; leniency is often granted when the convicted individual assists authorities | No probation; mandatory incarceration in a federal prison | Not Available |
| Delaware | Fines are determined by the federal judge and are based on the the extent of the counterfeiting; fines of millions of dollars can be imposed | Maximum life in prison without parole; death penalty may be imposed as counterfeiting is considered an act of treason; | Varies by Case | leniency is often granted for assisting authorities in the arrest of others |
| Florida | fine of as much as $250,000 | punishable by maximum 12 years in prison | 1 year probation could exceed depending on how many times you have been charged with counterfeiting in Florida | nothing was listed for these topics |
| Georgia | 1000 | 1 year | 3 years | Not Available |
| Hawaii | None Listed | Varies Widely by Case | Varies by Case | forfeiture and destruction of all counterfeit marks and the forfeiture and destruction or other disposition of all items bearing a counterfeit mark, and all personal property, including any items, objects, tools, machines, equipment, instrumentalities, or vehicles of any kind, employed or used in connection with a violation of this section, in accordance with the procedures set forth in chapter 712A. |
| Idaho | $100 - $1000 | 3 months - 14 years | Varies by Case | Not Available |
| Illinois | Varies by Case | 12.7 months | Varies by Case | a 29.2 percent rate of incarceration for forgery or counterfeiting. |
| Indiana | Not more than $10,000 | 6 months - 3 years; advisory sentence of 1.5 years | Varies by Case | Class D felony |
| Iowa | $1,000 to $1,000,000, | 5 years | Varies by Case | Conviction may also result in the loss of state and federal benefits, such as school loans or grants |
| Kansas | 250000 | 5 years min | Varies by Case | Not Available |
| Kentucky | 250 | 25 yrs | 15 yrs | CA |
| Louisiana | 250000 | twenty years imprisonment min | 3 -10 years | Not Available |
| Maine | uo to $2,000.00 | up 364 days | up to 1 year | Not Available |
| Maryland | 50.000-250.000 | Varies Widely by Case | 15 | CS |
| Massachusetts | fine of 75% of total retail value of items attempting to counterfeit | 2.5 to 10 years | No mention of probation on Mass. state website of criminal punishments | All items with counterfeit mark will be siezed and given to law enforcement |
| Michigan | the greater of $50, 000 or 3 times the aggregate value of the counterfeit objects | Up to 5 years in prison | No mention of probation on the michigan.gov website | Item with counterfeit mark will be returned to owner for disposal. Also the penalty could be jail time, fine, or a combination of the two. |
| Minnesota | 100000 | not more than 20 years | Varies by Case | plus $35,000 if your cought using the money or handing it over state lines |
| Mississippi | $150,000 to $200,000 | up to 15 years | 3-7 years | Not Available |
| Missouri | 100,000 min | 25 years min | 10 years | work program to bay debt |
| Montana | 150,000-500,000 | 10-15 years max | not more then 5 years | Not Available |
| Nebraska | $0 - 10,000 | 0 - 5 years imprisonment | Eligible, but not specified | Not Available |
| Nevada | Not more than $10,000 | 1 to 5 years | Varies by Case | Mandatory restitution |
| New Hampshire | Up to $2500 | 1 - 5 Years | 1-5 Years | Not Available |
| New Jersey | Second-degree up to $150,000, Third-degree up to $15,000, Fourth-degree up to $10,000 | Second-degree 5-10 yrs, Third-degree 3-5 yrs, Fourth-degree up to 18 months. | Varies by Case | Each penalty consists of jail, fine, or both. No other penalties listed. |
| New Mexico | 250000 | five years in prison | 10 years | CS |
| New York | 100,000-500,000 | 15-30 years | 10 years | CS work program |
| North Carolina | $250,000 - $1.7 Million | Up to 20 years | No Information found | Repay defrauded money or lost income of defrauded business. |
| North Dakota | 2500 | 1-5 years | 3 years | community service |
| Ohio | 250,000-500,000 | 15-25 years | 10 to 20 years | CS |
| Oklahoma | Varies by Case | 7 to 20 years. | Varies by Case | Not Available |
| Oregon | 100,000-250,000 | 10-15 years | 5 years max | Not Available |
| Pennsylvania | up to $250,000 | up to 12 years | up to 5 years | Not Available |
| Rhode Island | not more than one thousand dollars ($1,000) | not more than ten (10) years | Varies by Case | Imprisonment for not more than ten (10) years, or by a fine of not more than one thousand dollars ($1,000), or both. |
| South Carolina | 50.00-250.000 | Varies Widely by Case | 10 | CA |
| South Dakota | 100.000-500.000 | 10-15 years | Varies by Case | community supervision for seven years |
| Tennessee | up to $10000.00 | at least one year | 2-3 years | Not Available |
| Texas | $500-$250000 | five years | Varies by Case | Not Available |
| Utah | 100,000-250,000 | 2-10 years max | 7-10 years | CS |
| Vermont | not more than 1000 | Varies Widely by Case | Varies by Case | Not Available |
| Virginia | 5000 | 1-2 years | 6 months to 1 year | Cooperation with local police/federal agencies on improving product sercurities. |
| Washington | up to $5000 | up to 5 years | judge decides if probation is needed | Not Available |
| West Virginia | 5000$-10000$ | 6months-3yrs | Varies by Case | any first offense for possession of less than 15 grams of marijuana shall be disposed |
| Wisconsin | up to $2500 | 1-5 years | up to 3 years | Judge may order restitution as a result. |
| Wyoming | $750.00-$10,000 | 6 months-10 years | Varies by Case | Not Available |
- If you need help with a Federal Criminal charge, Submit Your Case for a Free Review from a local Criminal Defense Lawyer.