Get Arrested for Counterfeit Money? (2024)

On behalf of Granger and Mueller PC posted in Criminal Law on Wednesday, July 15, 2020.

Making a purchase with counterfeit money is illegal if you intentionally tried to defraud the recipient; you need a criminal defense lawyer to prove that you did not know that the money was fake.

Whenever you use a big bill to make a purchase at a retail store, the cashier tests the bill to see whether it is counterfeit; they might do this by holding the bill up to the light or making a mark on it with a special kind of marker. In fact, the rationale for changing to the current design of bank notes, the one where Ben Franklin’s face takes up most of the middle third of the face of the bill, is because these are much harder to counterfeit. If it turns out that the bill you use to pay for your purchase is fake, the cashier might call the police. If you unknowingly used counterfeit money to make a purchase, you could get charged with forgery or possession of counterfeit currency, and you will need an Austin fraud and forgery lawyer to show that you did not act with criminal intent.

Laws About Counterfeit Money

According to federal law, crimes involving counterfeit currency are felonies; they carry a maximum sentence of 20 years in prison, as well as a fine. The maximum punishment is the same, regardless of the defendant’s relationship to the counterfeit money. In other words, the court could sentence you to 20 years in prison, whether you produced the counterfeit money, attempted to spend it, or simply were caught with the fake money in your possession.

What happens if you did not know that the money was fake? Is it not a gross injustice to send someone to prison for 20 years simply for buying something with cash that they thought was legitimate? It is unfair, but it sometimes happens. In 2017, Syed Ali of Houston faced criminal charges after he bought food at a Taco Bell with a fake $10 bill. Ali had gotten the bill from his father, who had received it as change after making a purchase at Home Depot. He was charged with forgery, which carries a sentence of two to 10 years.

Proving Lack of Criminal Intent

You can only be convicted of counterfeit money charges if the prosecution can prove criminal intent on your part; they must prove that you knew the money was fake and intended to make the recipient believe that it was real. Many defendants try to argue that they did not know that the money was counterfeit, but the defense does not always work. For example, if the bill so obviously looks fake that you cannot have reasonably believed that it was real, the defense will not work. The prosecution may argue that the cashier told the police that you were behaving suspiciously; “behaving suspiciously” is a subjective term. If a cashier tells you that a bill is fake, you should not ask for it back; that will count against you in court. If a bill in your wallet looks fake, you should not try to spend it. If you only find out that a bill is fake after you spend it, you should call a lawyer.

For TX Counterfeit Money Cases, Call Granger and Mueller Criminal Defense Layers

You have the presumption of innocence in all criminal cases, but demonstrating that you did not know that a counterfeit bill was fake requires the expertise of a lawyer. Contact Granger and Mueller in Austin, Texas or call (512) 474-9999.

Get Arrested for Counterfeit Money? (2024)

FAQs

Get Arrested for Counterfeit Money? ›

Producing or using counterfeit money is a form of fraud. Manufacturing counterfeit United States currency or altering genuine currency to increase its value is a violation of Title 18, Section 471 of the United States Code and is punishable by a fine of up to $5,000, or 15 years imprisonment, or both.

What happens if you get caught with counterfeit money? ›

Key Takeaways: Making or using fake money is a serious crime that can get you up to 20 years in jail. Both federal and state laws punish counterfeiting, and fines can be very high. You must know the money is fake to be guilty; if it's an accident, you might not be charged.

What is the sentence for counterfeit money? ›

If you are convicted of using, creating, or dealing in counterfeit currency, the penalties can be severe. The federal judge could sentence you to up to 20 years in a federal prison, along with a huge fine up to $250,000.

What happens if I get fake money? ›

Reporting Suspected Counterfeit Currency

If you are an individual, submit suspected counterfeit currency to your local police department. Police departments, banks, and cash processors will submit suspected counterfeit currency to the Secret Service.

What do police do with counterfeit money? ›

Police departments can also submit suspected counterfeit notes for processing using the SSF 1604. However, police departments requiring additional investigative or forensic assistance with suspected counterfeit notes should contact the local Secret Service office.

What to do with a fake $100 bill? ›

Write your initials and the date in the white border areas of the suspect note. Limit the handling of the note. Carefully place it in a protective covering, such as an envelope. Surrender the note or coin only to a properly identified police officer or a U.S. Secret Service special agent.

What if you accidentally use fake money? ›

Yes, you can actually be arrested for using counterfeit money, even if you didn't know it was fake. Both the federal government and local state governments impose penalties on an individual for using or attempting to use counterfeit money.

Is using fake money a federal crime? ›

Counterfeiting is a broad term used to refer to several acts, but people usually commit it when falsifying, forging, or altering a United States' security. Making, using, or possessing counterfeit United States currency with fraudulent intent is a federal crime.

Which currency is easiest to counterfeit? ›

The $20 bill is the most commonly counterfeited banknote in the U.S., while overseas counterfeiters are more likely to make fake $100 bills. The real $100 bills are more prevalent overseas as well, according to the Federal Reserve Bank of San Francisco.

What color does a $100 bill turn if it's fake? ›

In addition, a way to verify a legitimate bill is to double check the 100 in the corner of the bill. The color change of copper/green to black on the 100 in the lower right corner will help you verify an authentic $100 bill.

What to do if you find $20 on the ground? ›

If you find money, especially a significant amount, you should check your local laws or contact an attorney or the police. Many communities have local laws or ordinances governing what someone must do if they find cash and don't know who it belongs to. In some instances, state law will apply.

Will the bank replace fake money? ›

Will my bank replace fake money? Banks can, at their discretion, replace fake money received by their customers, but they are unlikely to do so. It makes little difference where the counterfeit came from — a store, an individual, or an ATM. In most cases, you'll end up writing off the loss.

How much jail time for counterfeit money? ›

What Are the Federal Penalties for Using, Making, or Possessing Counterfeit Money? Federal law makes counterfeiting U.S. currency a felony, punishable by up to 20 years in federal prison. This potential 20-year prison sentence applies to possessing, using, or making counterfeit currency with the intent to defraud.

What is the sentence for counterfeiting money? ›

Manufacturing counterfeit United States currency or altering genuine currency to increase its value is a violation of Title 18, Section 471 of the United States Code and is punishable by a fine of up to $5,000, or 15 years imprisonment, or both.

How to tell if a $20 bill is real? ›

The $20 note includes an embedded security thread that glows green when illuminated by UV light. When held to light, a portrait watermark of President Jackson is visible from both sides of the note. The note includes a color-shifting numeral 20 in the lower right corner of the note.

Are you supposed to give back counterfeit money? ›

You should not give the counterfeit cash back to the person, the Secret Service warns. The Federal Reserve also recommends taking note of the person who passed the suspected false money, including their license plate and vehicle description.

Can banks detect counterfeit money? ›

It's reassuring to know that all banks have a set of security measures in place to detect and confiscate fake money.

What happens if a cashier takes fake money? ›

Your local police department contacts the Secret Service regarding the transaction. If the person is still in the store when the transaction occurs, attempt to casually delay them with cash register issues or small talk while waiting for law enforcement to arrive.

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