18 U.S. Code § 471 | Federal Forgery Law

18 U.S. Code § 471 - Federal Forgery Law

Title 18 U.S.C. § 471 is a federal statute that bans the false creation, forging, counterfeiting, or alteration of any U.S. obligation or security with fraudulent intent. This includes U.S. currency, Treasury bonds, and other government securities. Violations can lead to penalties of up to 20 years in prison and significant fines.

Federal law prohibits falsely making, forging, counterfeiting, or altering any security of the United States with the intent to defraud.

The law bans the false creation, forging, counterfeiting, or altering of U.S. government obligations or securities.

This includes creating a fake government security or altering an existing one with the intent to deceive a person, organization, or the government.

The law applies broadly, covering U.S. currency (bills and coins), Treasury notes, and other government securities. It also extends to counterfeiting activities conducted outside the U.S.

Related 18 U.S.C.472 prohibits passing, uttering, or selling forged U.S. obligations or securities with fraudulent intent.
18 U.S.C. 473 makes it illegal to buy, sell, or transfer counterfeit obligations or securities with the intention of passing them as genuine.

Key Takeaways

Forgery involves producing a counterfeit document, altering a genuine one, or signing a document without authorization. Common targets of forgery include contracts, checks, property deeds, identification cards, and even currency.
The crime under forgery involves creating, changing, using, or possessing a false document or material with the purpose of committing fraud.
The law also prescribes penalties for anyone who, with the intent to commit fraud, fraudulently makes, forges, counterfeits, or alters any U.S. security.
In cases involving forgery, the federal government typically does not intervene unless there is organized sophistication and significant monetary sums involved..

What is Outlined in Section 472?

18 U.S. Code § 472 - Uttering counterfeit obligations or securities says, "Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both."

Forgery involves creating, copying, or imitating documents or objects with the intent to deceive. Criminal charges for forgery can be filed if someone forges documents, signatures, or artwork with the intent to defraud or dishonestly obtain financial gain.

Forgery is illegal across all states and is primarily prosecuted under state laws. However, some forgery acts breach federal laws and can lead to federal prosecution.

Forgery is a non-violent white collar crime typically committed for financial gain. Although victims are not physically harmed during the offense, the repercussions of such crimes can still be significant.

When Forgery Becomes a Federal Crime

18 U.S.C. § 471 bans forgery of any "obligation or security" of the United States. Whether the act of forgery is prosecuted under federal or state law typically depends on the victims involved and the agency conducting the investigation.

If a federal government contract or similar documents are forged, the crime is likely to be investigated by federal authorities.

Usually, the defrauded agency conducts the investigation, but if the crime involves multiple agencies or is part of a complex network, the Federal Bureau of Investigation (FBI) may assume responsibility.

What are the Penalties for Forgery?

The law states that penalties for violations can involve up to 20 years in federal prison plus fines. Sentencing for Section 471 violations is determined by a federal district judge, who considers the United States Sentencing Guidelines and the factors outlined in Title 18, Section 3553(a) of the US Code.

These guidelines are legally advisory and serve as a starting point for federal sentencing. The judge assesses the defendant's offense behavior alongside their criminal history to establish a presumptive sentencing range.

According to 18 U.S.C. § 3553(a), the court considers various factors, including any relevant aggravating or mitigating circumstances related to the defendant, such as:

Criminal history and character
Impact of incarceration on their dependents
Any need to provide restitution, and
Prevent unjust sentencing differences among similarly charged defendants

What are the Related Federal Laws?

18 U.S. Code Chapter 25 Part I - Counterfeiting and Forgery has numerous related federal laws, including the following:

18 U.S.C. 470. Counterfeit acts committed outside the United States
18 U.S.C. 471. Obligations or securities of the United States
18 U.S.C. 472. Uttering counterfeit obligations or securities
18 U.S.C. 473. Dealing in counterfeit obligations or securities
18 U.S.C. 474. Plates, stones, or analog, digital, or electronic images for counterfeiting obligations or securities
18 U.S.C. 474A. Deterrents to counterfeiting of obligations and securities
18 U.S.C. 475. Imitating obligations or securities; advertisements
18 U.S.C. 476. Taking impressions of tools used for obligations or securities
18 U.S.C. 477. Possessing or selling impressions of tools used for obligations or securities
18 U.S.C. 478. Foreign obligations or securities
18 U.S.C. 479. Uttering counterfeit foreign obligations or securities
18 U.S.C. 480. Possessing counterfeit foreign obligations or securities
18 U.S.C. 481. Plates, stones, or analog, digital, or electronic images for counterfeiting foreign obligations or securities
18 U.S.C. 482. Foreign banknotes
18 U.S.C. 483. Uttering counterfeit foreign banknotes
18 U.S.C. 484. Connecting parts of different notes
18 U.S.C. 485. Coins or bars
18 U.S.C. 486. Uttering coins of gold, silver, or other metal
18 U.S.C. 487. Making or possessing counterfeit dies for coins
18 U.S.C. 488. Making or possessing counterfeit dies for foreign coins
18 U.S.C. 489. Making or possessing a likeness of coins
18 U.S.C. 490. Minor coins
18 U.S.C. 491. Tokens or paper used as money
18 U.S.C. 492. Forfeiture of counterfeit paraphernalia
18 U.S.C. 493. Bonds and obligations of certain lending agencies
18 U.S.C. 494. Contractors' bonds, bids, and public records
18 U.S.C. 495. Contracts, deeds, and powers of attorney
18 U.S.C. 496. Customs matters
18 U.S.C. 497. Letters patent
18 U.S.C. 498. Military or naval discharge certificates
18 U.S.C. 499. Military, naval, or official passes
18 U.S.C. 500. Money orders
18 U.S.C. 501. Postage stamps, postage meter stamps, and postal cards
18 U.S.C. 502. Postage and revenue stamps of foreign governments
18 U.S.C. 503. Postmarking stamps
18 U.S.C. 504. Printing and filming of United States and foreign obligations and securities
18 U.S.C. 505. Seals of courts; signatures of judges or court officers
18 U.S.C. 506. Seals of departments or agencies
18 U.S.C. 507. Ship's papers
18 U.S.C. 508. Transportation requests of the Government
18 U.S.C. 509. Possessing and making plates or stones for Government transportation requests
18 U.S.C. 510. Forging endorsements on Treasury checks or bonds or securities of the United States
18 U.S.C. 511. Altering or removing motor vehicle identification numbers
18 U.S.C. 512. Forfeiture of certain motor vehicles and motor vehicle parts
18 U.S.C. 513. Securities of the States and private entities
18 U.S.C. 514. Fictitious obligations

Defending Against Federal Forgery Charges

Similar to most other fraud offenses, violating 18 U.S.C. Section 471 requires intent to defraud. This means intentionally using misrepresentations to deceive someone and obtain something of value that the defendant knows they are not legally entitled to receive.

In legal terms, 'intent to defraud' refers to the deliberate act of deceiving another person or entity for personal gain or to cause a loss to another party. All laws against forgery require examining the defendant's state of mind at the time the act occurred.

To convict someone of forgery, federal prosecutors must show that the person intended to deceive another party. When defending against such charges, our federal criminal defense lawyers can argue that you lacked any intention to defraud the alleged victim.

Therefore, a person who did not intentionally commit forgery or lacked the mental capacity to comprehend their actions cannot be said to have had the necessary intent. Additional defenses include the accused being compelled to commit forgery through duress or coercion, or having done so in agreement with the alleged victim.

If you've been charged with violating a federal law related to forgery and fraud, it's important to recognize the complexity of your potential defense. Early awareness and understanding of the most effective strategies for white-collar crimes, such as forgery, are essential.

We may also have the option to negotiate a pre-indictment settlement with the federal prosecutor. For more information, contact our federal criminal defense law firm, Cron, Israels & Stark in Los Angeles, CA.

Federal Forgery