CFT Law Flashcards
What are the two specifically enumerated crimes written in the US Constitution?
Treason
Counterfeiting
What 2 things are required to be convicted of a criminal offense?
- Proof of ALL elements
2. Beyond a Reasonable Doubt
What statute gives the USSS its authority to investigate crimes and make arrests?
18 USC 3056
What is “counterfeit”?
Resemblance to a genuine
“to forge copy or imitate, without authority or right, and with a view to deceive and defraud, by passing the copy or thing forged for that which is original and genuine.”
What are “Obligations of the US”?
treasury checks,
silver certificates
stamps (including cancelled)
food stamps
What is NOT considered an “Obligation of the US”?
Coins
What does “Similitude” refer to?
a likeness or resemblance to a genuine item, as calculated to deceive an honest/sensible man
What does “mutilate” mean?
to alter a genuine item so as to render it unfit for circulation
(ex. bleaching an FRN)
What is a “raised note”?
a genuine note of a low denomination with corners altered to make the note appear to be one of a higher denomination
- affix pieces of genuine notes (genuine to genuine)
- affix pieces of counterfeit notes (cft to genuine)
- alters corners with pen & ink
18 USC 470 - Counterfeit acts committed outside of the US
Whoever, Outside the US
Makes, deals, or possesses:
1. Any counterfeit obligation or security of the US, or
2. any counterfeiting apparatus
Which would violate 471, 473, 474 if committed within the US
(up to 20 year prison sentence)
18 USC 471 - Manufacturing CFT
Whoever,
With intent to defraud,
Makes, Forges, Counterfeits or Alters
Any Obligation of the US
What is “Extra-Territorial Jurisdiction”?
prosecute within the US for crimes committed outside of the US
18 USC 484 - Connecting parts of different notes
(ie. RAISED NOTES)
whoever makes a raised note with intent to defraud
This section ONLY applies to GENUINE TO GENUINE
all parts must be genuine in order for this to apply
What section would you prosecute under if you use pen and ink or pieces of a CFT note on to a genuine note to make a raised note?
18 USC 471
What should you do if you arrest a juvenile?
notify the parents, inform juvenile of their rights
18 USC 472 - Passing CFT
Passes, Utters, Publishes, Sells (or attempts)
Or with Intent to do any of the above:
- Brings into the US,
- Possesses, or
- Conceals
Any Falsely made, forged, Altered, or CFT’d
Obligation of the US
What does it mean to “utter”?
put it out to the public as if it were genuine
What does it mean to “pass”?
“we both know its counterfeit, and I pass it off to you”
18 USC 491 - Slugs or paper used as money
Using a slug or CFT in a vending machine
Tokens or paper used as $$$
Do both 18 USC 472 and 18 USC 491 require the intent to defraud?
YES - Both involve passing or uttering some object used to represent US money
18 USC 473 - Dealing CFT
violator knows it is cft and sells, trades, buys, or receives for a fraction of its face value
note - uttering is NOT part of 473
18 USC 474 - Plates & Negatives
Posses Makes Sells or Uses
Plates, Stones, (parts thereof)(including electronic) or photographs
In likeness or similitude
Any obligation or security of the US
18 USC 474(A) - Deterrents to Counterfeiting
Controls or Possesses
Distinctive paper or CFT deterrent feature or device for making same
Adapted to the making of obligations or US Securities
18 USC 475 - Advertisements
Designs, Engraves, Prints, Circulates, Makes or Uses
Any Business Card, Notice, Placard or Advertisement
In likeness or similitude of any obligation or US Security
OR
Whoever attaches any writing to any obligation or security or Coin
18 USC 504 - Reproductions
Printing or filming of Obligations and Securities is permitted if:
1) Color (b&w if 2-sided, color if 1 sided)
2) size < 3/4 genuine, or 1 1/2 times genuine
3) destruction of plates/negatives
ALL RESTRICTIONS MUST BE SATISFIED
What are the statutes for Foreign CFT?
18 USC 478 - Manufacturing
18 USC 479 - Uttering
18 USC 480 - Possessing
18 USC 481 - Plates or Stones
All of these require proof of intent to defraud
Asset Forfeiture Statutes pertinent to CFT Cases:
*****18 USC 492 - Forfeiture of Counterfeit and Counterfeit Paraphernalia
- All counterfeits or apparatus used to make counterfeit, coins or obligations or securities of the US or foreign gov’t, shall be forfeited to the US
2) whoever refuses to surrender the above items, shall be fined and imprisoned
Asset Forfeiture Statutes pertinent to CFT Cases:
49 USC 80302
Prohibited Use of Conveyance - Conveyance shall not be used to transport, carry, convey, conceal or facilitate crime involving contraband (CT, CFT paraphernalia)
Asset Forfeiture Statutes pertinent to CFT Cases:
49 USC 80303
Forfeiture - Any conveyance used in violation of 49 USC 80302, shall be forfeited to the US
What’s the difference between 49 USC 80302 and 49 USC 80303?
80302 - Prohibits
80303 - Forfeits
