Counterfeiting Defense Attorney in Fort Worth

Federal Counterfeiting Laws Address Different Types of Conduct

Federal currency and trademark cases aren’t governed by a single statute. The potential charge depends on the item, alleged conduct, the person’s role, and the required mental state. Related conduct may also result in Texas charges, so an accurate review must begin with the investigation and charging documents.

Counterfeiting allegations may involve:

• Making or altering currency: 18 U.S.C. § 471 addresses falsely making, forging, counterfeiting, or altering obligations or securities of the United States with intent to defraud.
• Passing or possessing counterfeit obligations: 18 U.S.C. § 472 applies to specified conduct involving counterfeit United States obligations when the required knowledge and intent are present.
• Possessing counterfeiting equipment or images: 18 U.S.C. § 474 covers certain plates, stones, analog images, digital images, electronic images, and related items used for counterfeiting.
• Trafficking in counterfeit-mark goods: 18 U.S.C. § 2320 separately addresses goods or services involving counterfeit marks. Its elements and penalties differ from those governing currency offenses.

How Knowledge, Intent, & Evidence Shape the Defense

Intent to defraud generally means a purpose to deceive someone for unlawful gain or to cause a loss. Whether prosecutors must prove that intent, knowledge that an item was counterfeit, or another mental state depends on the charged offense. Contact with an item alone doesn’t establish what a person knew or intended.

We investigate the government’s theory and prepare each case as though it may proceed to trial. Our review may address the legality of searches and seizures, forensic testing, printing or imaging equipment, digital files, communications, financial records, witness accounts, and evidence linking each person to the alleged conduct.

Depending on the facts and governing law, the defense may involve lack of knowledge or intent, mistaken identity, insufficient proof, an unlawful search, or entrapment. We don’t assume that any theory applies before examining the evidence. Instead, we provide an objective assessment and evaluate litigation or negotiation based on the client’s circumstances and goals.

What to Do During a Counterfeiting Investigation

Don’t answer substantive questions, consent to a search, or try to explain the situation before obtaining individualized legal advice. Ask to speak with counsel before agreeing to an interview. We can communicate with investigators and seek to determine whether they consider you a witness, subject, or target.

Protect your position while complying with your legal obligations:

• Preserve devices, documents, messages, transaction records, and financial information without deleting, altering, or concealing anything.
• Avoid discussing case facts with potential witnesses or posting about the investigation online.
• Keep copies of subpoenas, warrants, notices, release conditions, and charging papers for counsel to review.
• Follow court orders, release terms, and subpoena requirements while seeking advice about a lawful response.