{"id":352029,"date":"2023-11-16T14:08:37","date_gmt":"2023-11-16T19:08:37","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/counterfeiting.html"},"modified":"2023-11-16T14:08:37","modified_gmt":"2023-11-16T19:08:37","slug":"counterfeiting","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/counterfeiting.html","title":{"rendered":"Counterfeiting"},"content":{"rendered":"\n
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Counterfeiting<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Counterfeiting involves illegally creating fake items and presenting them as genuine. These items are usually money or consumer products. Counterfeiting can violate both state and federal law. This crime is similar to fraud and forgery.<\/p>\n\n <\/div>\n\n

Counterfeiting is one of only three original federal crimes the framers mentioned in the Constitution. Mention counterfeiting, and people think of counterfeit money, often U.S. dollars. Indeed, the U.S. Secret Service<\/a> in 1865 was formed in part to investigate the rise in counterfeit currency of all kinds.<\/p>\r\n

But counterfeiting laws go much further than money issues. Criminal counterfeiting also involves the production of fake products that are presented in the place of genuine items. Counterfeit operations involving currency and other documents tied to the U.S. government are generally federal cases<\/a>. <\/p>\r\n

This article provides an overview of counterfeiting crimes and related issues. For more direct help for counterfeit criminal charges, get a defense attorney<\/a>. They can answer your specific questions and protect your interests.<\/p>\r\n

What Does the Law Say About Counterfeit Products?<\/h2>\r\n

Counterfeit products come in various forms. Many people have been exposed to items they suspect to be counterfeit in the marketplace. Think of the pop-up sidewalk merchants that appear to have the latest name-brand shoes, purses, jewelry, and other desired but expensive items. It may not always be easy to tell when you have a counterfeit product that infringes on the trademark rights<\/a> of the original item.<\/p>\r\n

Trademark Infringement<\/h3>\r\n

It’s against the law to produce and sell unlicensed brand products. To enforce a trademark, the owner brings a civil action, often in federal court.<\/p>\r\n

The plaintiff then must demonstrate all of the following three points:<\/p>\r\n