Money is a fundamental aspect of people’s everyday life. However, when that money is fake or, “counterfeit”, there are serious legal risks for anyone attempting to use it. In Michigan, a person can get charged at the State or Federal level for, “Passing a counterfeit note as true”, more commonly known as “passing a counterfeit bill” or “Passing counterfeit money”. A counterfeit note is anything that is made to look like real money but is not.
According to a study conducted in 2022 by the United States Department of Treasury, there are between $70 and $200 million worth of counterfeit bills currently in circulation (enough money to fund at least 8750 Hawaiian vacations).
It is very easy to get caught for passing counterfeit money as the U.S. mint has placed about 10 easy methods in the making of the bill in order to quickly determine if a bill is a fake including everything from using special ink and paper to produce the bill to microscopic printing.
Provides information to many workers who deal with money on how to use these methods.
Under Michigan Law, MCL 750.253, any person who passes payment as true, when it is actually a false, altered, forged, or counterfeit note, knowing it to be false, with intent to injure or defraud is guilty of “Passing counterfeit bills as true”.
This means that in order to be convicted of “Passing counterfeit bills as true” the prosecution must prove:
- The bill was counterfeit
- The individual knew it was counterfeit
- There was an intent to pass the bill
- The bill was passed
A possession charge is quite similar, except the bill does not actually need to be passed, rather the individual, “had the bill under his control” or “had the right to control the bill”.
The general penalties for counterfeit-related crimes can be found in the chart below:
Type of Offense | Penalty | Michigan Law |
Possession of counterfeit bills | Felony, punishable by imprisonment in state prison for not more than 5 years, or by a fine of not more than 2,500 dollars. | |
Passing counterfeit bills as true | Felony, punishable by imprisonment of not more than 5 years, or by a fine of not more than 2,500 dollars. | |
Possession of 10 or more counterfeit bills with intent to pass as true | Felony, punishable by imprisonment in state prison for not more than 7 years. | |
Forging counterfeit bills | Felony, punishable by imprisonment in state prison for not more than 7 years. | |
Using tools that are used to forge counterfeit bills | Felony, punishable by imprisonment in state prison for not more than 10 years, or by a fine of not more than 5,000 dollars. |
However, if the counterfeit crime is serious enough, the Federal government will charge the individual. The penalties for a federal counterfeit charge can be found below:
Type of Offense | Penalty | United States Law |
Possession with intent to pass OR production of counterfeit money | Felony, punishable by imprisonment in the federal prison not more than 20 years, or by fine of not more than 250,000 dollars. |
It is important to note that an individual cannot usually be charged with both State and Federal counterfeit crimes due to “Double Jeopardy” laws found in the 5th amendment of the US constitution.
Like most state crimes, counterfeiting is investigated by the local police department. However, on the Federal level, counterfeiting is investigated by the United States Secret Service which has a lot more resources to investigate than your typical local police department.
If you or someone you know is dealing with a charge related to passing a counterfeit bill, it is imperative that you seek legal representation from a lawyer familiar with this area of law. An experienced attorney can help you prepare your case and defenses, which may include a lack of knowledge. Our skilled attorneys at La Grasso, Abdo & Silveri can help you prepare a defense and represent you in court. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
If you would like to set up a consultation to discuss your case further, feel free to contact us or call (586) 413-7777 at your earliest convenience.