counterfeiting

counterfeiting,

manufacturing spurious coins, paper money, or evidences of governmental obligation (e.g., bonds) in the semblance of the true. There must be sufficient resemblance to the genuine article to deceive a person using ordinary caution. The offense may be regarded as a special variety of forgeryforgery,
in criminal law, willful fabrication or alteration of a written document with the intent to injure the interests of another in a fraudulent manner. The crime may be committed even though the fraudulent scheme fails. The forgery of government obligations—e.g.
..... Click the link for more information. .

The crime affects property but was historically considered to be an interference with the administration of government. Hence, under an early English statute (1350), counterfeiting the king's seal or his gold and silver coinage was a grave crime against the state amounting to high treasontreason,
legal term for various acts of disloyalty. The English law, first clearly stated in the Statute of Treasons (1350), originally distinguished high treason from petit (or petty) treason. Petit treason was the murder of one's lawful superior, e.g.
..... Click the link for more information. and was punishable by death. The statute left unchanged the common-law misdemeanors of counterfeiting copper coinage and passing counterfeit foreign currency. Other early statutes were directed against debasing the coinage by clipping or filing off the edges to sell the metal. By the 19th cent. counterfeiting was considered a felony rather than a form of treason.

The U.S. Constitution authorizes Congress to "provide for the punishment of counterfeiting the Securities and current Coin of the United States." Under that power, statutes have been enacted making criminal the counterfeiting of the currency and bonds of the United States, of the evidences of indebtedness (e.g., checks) of the Federal Reserve System, of postage stamps, and of foreign money used for exchange. Under its powers to define and punish offenses of international law and its powers to control interstate and foreign commerce, Congress has passed legislation against the counterfeiting of foreign money and securities within the United States. Nearly every state now has statutes against counterfeiting. Since its establishment in 1865 the U.S. Secret Service has been the primary agency in the combating of counterfeiters in the United States.

To commit the crime of counterfeiting one does not necessarily have to make a whole coin or bill. It may be accomplished by plating coins, by raising the amount of a bill, or by any other alteration calculated to deceive the recipients. To retain counterfeit money or government obligations knowingly is also a criminal offense, regardless of how possession was acquired. The knowing utterance (passing) of counterfeit currency or securities is also criminal.

For the further protection of the currency and of postage stamps, statutes forbid making certain types of photographs (e.g., in color) where there would be danger of deception. In the 1990s, counterfeiters began to create high-quality color prints of paper currency using computer scanning and imaging. The U.S. government and those of other nations responded by redesigning denominations of bills. U.S. bills issued since 1996 include microscopic printing, watermarks, and other security features.

Bibliography

See S. Mihm, A Nation of Counterfeiters (2012).

Counterfeiting

the illegal copying of coins, currency, or state securities for the purpose of circulation; also, the sale of such objects as a form of business. The legal codes of all countries treat counterfeiting as a crime.

According to Soviet criminal law, counterfeiting is defined as the making (for the purpose of passing) or the passing of counterfeit state treasury notes, notes of the State Bank of the USSR (paper bills with face values of 1, 3, 5,10, 25, 50, and 100 rubles), coins, state securities, or foreign currency. Counterfeiting also includes the alteration of legitimate currency or securities by changing the face value or the serial number. Counterfeiting is punishable by deprivation of freedom for a term from three to 15 years with confiscation of property and with or without additional exile for a term from two to five years. If the crime is committed as a form of business, it is punishable by deprivation of freedom for a term from ten to 15 years with confiscation of property and with or without additional exile for a term from two to five years, or by death with confiscation of property (art. 87 of the Criminal Code of the RSFSR).

The battle against counterfeiting is also being waged on an international level. Thus, in 1929 the International Convention for the Suppression of Counterfeit Currency was ratified. In accordance with the convention, individuals who produce counterfeit currency, undermine the value of legitimate currency, sell counterfeit money, or manufacture equipment for the printing of counterfeit money are liable to criminal prosecution.

counterfeiting

Counterfeiting

The process of fraudulently manufacturing, altering, or distributing a product that is of lesser value than the genuine product.

Counterfeiting is a criminal offense when it involves an intent to defraud in passing off the counterfeit item. The law contains exemptions for collector's items and items that are so obviously dissimilar from the original that a reasonable person would not consider them real. However, making a poor copy is no defense if the intent to defraud exists.

Counterfeiting most commonly applies to currency and coins. It is illegal to manufacture, possess, or sell equipment or materials for use in producing counterfeit coins and currency. Federal law also prohibits producing counterfeit postmarks, postage stamps, military papers, or government Securities. Counterfeiting also applies to the fraudulent manufacture and sale of other items, such as computer software, CDs, consumer products, airplane parts, and even designer dresses. An increase in this type of counterfeiting has led to a strengthening of intellectual property laws worldwide. Counterfeiting or conspiracy to distribute counterfeit goods can lead to state or federal criminal charges. Civil lawsuits also can result from allegations of counterfeiting.

Coins and Currency

Counterfeit coins appeared within a century of the first legitimate coins, which appeared in about the seventh century b.c. The severity of the punishment for counterfeiting (death, in many cultures) and the difficulty of creating counterfeit coins that did not include some metal of value (and therefore cost a significant amount to produce) kept the practice in check. However, counterfeiting flourished after the development of paper money in about a.d. 1650, especially in American colonies where counterfeit bills and even coins were sometimes more common than genuine ones. Counterfeiters had honed their skills so much that when the United States issued its first federal coins in the 1780s, the government hired an ex-counterfeiter to cut the dies. Counterfeiting boomed again during the Civil War, when the United States issued its first paper money.

For many decades, the skills and equipment that are needed to create counterfeit money confined the practice to a few professionals, and the Secret Service, the branch of the Treasury Department that is charged with enforcing counterfeiting laws, discovered most counterfeiters before the money leaked into circulation. But in the late twentieth century, with the availability of new technologies, such as color copying and electronic reprographics, more counterfeit schemes emerged. The Department of the Treasury estimated that $25 million worth of counterfeit bills were passed off in fiscal year 1994. Further damaging U.S. currency was a flood of fraudulent $100 bills on the world market. The Secret Service believes that from the early to mid 1990s, as much as $10 billion worth of nearly perfect counterfeit $100 bills were circulating internationally. It believes that the bills were printed on a press that is similar to those used by the U.S. Treasury and that had been sold to Iran in the 1970s. In 2002, authorities seized $130 million in fraudulent U.S. notes worldwide before they were circulated, and detected $44.3 million in spurious U.S. currency after it had passed into unwitting hands. But according to the Secret Service, the amount of fake money circulating has been fairly constant over recent decades, and only one or two notes in every 10,000 are counterfeit.

The increase in counterfeiting prompted Congress to pass the Counterfeit Deterrence Act of 1992 (18 U.S.C.A. § 471 note) to increase penalties. Prior to the enactment of new law, it was not a criminal act to manufacture counterfeit U.S. currency abroad. The law also instructed the Department of the Treasury to redesign paper money in order to make it more difficult to reproduce. In 1996, the first new currency was released. The bills' portraits were increased in size and moved to the left, to make room for watermark miniatures of them. Treasury officials believe that the watermark and the use of color-shifting inks make the currency nearly impossible to reproduce with current technologies.

Other Items

Counterfeiting also applies to reproductions of packaging when the intent is to defraud or to violate protections under trademark, Copyright, or patent laws. It is estimated that U.S. companies lose $8.1 billion annually in overseas business owing to violations of Intellectual Property laws. Increasing the enforcement of trademark and copyright law to discourage counterfeiting has been a focus of U.S. trade negotiations, both with individual countries and during the Uruguay Round of the international General Agreement on Tariffs and Trade, Pub. L. No. 103-465, 108 Stat. 4809 (1994).

Disputes over counterfeit CDs and computer software have been at the center of U.S. trade conflicts with China for several years. Software manufacturers claim that 98 percent of the software used in China, including that used by the government, was illegally copied. Other goods that are distributed under false trademarks include cereal, razor blades, and soap. Under pressure from the United States, China strengthened its copyright and trademark laws in 1993. Lax enforcement resulted in a new trade agreement in 1995, which was designed to give U.S. manufacturers greater access to Chinese markets. Nevertheless, counterfeiting in China remains rampant.

Although most counterfeiting allegations are brought through the criminal courts, counterfeiting that violates patent, trademark, or copyright laws has resulted in civil lawsuits. For example, in 1994, a Paris court found that designer Ralph Lauren had copied a tuxedo dress pattern from Yves Saint Laurent's collection and ordered Lauren to pay his competitor $386,000 in damages.

Punishment

Under federal law, counterfeiting is a class C felony, punishable by up to 12 years in prison and/or a fine of as much as $250,000. State laws also establish penalties for counterfeiting.

counterfeiting

the crime of illegally copying currency, whether coin or note, intending to pass it or tender it as genuine.

单词	counterfeiting
释义	counterfeiting coun·ter·feit C0686600 (koun′tər-fĭt′)v. coun·ter·feit·ed, coun·ter·feit·ing, coun·ter·feits v.tr.1. To make an imitation or copy of (something), usually with the intent to defraud: counterfeits money.2. To make a pretense of; feign: counterfeited interest in the story.v.intr.1. To carry on a deception; dissemble.2. To make fraudulent copies of something valuable.adj.1. Made in imitation of what is genuine with the intent to defraud: a counterfeit dollar bill.2. Simulated; feigned: "'You don't understand,' Morrison said with counterfeit patience" (Stephen King).n. A fraudulent imitation or facsimile. [Middle English countrefeten, from contrefet, made in imitation, from Old French contrefait, past participle of contrefaire, to counterfeit : contre-, counter- + faire, to make (from Latin facere; see dhē- in Indo-European roots).] coun′ter·feit′er n. counterfeiting (ˈkaʊntəˌfɪtɪŋ) nthe making of fraudulent copies; forgery Translations παραχάραξηcontrefaçoncontrefactionfalsificante counterfeiting counterfeiting, manufacturing spurious coins, paper money, or evidences of governmental obligation (e.g., bonds) in the semblance of the true. There must be sufficient resemblance to the genuine article to deceive a person using ordinary caution. The offense may be regarded as a special variety of forgeryforgery, in criminal law, willful fabrication or alteration of a written document with the intent to injure the interests of another in a fraudulent manner. The crime may be committed even though the fraudulent scheme fails. The forgery of government obligations—e.g. ..... Click the link for more information. . The crime affects property but was historically considered to be an interference with the administration of government. Hence, under an early English statute (1350), counterfeiting the king's seal or his gold and silver coinage was a grave crime against the state amounting to high treasontreason, legal term for various acts of disloyalty. The English law, first clearly stated in the Statute of Treasons (1350), originally distinguished high treason from petit (or petty) treason. Petit treason was the murder of one's lawful superior, e.g. ..... Click the link for more information. and was punishable by death. The statute left unchanged the common-law misdemeanors of counterfeiting copper coinage and passing counterfeit foreign currency. Other early statutes were directed against debasing the coinage by clipping or filing off the edges to sell the metal. By the 19th cent. counterfeiting was considered a felony rather than a form of treason. The U.S. Constitution authorizes Congress to "provide for the punishment of counterfeiting the Securities and current Coin of the United States." Under that power, statutes have been enacted making criminal the counterfeiting of the currency and bonds of the United States, of the evidences of indebtedness (e.g., checks) of the Federal Reserve System, of postage stamps, and of foreign money used for exchange. Under its powers to define and punish offenses of international law and its powers to control interstate and foreign commerce, Congress has passed legislation against the counterfeiting of foreign money and securities within the United States. Nearly every state now has statutes against counterfeiting. Since its establishment in 1865 the U.S. Secret Service has been the primary agency in the combating of counterfeiters in the United States. To commit the crime of counterfeiting one does not necessarily have to make a whole coin or bill. It may be accomplished by plating coins, by raising the amount of a bill, or by any other alteration calculated to deceive the recipients. To retain counterfeit money or government obligations knowingly is also a criminal offense, regardless of how possession was acquired. The knowing utterance (passing) of counterfeit currency or securities is also criminal. For the further protection of the currency and of postage stamps, statutes forbid making certain types of photographs (e.g., in color) where there would be danger of deception. In the 1990s, counterfeiters began to create high-quality color prints of paper currency using computer scanning and imaging. The U.S. government and those of other nations responded by redesigning denominations of bills. U.S. bills issued since 1996 include microscopic printing, watermarks, and other security features. Bibliography See S. Mihm, A Nation of Counterfeiters (2012). Counterfeiting the illegal copying of coins, currency, or state securities for the purpose of circulation; also, the sale of such objects as a form of business. The legal codes of all countries treat counterfeiting as a crime. According to Soviet criminal law, counterfeiting is defined as the making (for the purpose of passing) or the passing of counterfeit state treasury notes, notes of the State Bank of the USSR (paper bills with face values of 1, 3, 5,10, 25, 50, and 100 rubles), coins, state securities, or foreign currency. Counterfeiting also includes the alteration of legitimate currency or securities by changing the face value or the serial number. Counterfeiting is punishable by deprivation of freedom for a term from three to 15 years with confiscation of property and with or without additional exile for a term from two to five years. If the crime is committed as a form of business, it is punishable by deprivation of freedom for a term from ten to 15 years with confiscation of property and with or without additional exile for a term from two to five years, or by death with confiscation of property (art. 87 of the Criminal Code of the RSFSR). The battle against counterfeiting is also being waged on an international level. Thus, in 1929 the International Convention for the Suppression of Counterfeit Currency was ratified. In accordance with the convention, individuals who produce counterfeit currency, undermine the value of legitimate currency, sell counterfeit money, or manufacture equipment for the printing of counterfeit money are liable to criminal prosecution. counterfeiting Counterfeiting The process of fraudulently manufacturing, altering, or distributing a product that is of lesser value than the genuine product. Counterfeiting is a criminal offense when it involves an intent to defraud in passing off the counterfeit item. The law contains exemptions for collector's items and items that are so obviously dissimilar from the original that a reasonable person would not consider them real. However, making a poor copy is no defense if the intent to defraud exists. Counterfeiting most commonly applies to currency and coins. It is illegal to manufacture, possess, or sell equipment or materials for use in producing counterfeit coins and currency. Federal law also prohibits producing counterfeit postmarks, postage stamps, military papers, or government Securities. Counterfeiting also applies to the fraudulent manufacture and sale of other items, such as computer software, CDs, consumer products, airplane parts, and even designer dresses. An increase in this type of counterfeiting has led to a strengthening of intellectual property laws worldwide. Counterfeiting or conspiracy to distribute counterfeit goods can lead to state or federal criminal charges. Civil lawsuits also can result from allegations of counterfeiting. Coins and Currency Counterfeit coins appeared within a century of the first legitimate coins, which appeared in about the seventh century b.c. The severity of the punishment for counterfeiting (death, in many cultures) and the difficulty of creating counterfeit coins that did not include some metal of value (and therefore cost a significant amount to produce) kept the practice in check. However, counterfeiting flourished after the development of paper money in about a.d. 1650, especially in American colonies where counterfeit bills and even coins were sometimes more common than genuine ones. Counterfeiters had honed their skills so much that when the United States issued its first federal coins in the 1780s, the government hired an ex-counterfeiter to cut the dies. Counterfeiting boomed again during the Civil War, when the United States issued its first paper money. For many decades, the skills and equipment that are needed to create counterfeit money confined the practice to a few professionals, and the Secret Service, the branch of the Treasury Department that is charged with enforcing counterfeiting laws, discovered most counterfeiters before the money leaked into circulation. But in the late twentieth century, with the availability of new technologies, such as color copying and electronic reprographics, more counterfeit schemes emerged. The Department of the Treasury estimated that $25 million worth of counterfeit bills were passed off in fiscal year 1994. Further damaging U.S. currency was a flood of fraudulent $100 bills on the world market. The Secret Service believes that from the early to mid 1990s, as much as $10 billion worth of nearly perfect counterfeit $100 bills were circulating internationally. It believes that the bills were printed on a press that is similar to those used by the U.S. Treasury and that had been sold to Iran in the 1970s. In 2002, authorities seized $130 million in fraudulent U.S. notes worldwide before they were circulated, and detected $44.3 million in spurious U.S. currency after it had passed into unwitting hands. But according to the Secret Service, the amount of fake money circulating has been fairly constant over recent decades, and only one or two notes in every 10,000 are counterfeit. The increase in counterfeiting prompted Congress to pass the Counterfeit Deterrence Act of 1992 (18 U.S.C.A. § 471 note) to increase penalties. Prior to the enactment of new law, it was not a criminal act to manufacture counterfeit U.S. currency abroad. The law also instructed the Department of the Treasury to redesign paper money in order to make it more difficult to reproduce. In 1996, the first new currency was released. The bills' portraits were increased in size and moved to the left, to make room for watermark miniatures of them. Treasury officials believe that the watermark and the use of color-shifting inks make the currency nearly impossible to reproduce with current technologies. Other Items Counterfeiting also applies to reproductions of packaging when the intent is to defraud or to violate protections under trademark, Copyright, or patent laws. It is estimated that U.S. companies lose $8.1 billion annually in overseas business owing to violations of Intellectual Property laws. Increasing the enforcement of trademark and copyright law to discourage counterfeiting has been a focus of U.S. trade negotiations, both with individual countries and during the Uruguay Round of the international General Agreement on Tariffs and Trade, Pub. L. No. 103-465, 108 Stat. 4809 (1994). Disputes over counterfeit CDs and computer software have been at the center of U.S. trade conflicts with China for several years. Software manufacturers claim that 98 percent of the software used in China, including that used by the government, was illegally copied. Other goods that are distributed under false trademarks include cereal, razor blades, and soap. Under pressure from the United States, China strengthened its copyright and trademark laws in 1993. Lax enforcement resulted in a new trade agreement in 1995, which was designed to give U.S. manufacturers greater access to Chinese markets. Nevertheless, counterfeiting in China remains rampant. Although most counterfeiting allegations are brought through the criminal courts, counterfeiting that violates patent, trademark, or copyright laws has resulted in civil lawsuits. For example, in 1994, a Paris court found that designer Ralph Lauren had copied a tuxedo dress pattern from Yves Saint Laurent's collection and ordered Lauren to pay his competitor $386,000 in damages. Punishment Under federal law, counterfeiting is a class C felony, punishable by up to 12 years in prison and/or a fine of as much as $250,000. State laws also establish penalties for counterfeiting. Further readings Glaser, Lynn. 1968. Counterfeiting in America: The History of an American Way to Wealth. New York: Potter. counterfeiting the crime of illegally copying currency, whether coin or note, intending to pass it or tender it as genuine. FinancialSeeCounterfeit
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counterfeiting

coun·ter·feit

counterfeiting

counterfeiting

counterfeiting,

Bibliography

Counterfeiting

counterfeiting

Counterfeiting

Coins and Currency

Other Items

Punishment

Further readings

counterfeiting