CFT Law

Question 1

What are the two specifically enumerated crimes written in the US Constitution?

Answer 1

Treason

Counterfeiting

Question 2

What 2 things are required to be convicted of a criminal offense?

Answer 2

1. Proof of ALL elements

2. Beyond a Reasonable Doubt

Question 3

What statute gives the USSS its authority to investigate crimes and make arrests?

Answer 3

18 USC 3056

Question 4

What is “counterfeit”?

Answer 4

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.”

Question 5

What are “Obligations of the US”?

Answer 5

treasury checks,
silver certificates
stamps (including cancelled)
food stamps

Question 6

What is NOT considered an “Obligation of the US”?

Answer 6

Coins

Question 7

What does “Similitude” refer to?

Answer 7

a likeness or resemblance to a genuine item, as calculated to deceive an honest/sensible man

Question 8

What does “mutilate” mean?

Answer 8

to alter a genuine item so as to render it unfit for circulation
(ex. bleaching an FRN)

Question 9

What is a “raised note”?

Answer 9

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

Question 10

18 USC 470 - Counterfeit acts committed outside of the US

Answer 10

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)

Question 11

18 USC 471 - Manufacturing CFT

Answer 11

Whoever,
With intent to defraud,
Makes, Forges, Counterfeits or Alters

Any Obligation of the US

Question 12

What is “Extra-Territorial Jurisdiction”?

Answer 12

prosecute within the US for crimes committed outside of the US

Question 13

18 USC 484 - Connecting parts of different notes

Answer 13

(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

Question 14

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?

Answer 14

18 USC 471

Question 15

What should you do if you arrest a juvenile?

Answer 15

notify the parents, inform juvenile of their rights

Question 16

18 USC 472 - Passing CFT

Answer 16

Passes, Utters, Publishes, Sells (or attempts)

Or with Intent to do any of the above:

1. Brings into the US,
2. Possesses, or
3. Conceals

Any Falsely made, forged, Altered, or CFT’d

Obligation of the US

Question 17

What does it mean to “utter”?

Answer 17

put it out to the public as if it were genuine

Question 18

What does it mean to “pass”?

Answer 18

“we both know its counterfeit, and I pass it off to you”

Question 19

18 USC 491 - Slugs or paper used as money

Answer 19

Using a slug or CFT in a vending machine

Tokens or paper used as $$$

Question 20

Do both 18 USC 472 and 18 USC 491 require the intent to defraud?

Answer 20

YES - Both involve passing or uttering some object used to represent US money

Question 21

18 USC 473 - Dealing CFT

Answer 21

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

Question 22

18 USC 474 - Plates & Negatives

Answer 22

Posses Makes Sells or Uses

Plates, Stones, (parts thereof)(including electronic) or photographs

In likeness or similitude

Any obligation or security of the US

Question 23

18 USC 474(A) - Deterrents to Counterfeiting

Answer 23

Controls or Possesses

Distinctive paper or CFT deterrent feature or device for making same

Adapted to the making of obligations or US Securities

Question 24

18 USC 475 - Advertisements

Answer 24

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

Question 25

18 USC 504 - Reproductions

Answer 25

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

Question 26

What are the statutes for Foreign CFT?

Answer 26

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

Question 27

Asset Forfeiture Statutes pertinent to CFT Cases:

*****18 USC 492 - Forfeiture of Counterfeit and Counterfeit Paraphernalia

Answer 27

1. 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

Question 28

Asset Forfeiture Statutes pertinent to CFT Cases:

49 USC 80302

Answer 28

Prohibited Use of Conveyance - Conveyance shall not be used to transport, carry, convey, conceal or facilitate crime involving contraband (CT, CFT paraphernalia)

Question 29

Asset Forfeiture Statutes pertinent to CFT Cases:

49 USC 80303

Answer 29

Forfeiture - Any conveyance used in violation of 49 USC 80302, shall be forfeited to the US

Question 30

What’s the difference between 49 USC 80302 and 49 USC 80303?

Answer 30

80302 - Prohibits

80303 - Forfeits