Counterfeit law deals with the forgery and manufacture of written instruments, including government documents and art. Penalties vary by jurisdiction and can include fines and charges of theft or fraud. Attorneys handling forgery cases may use expert witnesses, and international law enforcement may be involved in cross-border cases.
Counterfeit law is an area of law relating to the forgery and manufacture of written instruments. It is often treated as a crime due to the serious implications of using forged documents, although the handling of forgery varies by jurisdiction. Within each region, counterfeiting is usually discussed in detail in the penal code, with clear definitions of the types of counterfeiting and the penalties for different types of activities involving forged written material.
Forgery can range from forging a signature to generating an entire false document and can also include modifying a document to change its content. Forged documentation can be used to claim title and in a variety of other activities, such as crossing international borders. In the art world, forgery of art, as well as the documentation that accompanies art, is a chronic problem, and historians also have to contend with forgery when evaluating historical documents in the course of their work. The Counterfeiting Act is designed to establish penalties for different types of illegal activities involving forged documents.
While many people think of forgery as forging handwriting, as in the case of a forged signature or note, it can include printed documents. Counterfeiting is used in a variety of contexts and can involve advanced techniques, such as a high degree of skill with a printing press for currency counterfeiters determined to make banknotes as accurate as possible. Under some counterfeiting laws, possession of material known to be used in counterfeiting can result in legal penalties.
The Counterfeiting Act covers a wide variety of counterfeiting activities and discusses penalties. Forging government documents, especially banknotes, can result in a very large fine. The forged acquisition of property or other assets with the use of forgeries can result in charges not only of forgery, but also of theft and fraud, depending on how the offense is carried out. Similarly, counterfeit art can be punished as a form of fraud if the counterfeit art or documentation is presented as valid and treated as such in sales, transfers, and other transactions.
Attorneys handling forgery cases need to be familiar with the ins and outs of forgery law, whether they are defending or prosecuting. Such cases often involve the use of expert witnesses to testify about forgery techniques, confirm that the alleged matter was indeed forged, and provide opinions as to whether the defendant had the skills and facilities to commit the crime. International law enforcement may be involved in the investigation and prosecution of forgery cases where counterfeit material or the proceeds of fraudulent activity cross international borders, and jurisdictional disputes may arise as people debate where to try the accused.
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