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Archive for the ‘counterfeiting’ tag

Counterfeiting Counts as Theft

November 26th, 2018 at 1:48 pm

fraudA Chicago man allegedly scammed potentially dozens of people by selling them counterfeit concert tickets. He was recently caught after he sold a woman two $125 Imagine Dragon tickets on Craigslist, who took the tickets to the concert in June only to learn that they were “very good fakes,” according to the ticket checker. The woman later reported the defendant’s license plates to the police, who discovered that they were the plates of a rental car rented by the defendant’s friend and loaned to him. The defendant, who is under investigation for selling numerous counterfeit concert tickets, has five prior convictions for forgery, counterfeiting, and fraud in Texas and Illinois. A number of charges can be slapped onto those who sell counterfeit tickets.

Forgery Charges for Producing or Possessing a Counterfeit Ticket

Under Illinois statute 720 ILCS 5/17-3, forgery has been committed when a person knowingly commits any of the following:

  • Makes a false document or alters a document that could be used to defraud another;
  • Issues, sells, or otherwise gives such a document to another knowing that it is fake or has been altered;
  • Possess with intent to deliver said document;
  • Unlawfully uses the digital signature of another; or
  • Unlawfully uses the signature of another to create an electronic signature.

Forgery is usually a Class 3 felony, punishable by five to 10 years in prison and a maximum fine of $25,000. It is a Class A misdemeanor to forge an academic degree or coin, punishable by one to three years in prison.

Theft Charges

In addition to any forgery charges that a defendant may face, they may also be charged with theft. Theft occurs when a person unlawfully procures another’s possessions or assets without intent to return them. As such, selling a counterfeit ticket will incur a theft charge. Depending on the amount that the ticket or tickets were sold for, the theft charges may be misdemeanor or felony offenses.

Check Fraud and Counterfeiting Money

There are various forms of check fraud, including kiting checks, passing bad checks, and check floating. Another type of check fraud is using counterfeit or forging checks. This includes forging a signature, changing the amount the check was made to, changing the name of who it was made to, or altering it in any other way. Under Title 18, Section 471 of the United States Code, manufacturing counterfeit money is punishable under federal law by a fine of $5,000 and 15 years in prison. Possessing counterfeit money is punishable by $15,000 and 15 years in prison.

Contact a Cook County Criminal Attorney Today

Any type of counterfeiting or forgery is a serious crime. You may be up against half a dozen charges as well, including theft and fraud. You need to call an attorney at once. Contact the office of dedicated Rolling Meadows forgery attorney Christopher M. Cosley today at 847-394-3200 for a free consultation.

 

Sources:

https://www.moneyfactory.gov/resources/lawsandregulations.html

https://journaltimes.com/news/local/crime-and-courts/alleged-ticket-scammer-caught-sold-fakes-in-wisconsin-illinois/article_ea5d852c-7d98-5f76-b4ff-57f54521d962.html

Counterfeiting as a Federal Crime and a State Crime

January 25th, 2016 at 10:58 am

Illinois defense attorney, Illinois white crimes lawyer, Illinois criminal lawyer, Counterfeiting is a serious crime that involves the illegal and unauthorized reproduction of legal tender (i.e., money), goods or documents that is made in a way that would likely fool an unsuspecting recipient of the counterfeited item. It is a form of fraud with very serious consequences. Common examples of counterfeiting include:

  • Counterfeit U.S. or foreign currency;
  • Counterfeit government issued bonds;
  • Counterfeit educational degrees;
  • Counterfeit legal documents (i.e., passports, birth certificates, immigration papers, Social Security cards, etc.);
  • Counterfeit common goods, which includes knock off products;
  • Counterfeit of a trademark;
  • Counterfeit credit cards or debit cards;
  • Counterfeit luxury goods, such as name brand watches, sunglasses or purses; and
  • Counterfeit checks.

Advances in printing technology have made it substantially easier to commit this white collar crime than in decades past. This means that more people have the ability to create counterfeit items with a high level of accuracy in terms of resembling the real thing. Counterfeiting is usually a fairly large operation, as it requires someone to make the counterfeit item, but operations also often include someone to sell the counterfeit item. Simply being caught with a counterfeit item with the intent to distribute or sell the item is illegal.

Counterfeiting Laws

Counterfeiting is a crime at both the state and federal level.

  • In Illinois, the counterfeiting laws include:
    • Counterfeiting Credit or Debit Cards. Counterfeiting is specifically defined under 720 ILCS 5/17-0.5 as the manufacture, creation or production of a credit or debit card without authorization or consent from the purported issuer of the card.
    • Counterfeiting Goods or Trademarks. 765 ILCS 1040/1 addresses what constitutes a counterfeit item, or trademark and 765 ILCS 1040/2 details the crime of using or circulating counterfeit or imitation goods.
  • At the federal level, federal counterfeit law includes:
    • 18 U.S.C. Section 471. Under this law, it is illegal to defraud, forge, counterfeit, falsely make, or alter any form of money, security or obligation of the United States.

Counterfeiting Money Is the Most Popular Form of Counterfeiting

Counterfeiting money is the most popular form of counterfeiting in the United States, with the $20 bill being the most commonly counterfeit dollar bill. If too much fake money enters into circulation, U.S. currency will lose value. The federal government has spent a lot of time and money trying to design complicated currency with a number of counterfeit prevention and detection features. The government takes counterfeiting of money very seriously and prosecutes it aggressively.

Call the Law Offices of Christopher M. Cosley

There are significant consequences to be faced if you are convicted on counterfeiting charges. If you have been notified by the authorities that you are being investigated for counterfeit operations, an experienced white collar crime lawyer can help you with your criminal defense. Contact a passionate Rolling Meadows white collar crime defense attorney to discuss the specifics of your case with a professional today. We are prepared to help you with your case.

 

Sources:

http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+24&ActID=1876&ChapAct=720%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60752&SeqStart=50300000&SeqEnd=53000000&ActName=Criminal+Code+of+1961.

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2233&ChapterID=62

https://www.law.cornell.edu/uscode/text/18/471

Forgery: White Collar Crime

January 11th, 2016 at 9:24 am

Illinois criminal lawyer, Illinois defense attorney, Illinois criminal laws, When an act of forgery involves money in someway, the crime is generally characterized as a white collar crime. According to 720 ILCS 5/17-3, forgery occurs when a person knowingly, with the intent to defraud someone else, makes a false document, object or statistic, or alters any of these to make them false. The forgery must be capable of defrauding another individual. Simply supplying a document that you know to be false can be considered forgery, as can merely having a forged document in your possession, with the intent to defraud another.

Forgeries can take many forms. Some of the most common examples of forgery include:

Identity Theft

Forged documents are commonly used in identity theft cases. One person poses as another by misrepresenting their identity, which can be as simple as filling out a form as if you were someone else, or manufacturing a fake passport or driver’s license with your photo, but someone else’s personal identification information. These crimes often arise when a person tries to take out a line of credit or obtain a credit card with personal identification information that has been misappropriated or stolen.

Counterfeiting

Counterfeiting is related to forgery, but is a more serious offense. Counterfeiting, for the most part, falls to the purview of federal jurisdiction (meaning it is a federal crime), but Illinois law also tackles the crime under the deception and frauds statutes, 720 ILCS 5/17-0.5. Counterfeiting occurs where a person manufactures something that is fake, but acts or uses the manufactured item as if it were legitimate, authorized or real. A person can counterfeit, or manufacture, any number of items, including but not limited to fake money, passports, IDs, credit cards, legal papers, and goods.

Bad Checks

When it comes to writing bad checks, there are two main types: issuing a check when you know that there are insufficient funds to cover the check’s value, and fraudulently issuing a check (either posing as someone else, or using a fraudulently obtained or stolen check). Issuing bad checks can fall under the umbrella of forgery if some aspect of the bad check is deceptive, and the person who “issues” the check does so with the intent of defrauding the recipient of the check.

What Defenses Can Be Used for Forgery Charges?

When you are charged with forgery, there are a number of defenses that could be raised on your behalf. For instance, if someone posed as you – i.e. stole your identity – and then committed forgery, you are not the person who had the intent to defraud, and you were not the person involved in the forgery.  You were merely a victim of identity theft.

It is also possible that your forgery charges could be defended against if you lacked knowledge that you were committing a forgery, which is commonly tied to lacking the intent to defraud someone. Simply making a mistake on important paperwork, or failing to notice a mistake, is not fraud or forgery, unless you had the intent to defraud another. An experienced criminal lawyer can go over the details of your alleged crime, and can help you develop the best legal defense you have available in light of the specific facts of your case.

Call the Law Offices of Christopher M. Cosley

Forgery charges are serious charges. When you need a white collar crime lawyer, contact a skilled Rolling Meadows criminal defense attorney as soon as possible. An attorney can help you protect your rights in your criminal case.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K17-3

http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+24&ActID=1876&ChapAct=720%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60752&SeqStart=50300000&SeqEnd=53000000&ActName=Criminal+Code+of+1961.

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