Home > West's Encyclopedia of American Law > 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,...