We have been getting a number of cases involving counterfeit United States currency, counterfeit checks, and counterfeit traveler's checks. After reviewing the forgery statute and the TDCAA prose book, it looks like forgery is the best fit, but it is not a perfect fit. How do you prosecute these counterfeit cases? Which prose language do you use?

When I was in Fort Bend, with it's fast growing economy and close proximity to Houston, we had many counterfeit check and money cases, particularly in Stafford and Sugar Land where retail stores were popping up literally overnight in the growth boom that has been going on there.

You probably already know all of this but here goes:

Depending on what my evidence was, for checks when possessed and not uttered I charged "act of another" if I had evidence they had done the alteration;

If they possessed the writing, but I had no evidence that they had made an alteration (many get third parties to do the actual writing so they can pass a handwriting test if caught), then under "possess with intent to utter".

Of course, if they pass or attempt to pass, they have uttered the check, which is the easiest because you do not have to prove they altered the check, just that they uttered the check. Although they usually have some story about the circumstances under which they obtained the check, it is usually so flimsy that it is easy to overcome with testimony of the victim.

Always include a copy of the front and back of check in the charging instrument. We always shrink the copy of the check and taped it onto the indictment.

With funny money, I generally charged possession, but of course if they pass or admit to altering, you can charge there as well. Since all of those are thirds, the possession is usually the easiest case to make.

I always found the Secret Service to be interested in these cases, particularly if the suspect had multiple bills or denominations. For anything other than the idiot making bad funny money on his home computer, I generally referred those to the feds because often times, in addition to getting more time on the fed cases, the feds often developed valuable intelligence on check and money counterfeiting rings that are so prevalent in the Houston area.

My educated guess is that if there is any type of organized criminal activity in this regard in your fair community, there is a strong possibility it is linked to Houston. Another reason to consider at least consulting the feds on your cases.

You probably know all of this already, Shane.

Pleadings I have used:

Pass: did then and there, with intent to defraud another, pass to _________, a forged writing, knowing such writing to be forged, and such writing had been so completed that it purported to be money, and said writing was a fake one-hundred bill.

Possess: did then and there, with intent to harm or defraud another, possess with intent to pass a forged writing, knowing such writing to be forged, and such writing had been so completed that it purported to be money, and said writing was a fake one-hundred bill.

We allege the defendant made, possessed with intent to pass, or passed the "federal reserve note" and that it purported to be the act of "the United States Department of the Treasury". Our forgery cops work closely with the Secret Service and the feds charge the makers of the fake bills & we charge the small-time passers.

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