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counterfeit as forgery - different name, sweeter rose? Login/Join 
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Occasionally get complaints from victims who have received funny money as payment for goods or services. Small $$, so unlikely for federal prosecution. Looks like 32.21(e)(1) is a good fit, and will get it to a third degree, assuming proof of intent to defraud. Otherwise, absent a state counterfeiting statute, all that's left is theft, which of course hinges on value for offense grade. Anyone else prosecuted them in this way?
 
Posts: 160 | Location: Foat Wuth | Registered: June 12, 2001Reply With QuoteReport This Post
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Once upon a time, we here at the Dallas office would routinely receive relatively small dollar counterfeit cases from U.S. Secret Service. Of course, now that W. seems to be in Crawford every third Sunday, we don't get as many of those cases . . .

But when we did, we always used (e)(1). If you REALLY want to have fun with the defendant, remember that each bill is a separate unit of prosecution (I think).

(We like it because since it is a 3rd degree felony, you get past those pesky technical issues with state jail enhancement using prior convictions).

Just my two cents ...
 
Posts: 40 | Location: Nacogdoches, Texas | Registered: August 08, 2003Reply With QuoteReport This Post
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