Counterfeit Corner

Possession of counterfeit versus intent to defraud. What’s the difference?

The challenge lies in whether the individual holding the counterfeit banknote knows whether it is counterfeit or not. This is one of the first thing a law enforcement officer will ask a person that has tried to use a counterfeit in a transaction. If the person innocently tried to use the counterfeit, then they will probably not face prosecution and just lose the value of the banknote. They will probably be more observant of their currency in the future after losing money!

However, criminals know this and will try to use this reasoning to pass a counterfeit banknote. So, how does the officer know when the individual is telling the truth? You cannot open someone’s brain to determine what they were thinking!

The best way is for the officer to determine if the person has any other counterfeit banknotes in their possession, such as in their pockets, wallet, or vehicle. If other counterfeits are found, it is a good indication that they are in the business of distributing counterfeits. Their criminal history may also be an indication that they are aware that the banknotes are not genuine.