18 U.S.C. § 492 – Forfeiture of Counterfeit Currency and Counterfeiting Paraphernalia
This law allows the government to seize and forfeit counterfeit currency and the tools used to make it.
This statute authorizes the forfeiture of counterfeit U.S. or foreign currency, securities, and related materials, as well as the equipment, devices, or apparatus used or intended to be used in counterfeiting offenses.
It also criminalizes the refusal to surrender counterfeit items or counterfeiting tools when lawfully requested by federal authorities.
What the law allows and requires.
Under this statute:
- Counterfeit coins, obligations, and securities may be seized and forfeited to the United States
- Materials, devices, and equipment used or intended for counterfeiting may be forfeited
- Individuals in custody or control of such items must surrender them upon lawful request
Failure or refusal to surrender counterfeit items or tools after a lawful request can result in separate criminal charges.
Penalties.
Refusing to surrender counterfeit currency or counterfeiting materials can result in a fine, up to 1 year in federal prison, or both. Forfeiture itself is a civil consequence and does not carry a prison sentence.
Remission or mitigation of forfeiture.
In certain cases, a person with an interest in seized property may petition for remission or mitigation of forfeiture. Federal authorities may grant relief if the forfeiture occurred without willful negligence or intent to violate the law, or if mitigating circumstances exist.
When the seizure involves offenses beyond counterfeiting-related conduct, the Attorney General may decide whether forfeiture should be remitted or mitigated.
If federal agents have seized currency, equipment, or materials in your case, call (314) 900-HELP or contact our criminal defense attorneys to discuss your options.
