A Minnesota Defense Lawyer on Facing Counterfeiting Charges Under Minn. Stat. § 609.632
You find yourself in a situation you never imagined: being investigated or charged with counterfeiting currency in Minnesota. The accusation alone is terrifying, conjuring images of federal agents and long prison sentences. Maybe you were caught with a single fake bill you didn’t even know you had. Perhaps you were found with a high-quality printer and are now being accused of running a manufacturing operation. Or you may have been swept up in an investigation where someone else’s actions put you in the crosshairs. Whatever the circumstances, you are now facing one of the most serious financial crime charges under Minnesota law.
The stakes could not be higher. These aren’t minor charges; they are almost all felonies with the potential for decades in prison and life-ruining fines. You’re likely worried, confused, and feel like no one is on your side. The state, and often the federal government, will bring immense resources to bear to secure a conviction. They may not care if you were an unwitting participant or if you simply made a terrible mistake.
This is a battle you cannot fight alone. I am a Minnesota criminal defense attorney, and I have stood beside people facing these exact charges. I understand the nuances of Minnesota Statute § 609.632 and the aggressive tactics prosecutors use. From Minneapolis and St. Paul to the greater metro areas of Eagan, Bloomington, and Maple Grove, and in communities like Rochester, Duluth, and St. Cloud, I have defended the rights and futures of my clients. Your story matters, and your rights must be protected. Together, we can challenge the state’s narrative and fight for the best possible outcome.
More Than Just Passing a Bad Bill: What Counterfeiting Actually Means in Minnesota
In Minnesota, “counterfeiting of currency” is a broad crime with several distinct parts. It’s not just about spending a fake $20 bill. The law, specifically Minnesota Statute § 609.632, targets every stage of the process, from creation to distribution. A crucial thread that runs through every type of counterfeiting charge is the element of fraudulent intent. The prosecutor must prove that your goal was to deceive or cheat someone. Without that intent, there is no crime. Understanding which part of the statute you’re accused of violating is the first step in building your defense against a Minnesota counterfeiting charge.
The law breaks the crime down into three main categories. First is manufacturing, which involves printing, scanning, or otherwise creating fake currency. Second is possessing the means for false reproduction, which means having the tools, software, or special materials to create fake money. The third, and most common, is uttering or possessing counterfeit currency. This is the act of knowingly passing a fake bill or simply having one in your possession with the intent to pass it as genuine. Facing a counterfeit accusation in Minnesota requires a clear understanding of what the state must prove, because the penalties are severe and the law is complex.
The Law You’re Accused of Violating: Minnesota Statute § 609.632 – Straight from the Statute
All counterfeiting charges in Minnesota fall under section 609.632 of the Minnesota Statutes. This is a detailed and severe law that outlines not only the different criminal acts but also a complex, tiered penalty system based on the value of the counterfeit currency and the nature of the act. The penalties range from a gross misdemeanor to a felony conviction that carries a potential 20-year prison sentence.
It is vital to read the exact language of the law you are accused of breaking:
609.632 COUNTERFEITING OF CURRENCY.
Subdivision 1. Manufacturing; printing. Whoever, with the intent to defraud, falsely makes, alters, prints, scans, images, or copies any United States postal money order, United States currency, Federal Reserve note, or other obligation or security of the United States so that it purports to be genuine or has different terms or provisions than that of the United States Postal Service or United States Treasury is guilty of counterfeiting and may be sentenced as provided in subdivision 4.
Subd. 2. Means for false reproduction. Whoever, with intent to defraud, makes, engraves, possesses, or transfers a plate or instrument, computer, printer, camera, software, paper, cloth, fabric, ink, or other material for the false reproduction of any United States postal money order, United States currency, Federal Reserve note, or other obligation or security of the United States is guilty of counterfeiting and may be sentenced as provided in subdivision 4.
Subd. 3. Uttering or possessing. Whoever, with intent to defraud, utters or possesses with intent to utter any counterfeit United States postal money order, United States currency, Federal Reserve note, or other obligation or security of the United States, having reason to know that the money order, currency, note, or obligation or security is forged, counterfeited, falsely made, altered, or printed, is guilty of offering counterfeited currency and may be sentenced as provided in subdivision 4.
Subd. 4. Penalty. [This section details the tiered penalties, ranging from a Gross Misdemeanor to a 20-year felony based on value and act].
Subd. 5. Aggregation; venue. [This section allows prosecutors to combine the value of all counterfeit items from a six-month period to increase the charge severity].
Deconstructing the State’s Case: The Legal Elements of Counterfeiting
To get a conviction, the prosecutor has a steep hill to climb. They must prove every single element of the specific offense you are charged with beyond a reasonable doubt. My job is to analyze their case for weaknesses and attack each element with facts, legal arguments, and a compelling counter-narrative. If the state’s proof on any one of these elements fails, their entire case can collapse.
- The Counterfeit ItemFirst and foremost, the state must prove that the currency or security in question was actually fake. This usually involves testimony from a law enforcement officer trained in detecting counterfeit bills or, in more serious cases, an expert from the United States Secret Service. They will point to details like the quality of the paper, the lack of security features like watermarks and security threads, and the printing method. However, this evidence can be challenged, especially if the bills are high-quality fakes.
- The Prohibited ActThe prosecution must link you to one of the specific acts defined in the statute. For a manufacturing charge (Subd. 1), they need evidence you were the one who printed, scanned, or created the bills. For possessing tools (Subd. 2), they must show you possessed items like specialized printers or software for the purpose of counterfeiting. For an uttering charge (Subd. 3), they must prove you actually passed, or intended to pass, the fake currency.
- Knowledge or Reason to KnowFor the most common charge of uttering or possessing, this is a critical battleground. The state must prove that you knew, or had reason to know, that the currency was counterfeit. This is not an automatic assumption. If you received a fake bill as change from a store in Brooklyn Park and were unaware of its fakeness, you are not guilty. We can argue that a reasonable person would not have detected the forgery, thereby negating this essential element.
- Intent to DefraudThis is the absolute core of the crime. For any counterfeiting conviction, the prosecutor must prove beyond a reasonable doubt that you acted with the specific purpose of cheating or deceiving someone. If you printed prop money for a film project or accidentally passed a fake bill you had no idea was counterfeit, you lacked the necessary criminal intent. Many counterfeiting cases are won or lost on this single point, and it is often where I focus the most aggressive defense.
The Price of a Conviction: Minnesota’s Severe Penalties for Counterfeiting
Do not underestimate the severity of a counterfeiting charge. Minnesota law treats this crime with extreme seriousness, imposing some of the harshest penalties for any property-related offense. The consequences are tiered based on your alleged actions and the dollar value involved. Understanding this penalty structure is vital to appreciating what is at stake.
Felony – Manufacturing or Possessing Counterfeiting Tools
If you are convicted of either making fake currency (Subd. 1) or possessing the tools to do so (Subd. 2), you face the highest penalty. This is a felony punishable by up to 20 years in prison, a fine of up to $100,000, or both.
Felony – Uttering Counterfeit Currency (Over $35,000)
If you are convicted of passing or possessing fake bills with a total value over $35,000 (or obtaining goods/services worth that much), the penalty is the same as for manufacturing: up to 20 years in prison and a $100,000 fine.
Felony – Uttering Counterfeit Currency (Over $5,000)
For amounts between $5,001 and $35,000, a conviction is a felony punishable by up to 10 years in prison and a $20,000 fine.
Felony – Uttering Counterfeit Currency (Over $1,000 or a Prior Offense)
For amounts between $1,001 and $5,000, the crime is a felony punishable by up to 5 years in prison and a $10,000 fine. Importantly, you can also face this felony charge for amounts under $1,000 if you have a prior conviction for a similar financial crime within the last five years.
Gross Misdemeanor – Uttering Counterfeit Currency ($1,000 or less)
If the total value of the counterfeit currency is $1,000 or less and you have no relevant prior offenses, the charge is a gross misdemeanor. While not a felony, it is still a serious crime punishable by up to 364 days in jail and a $3,000 fine.
How This Plays Out in the Real World: Common Scenarios in Minnesota
Counterfeiting charges can arise from a wide array of situations, from sophisticated criminal enterprises to isolated incidents involving people who had no idea they were breaking the law. These scenarios often have roots in financial desperation, naivete, or simply being in the wrong place at the wrong time.
The Single Fake Bill at a Minneapolis Convenience Store
You buy a coffee and a newspaper at a busy shop in downtown Minneapolis, paying with a $20 bill. The cashier runs the bill under a UV light, and it fails the test. The police are called, and you are now being investigated for uttering counterfeit currency. You have no idea where you got the bill—it could have been from an ATM or given as change from another store. You had no intent to defraud, but now you have to prove it.
The Online Purchase of “Prop Money” in a St. Paul Suburb
Your teenage son, an aspiring filmmaker in a St. Paul suburb like Woodbury or Eagan, buys highly realistic prop money online for a movie he’s making with friends. He knows it’s not real, but one of his friends takes a few bills and tries to use them at a local mall. Now your son is being investigated for possessing the means for false reproduction simply because he owned the realistic-looking props.
The Small-Scale Printing Operation in a Duluth Apartment
A person in Duluth is struggling with debt and uses their high-quality office printer and special paper to print a few counterfeit $50 bills to pay for groceries and gas. They use one at a gas station, which is reported to the police. A search of their apartment turns up the printer and a few more fake bills, leading to charges for both manufacturing and uttering counterfeit currency—the most serious felonies.
Aggregated Offenses From a Rochester Shopping Trip
Someone goes to a Rochester mall and uses a fake $100 bill at three different stores over the course of an afternoon. While each transaction is only $100, Minnesota’s aggregation rule allows the prosecutor to lump them together. If they can find evidence of other similar acts within a six-month period, they can aggregate the total value to push the charge from a lower-level offense to a much more severe felony.
You Are Not Defenseless: Building a Strategy Against Your Counterfeiting Charge
When you are facing the power of the state and potentially the federal government, it is easy to feel hopeless. But you are not defenseless. The law provides powerful protections, and the prosecution’s case is often not as solid as it first appears. As a Minnesota criminal defense attorney focused on these complex financial crimes, my job is to exploit the weaknesses in the state’s case and build a formidable defense designed to protect your liberty and your future.
A counterfeiting case is a document- and intent-heavy battle. It requires a meticulous examination of the evidence, from the quality of the alleged fake currency to the circumstances of your arrest. It requires challenging the state’s narrative about what you knew and what you intended. We will investigate every aspect of your case, from questioning the legality of the police search that uncovered the evidence to presenting a compelling story that shows you lacked the criminal intent to defraud. An accusation is not a conviction, and I will fight tirelessly to ensure your story is heard.
Lack of Intent to Defraud
This is the single most important defense in a counterfeiting case. The state has the sole burden of proving you acted with a guilty mind.
- Innocent Possession: You received the counterfeit bill from another person or business and had no idea it was fake. You are as much a victim as the person you passed it to. We can trace your recent transactions to show where you likely received the bill, demonstrating your innocence.
- No Deceptive Purpose: You may have created or possessed something that looked like currency, but it was for a legitimate purpose, such as a film prop, a gag gift, or an art project. We can introduce evidence of this purpose to show you never intended to pass it off as real money.
You Didn’t Know (And Had No Reason to Know) the Currency Was Fake
The statute requires that you had “reason to know” the currency was fake. This is a subjective standard that we can fight.
- High-Quality Forgery: The counterfeit bill was a “supernote” or a very high-quality fake that would fool the average person and perhaps even some commercial detection methods. It is unreasonable to expect you to have detected it.
- Legitimate Source: You received the money from a trusted source, such as a bank withdrawal or as payment from a reputable customer. This gives you no reason to be suspicious and scrutinize every bill.
Challenging “Possession” and a Faulty Investigation
The state must prove the counterfeit items were legally yours and that the investigation was conducted lawfully.
- Constructive Possession: The fake bills were found in a place where multiple people had access, like a shared apartment in Plymouth or a car with several passengers. The state must prove the bills were specifically yours and that you knew they were there, which can be very difficult to do.
- Illegal Search and Seizure: Did the police have a valid warrant to search your home? Did they have probable cause to search your car? If law enforcement violated your Fourth Amendment rights, I will file a motion to suppress the evidence, which could lead to the entire case being dismissed.
Minnesota Counterfeiting FAQs: Your Questions Answered
Will I definitely go to jail for a counterfeiting charge?
Jail or prison is a very real risk, especially for a felony conviction. However, it is not guaranteed. A strong defense can lead to many other outcomes, including a full dismissal, a reduction to a lesser charge, or a sentence of probation with no jail time. My primary goal is always to keep my clients out of custody.
Are counterfeiting charges state or federal?
They can be both. Minnesota has its own robust counterfeiting statute, § 609.632. However, because it involves U.S. currency, the United States Secret Service often investigates, and federal prosecutors can also bring charges. It is crucial to have an attorney who understands how to navigate both the state and federal systems.
What should I do if I think I received a counterfeit bill?
Do not try to pass it on to someone else. You should handle it as little as possible to preserve any fingerprints, place it in an envelope, and report it to your local police department or the Secret Service. Document where you believe you received it. This shows you have no intent to defraud.
Can charges be dismissed if I didn’t know the money was fake?
Yes. Lack of knowledge and lack of intent to defraud are the cornerstones of a powerful defense. If we can create reasonable doubt in the prosecutor’s mind or in a jury’s mind about what you knew, the charges can be dismissed or you can be found not guilty.
How does the “aggregation” rule work?
The state can look at all alleged counterfeiting acts you committed within a six-month period and add up the face value of the bills. This allows them to charge you with a single, more serious offense. For example, passing four fake $100 bills on four separate occasions could be aggregated into a single charge based on the $400 total.
Do I need a lawyer if it was just one fake $20 bill?
Absolutely. Even if the charge is a gross misdemeanor, it is still a serious crime of dishonesty that carries jail time and creates a permanent criminal record. A lawyer can often negotiate a dismissal or a much better outcome than you could achieve on your own.
What is the difference between “forgery” and “counterfeiting” in Minnesota?
Generally, under Minnesota law, “forgery” (609.63) refers to falsifying documents like checks, IDs, or records. “Counterfeiting of currency” (609.632) specifically refers to the crime of faking U.S. currency and other government securities. While related, they are separate statutes with different penalty structures.
If I am convicted, will I have to pay the money back?
Yes. In addition to any fines and jail time, the court will almost certainly order you to pay restitution to any person or business that suffered a financial loss because of the counterfeit currency.
Can a felony counterfeiting conviction be expunged from my record?
While Minnesota law allows for the expungement of many criminal records, the process is complex and not guaranteed, especially for serious felonies. The best strategy is always to fight for an outcome that avoids the conviction in the first place.
What role does the U.S. Secret Service play in state cases?
The Secret Service has primary jurisdiction over the protection of U.S. currency. They often lead investigations even if the case is ultimately prosecuted in a Minnesota state court. Their agents may be key witnesses against you, and it is vital to have an attorney experienced in cross-examining federal agents.
Can I be charged for possessing the tools if I wasn’t printing money?
Yes. Under Subdivision 2 of the statute, simply possessing the tools—a specific type of printer, ink, or paper—with the intent to defraud is a crime itself, even if you never actually printed a single bill. The prosecutor’s case would hinge on proving your intent.
What if the fake money was really bad quality, like “Monopoly money”?
This could be a defense. To be counterfeit, the item must be a convincing enough fake that it could fool a reasonable person. If the item is obviously a toy or a joke, we can argue that it does not meet the legal definition of counterfeit and that you could not have had the intent to defraud anyone with it.
If my friend used a fake bill from my house, can I be charged?
You could be. This is a situation of “constructive possession.” The prosecutor might argue that you knew about the bills and had access to them, even if your friend is the one who passed them. This requires an immediate and aggressive defense to separate your actions from your friend’s.
I was just a lookout. Can I still be charged?
Yes. Under Minnesota law, you can be charged as an accomplice or for conspiracy if you aided, advised, or conspired with someone else to commit the crime of counterfeiting. Your penalty could be just as severe as the person who physically passed the bill.
What is the first thing I should do if I am being investigated?
Contact a Minnesota criminal defense attorney immediately. Do not speak to the police, detectives, or federal agents. Politely but firmly tell them you are exercising your right to remain silent and that you will not answer any questions without your lawyer present.
Beyond Prison: The Lifelong Consequences of a Counterfeiting Conviction
A counterfeiting conviction brings penalties that extend far beyond the courtroom. The collateral consequences of having this crime on your record, especially as a felony, will follow you for the rest of your life, closing doors to opportunities and fundamentally altering your future. This is a crime of dishonesty, and society punishes that label with unforgiving severity.
The Lifelong Label of a Felon
A felony conviction means you are a “felon” for life. This public record will appear on every background check for jobs, housing, and even volunteer positions. The stigma attached to a financial crime like counterfeiting is particularly damaging, as it leads people to view you as fundamentally untrustworthy.
Barriers to Employment and Financial Opportunities
With a counterfeiting conviction on your record, securing any job that involves handling money or requires a position of trust becomes nearly impossible. Careers in banking, finance, accounting, or even management-level retail will be off-limits. Furthermore, you may find it incredibly difficult to get a loan, a mortgage, or a business line of credit, crippling your financial future.
Loss of Your Civil Rights
In Minnesota, a felony conviction strips you of your core civil rights. You lose your right to vote until you have completed your full sentence, including probation or parole. More permanently, you will lose your Second Amendment right to own, possess, or transport a firearm for the rest of your life. This is a right that is very rarely restored.
Scrutiny from the Federal Government
Because counterfeiting involves U.S. currency, a state conviction can put you on the radar of federal agencies. It can impact your ability to receive certain federal benefits, obtain security clearances, or work for the federal government. For non-citizens, a counterfeiting conviction is a “crime involving moral turpitude” that can lead to automatic deportation, regardless of how long you have lived in the United States.
Why a Proactive Minnesota Counterfeiting Attorney is Your Critical Defense
When you are facing charges as serious as counterfeiting, you need more than just a lawyer; you need a dedicated advocate who will fight for you at every step. The state has immense power, but their case is not unbeatable. A strategic, aggressive, and proactive defense is your best and only shield against the devastating consequences of a conviction.
Navigating a Complex, High-Stakes Statute
Minnesota Statute § 609.632 is one of the more complex financial crime laws on the books, with its various subdivisions and tiered penalty structure. I have deep experience with this specific statute. I know how prosecutors use the aggregation rules to inflate charges, and I know how to attack the core elements of knowledge and intent that are required for a conviction. I can explain your precise legal situation in plain English and craft a defense tailored to the specific charge you face.
Challenging Forensic Evidence and Expert Testimony
The state’s case will likely rely on testimony from a currency “expert” from the Secret Service or local law enforcement. They will present evidence about paper, ink, and security features. An effective defense requires challenging that evidence. I know how to cross-examine these experts, question their methods, and expose any uncertainty in their analysis. I can also retain independent forensic experts to challenge the state’s findings when necessary.
Fighting a War on Two Fronts: State and Federal
Counterfeiting charges live in a gray area between state and federal jurisdiction. You need an attorney who understands the strategies and procedures of both systems. I have experience defending clients in Minnesota’s state courts and am prepared to face the federal authorities who are often involved behind the scenes. My goal is to keep your case at the state level and fight for a resolution that prevents it from ever becoming a federal indictment.
My Goal: A Strategy to Dismantle the Prosecution’s Case
My commitment is to you and your future. From our first meeting, my focus will be on building a strategy designed for the best possible outcome—whether that is a full dismissal, a reduction to a lesser offense, or a not-guilty verdict at trial. I will not let you be railroaded by the system. I will force the state to prove every single element of its case and present your story with the force and conviction it deserves. Your freedom is on the line, and I will fight to protect it.