Counterfeiting Defense in Midland
Counterfeiting Defense Informed by More Than 500 Completed Federal Cases
Counterfeiting allegations may involve making, altering, possessing, passing, selling, or trafficking in counterfeit currency, government obligations, branded goods, or documents. A case may begin with contact from investigators, a search warrant, a target letter, an indictment, or an arrest. At Eckman Law Firm, PLLC, we handle federal and state criminal defense matters throughout West Texas.
The applicable law depends on the item and the alleged conduct. Currency offenses, trademark counterfeiting, and Texas forgery charges involve different statutes and elements. Prosecutors may need to prove that a person knew an item was counterfeit, intended to defraud, possessed or transferred it, or engaged in trafficking. We examine the charging document and evidence before advising a client about the allegations and potential defense options.
Call (432) 223-9427 for a free phone consultation about a counterfeiting investigation, federal charge, or Texas forgery allegation.
Federal Counterfeit Currency Charges
Federal law distinguishes creating counterfeit obligations from possessing, passing, or dealing in them. Our attorneys have completed more than 500 federal cases. Aaron Eckman is licensed in the Western, Northern, and Southern Districts of Texas and before the U.S. Court of Appeals for the Fifth Circuit. Victoria Eckman is licensed in the Western and Northern Districts.
Common federal currency statutes include:
- 18 U.S.C. § 471: Falsely making, forging, counterfeiting, or altering an obligation or security of the United States with intent to defraud.
- 18 U.S.C. § 472: Possessing, selling, passing, or attempting to pass a counterfeit obligation with intent to defraud. Passing means presenting or transferring the item as genuine.
- 18 U.S.C. § 473: Buying, receiving, exchanging, transferring, or delivering counterfeit obligations with intent that they be used as genuine.
Each statute authorizes fines and up to 20 years of imprisonment. Potential exposure depends on the charged offense, alleged conduct, criminal history, sentencing process, and other case-specific factors.
Federal Trademark Counterfeiting Charges
Trademark counterfeiting is distinct from currency counterfeiting. Under 18 U.S.C. § 2320, prosecutors may pursue allegations involving intentional trafficking in goods or services using a counterfeit mark. The statute also covers certain labels, packaging, and related materials. A counterfeit mark generally is a spurious mark that is identical to or substantially indistinguishable from a protected mark.
These cases may turn on whether trafficking occurred, whether the accused knew the relevant facts, and whether the mark was likely to cause confusion, mistake, or deception. Penalty provisions vary based on the goods and conduct at issue, with separate provisions for counterfeit military goods and drugs. We examine the products, transactions, communications, financial records, and people involved rather than treating every counterfeit-goods allegation alike.
How Texas Law Defines Forgery
Texas generally prosecutes state-level allegations involving counterfeit or altered writings under Texas Penal Code Section 32.21. Forging can include altering, making, completing, executing, or authenticating a writing so it appears authorized, created at another time or place, or copied from an original that didn’t exist.
The statutory definition of a writing extends beyond signed documents. It includes money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, identification, right, or privilege. The charge classification depends partly on the type of writing involved, including money, securities, government records, commercial instruments, and government-issued documents.
How We Analyze Counterfeiting Evidence
We begin by identifying what prosecutors must prove and whether the evidence supports each required element. Aaron Eckman previously served as an Assistant Criminal District Attorney and clerked for a U.S. Magistrate Judge. That background informs our analysis of prosecutorial decisions and federal court procedure.
Our review may address:
- Knowledge and intent: Whether the accused knew an item was counterfeit and acted with the intent required by the charged statute.
- Possession and transfer: Whether the evidence connects the accused to making, receiving, possessing, passing, selling, or trafficking the item.
- Authenticity and custody: How the item was identified, tested, collected, stored, and documented.
- Searches and statements: Whether investigators obtained evidence or statements lawfully and whether suppression motions may be appropriate.
- Digital and financial records: What communications, transaction histories, account records, and device data show when viewed in context.
Victoria Eckman has represented clients at trials, suppression hearings, and detention hearings involving serious charges. We work with each client to develop a strategy based on the facts and may retain a private investigator when additional investigation is warranted.
Counterfeiting Cases in Midland & West Texas
The U.S. Attorney’s Office for the Western District of Texas identifies Midland as a staffed division office and recognizes the Midland-Odessa Judicial Division. A criminal matter arising in the Permian Basin may proceed in the Western District of Texas, although venue depends on the alleged conduct and basis for federal jurisdiction.
Proceedings may involve a grand jury, arraignment, detention hearing, pretrial motions, trial, sentencing, and appeal. A Texas forgery prosecution follows state criminal procedure. Identifying the investigating agency, alleged offense, and court is an important early step. With offices in Midland and Lubbock, we represent clients in state and federal criminal matters throughout West Texas.
Talk With Us Before Making Case Decisions
A free phone consultation allows us to discuss the alleged item, the conduct attributed to you, the investigating or prosecuting authority, and any pending court date. If available, have relevant charging documents or investigator correspondence ready for the call.
Our attorneys draw on more than 500 completed federal cases, former prosecutor insight, and experience with serious criminal proceedings. Before providing a statement or deciding how to handle relevant records, obtain advice tailored to your circumstances.
Call (432) 223-9427 to speak with Eckman Law Firm, PLLC about a counterfeiting or forgery allegation.
A Firm With a History of Success
Our Experience Speaks for Itself
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Case No Billed by Grand Jury 1st Degree Aggravated Sexual Assault of a Minor under 14
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Case Dismissed 2nd Degree Aggravated Assault with A Deadly Weapon
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Felony Case Dismissed 2nd Degree Felony Assault
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Case Dismissed 2nd Degree Felony Robbery
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Case Dismissed 3rd Degree Felony Theft