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CRM 1000-1499

1347. Counterfeited And Forged State And Corporate Securities -- Discussion Of The Offenses

Title 18 U.S.C. § 513(a) makes it a federal crime to make, utter, or possess a counterfeit security of a state (or a political subdivision thereof) or an organization. It also makes it a crime to make, utter or possess such a forged security with intent to deceive another person, organization, or government. A forged security includes one which has a forged endorsement on it.

Subsection (b) makes it a federal crime for anyone to make, receive, possess, sell, or otherwise transfer an implement designed for, or particularly suited for, making a counterfeit or forged security, with the intent that it be so used.

Section 513 of title 18 does not cover personal checks or United States governmental securities, nor does it cover securities issued by foreign governments. The counterfeiting and forgery of United States and foreign governmental securities is covered by offenses in Chapter 25 of Title 18, United States Code (e.g., 18 U.S.C. §§ 471, 472, 473, 478 and 479). Counterfeiting and forging of the securities of a foreign corporation including a foreign bank, are, however, covered by 18 U.S.C. § 513.

[cited in JM 9-61.500]