united-states criminal-law
If i sell something on a web app, can i be held liable if they pay with a counterfeit bill and i take it to the bank?
<p>this question is for the jurisdiction of the united states, Washington state, pierce county, tacoma city.</p>
<p>i am planning to sell some stuff on a phone app called &quot;offer up&quot; and one of the main features of the app is that it can show you items that are for sale within driving distance, and as such, you can drive to people, or people can drive to you, that day, exchange cash for the goods, then be on your way.</p>
<p>my question is If i sell something on a web app, and the person pays me with a counterfeit bill, and i don't recognize the bill as counterfeit, will i be held criminally liable when i take it to the bank? or do i have to &quot;knowingly possess&quot; the counterfeit bill, will the fact that i was scammed hold up and not get me arrested, charged, or convicted?</p>
<p>thanks.</p>

<p>In general, you have to have the <a href="https://www.criminaldefenselawyer.com/resources/can-i-be-charged-with-using-counterfeit-money-if-i-di" rel="nofollow noreferrer">intent</a> to defraud for this to be criminal.</p>

<p>There used to be a state law against counterfeiting but it was repealed decades ago (Ch. 9.26 RCW). Federal law, <a href="https://www.law.cornell.edu/uscode/text/18/472" rel="nofollow noreferrer">18 USC 472</a>, says</p>
<blockquote>
<p>Whoever, with intent to defraud, passes, utters, publishes, or sells,
or attempts to pass, utter, publish, or sell, or with like intent
brings into the United States or keeps in possession or conceals any
falsely made, forged, counterfeited, or altered obligation or other
security of the United States, shall be fined under this title or
imprisoned not more than 20 years, or both</p>
</blockquote>
<p>which means, for the &quot;passing&quot; part, that you intend that the bank accept as real money which you know not to be real. Also note that you can't keep it as a souvenir. If you submit the bill under less than honorable circumstances, you <em>could</em> be convicted of counterfeiting, because those circumstances are evidence of intent (to defraud).</p>

<p>That's a bog standard question... and I point to <a href="https://www.youtube.com/watch?v=AnRuh2TYib0" rel="nofollow noreferrer">Steve Lehto 6229</a>, which explained it to me back then:</p>
<ul>
<li>It's not money. The bank does not have to give it back, but if they do and they tell you its fake, <strong>you may not give it away anymore</strong></li>
<li>It's a federal statue but there are state laws that add extra punishment! Double jeopardy does not apply.</li>
</ul>
<p><a href="https://www.law.cornell.edu/uscode/text/18/472" rel="nofollow noreferrer">18 USC § 472</a> makes it illegal to pass on a fake bill with the intention to defraud. That means in practice, it's only illegal to try to use it if you know the bill is fake. <a href="https://www.law.cornell.edu/uscode/text/18/473" rel="nofollow noreferrer">18 USC § 473</a> also punishes the passing on, but with the <em>intent that the same be passed</em>, and again, you would need to know the bill is fake.</p>
<p>The safest way to proceed if you spot a bill that might be fake is to go to the bank and have them check the bill and <em>tell them</em> if you question the validity of a certain bill. If it is fake, the bank will have to report it anyway.</p>
<p>When I had a questionable bill once, my bank was more than happy to help me with reporting it to the authorities. It did turn out not a fake but that it was apparently in a hot washing machine, which had badly damaged some security features.</p>
