Found at: http://www.anguillaguide.com/article/articleprint/3083/-1/133/
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LEGAL NOTES - Counterfeiting by Alex Richardson
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The crime of counterfeiting of currency has always proved extremely attractive to criminals. To many of them, the challenge of trying to create forged money is irresistible.
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Alex Richardson
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There are criminal minds entirely devoted to the pursuit of creating the perfect counterfeit banknote, which is so authentic that the average person cannot tell the difference. At the same time, the banks and law enforcement community try to stay one step ahead, by coming up with more sophisticated security features for banknotes that make it harder for them to be imitated.
For example, the Eastern Caribbean Central Bank employs security measures in its banknotes such as see through features, barcodes, watermarks, unique serial numbers, security threads, electrotypes, reflective foils and special inks including iridescent inks and silver metallic ink.
The legal tender of Anguilla is Eastern Caribbean currency. However, the US dollar also circulates very widely and is accepted for virtually all business transactions. Both types of currency have been subject to counterfeiting attempts. In particular, US authorities wage a constant war against counterfeiters, and Anguilla has had its fair share of false banknotes. Over the years, banks and merchants have had to become more vigilant and skilled at detecting these banknotes.
The Criminal Code of Anguilla makes provision for the crime of counterfeiting. A person commits an offence and is liable on conviction to imprisonment for 10 years if he makes a counterfeit of a currency note or of a current coin, intending that he or another person shall pass or tender it as genuine. In addition, a person commits an offence and is liable on conviction to imprisonment for 4 years if he makes a counterfeit of a currency note or of a current coin without lawful authority or excuse.
A person commits a crime and is liable to 4 years imprisonment if he (a) passes or tenders as genuine a banknote or coin which he knows or believes to be a counterfeit, or (b) delivers to another person a banknote which he knows or believes to be a counterfeit, intending that the other person to whom it is delivered will pass or tender it as genuine. Also, if a person delivers to another, without lawful authority or excuse, a banknote which he knows or believes to be a counterfeit, he is liable on conviction to imprisonment for 3 years.
Prison sentences of between 4 and 7 years apply to persons who have counterfeit notes under their custody or control without lawful authority or excuse, or with the intention to pass them off as genuine or to deliver them to another person. Sentences of up to 7 years can be handed down where a person is found to have any counterfeiting materials or implements in his custody or possession.
A person is also liable to imprisonment for up to 7 years if found guilty of importing, exporting or dealing in counterfeit notes and coins.
Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, NBA Corporate Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.