Counterfeit Coin Prosecutions
🔹 1. Introduction
Counterfeit coin offences involve the production, possession, distribution, or use of coins that imitate legal tender. These crimes are serious due to their impact on public confidence in currency, economic integrity, and their frequent links to organised crime.
🔹 2. Legal Framework
The primary legislation governing counterfeit currency in the UK includes:
Coinage Offences Act 1936
Core Act dealing with making, possessing, or uttering (using/passing) counterfeit coins.
Forgery and Counterfeiting Act 1981
Covers both coin and note counterfeiting, including modern polymer notes and metal coinage.
Serious Crime Act 2007
Can apply to coordinated counterfeiting operations, allowing extended liability for conspiracy and participation.
Proceeds of Crime Act 2002 (POCA)
Enables seizure of assets derived from counterfeit currency operations.
🔹 3. Types of Offences
Making counterfeit coins
E.g., casting, stamping, or altering coins to look genuine.
Possessing counterfeit coins
With intent to pass them off as genuine.
Uttering counterfeit coins
Actually passing them to others in exchange for goods or services.
Importing/exporting counterfeits
Possessing equipment for counterfeiting
🔹 4. Detailed Case Law Examples
⚖️ Case 1: R v. Walker (2005)
Facts:
Walker was caught with over 1,000 counterfeit £1 coins hidden in his vehicle during a police stop. The coins were high-quality fakes designed to mimic Royal Mint standards.
Charges:
Possession of counterfeit coins with intent to utter (Coinage Offences Act 1936).
Attempted fraud.
Outcome:
Walker was sentenced to 3 years' imprisonment.
The court considered the scale and intention to distribute.
Significance:
Emphasised that even mere possession of large quantities is treated as an intent to distribute, leading to a custodial sentence.
⚖️ Case 2: R v. Mohammed (2009)
Facts:
Mohammed operated a counterfeit coin production workshop using a homemade press. He produced £2 coins and distributed them through small shops in Birmingham.
Charges:
Manufacturing counterfeit coinage.
Conspiracy to defraud.
Outcome:
Sentenced to 5 years' imprisonment.
Equipment and fake coins were confiscated and destroyed.
Significance:
Demonstrated how manufacturing operations lead to longer sentences due to organisation and impact.
⚖️ Case 3: R v. Harrison (2013)
Facts:
Harrison used counterfeit £1 coins in vending machines across supermarkets. He repeatedly visited stores and inserted fake coins to obtain products.
Charges:
Uttering counterfeit coins.
Fraud by false representation.
Outcome:
Sentenced to 2 years, suspended, with a requirement to complete community service and pay compensation.
Significance:
Showed how use of counterfeit coins (even in small-scale fraud) is prosecutable, though custodial sentences may be suspended for minor offenders.
⚖️ Case 4: R v. Feng (2016)
Facts:
Feng was part of a gang importing fake £2 coins from abroad. They were circulated via gambling machines and fast-food outlets. The fake coins had subtle metal inconsistencies.
Charges:
Importation of counterfeit coinage.
Money laundering under POCA.
Outcome:
Sentenced to 7 years' imprisonment.
Assets frozen under POCA and deportation proceedings initiated.
Significance:
A landmark case due to cross-border importation and the use of counterfeit currency in organised crime.
⚖️ Case 5: R v. Duffy (2018)
Facts:
Duffy, a market trader, was caught passing off counterfeit £1 and £2 coins in everyday transactions, knowingly mixing them with genuine coins in customer change.
Charges:
Uttering counterfeit coinage.
Fraudulent trading.
Outcome:
Fined £15,000 and handed a 12-month prison sentence, suspended.
Disqualified from trading for 5 years.
Significance:
Courts imposed both criminal and commercial penalties to protect consumer confidence.
⚖️ Case 6: R v. Ali & Others (2020)
Facts:
Ali led a counterfeit currency network producing and distributing over 30,000 counterfeit £1 coins across northern England. They were sold in batches to minor criminals and used in car washes, parking meters, and corner shops.
Charges:
Conspiracy to make counterfeit coinage.
Money laundering.
Possession of instruments for counterfeiting.
Outcome:
Ali received 9 years; co-conspirators received 3–6 years.
Assets seized under POCA.
Significance:
Major modern example of large-scale counterfeiting operation leading to significant custodial sentences.
🔹 5. Sentencing Considerations
Sentences depend on:
Volume of counterfeit coins.
Whether the accused manufactured, imported, or simply used them.
Organisation and sophistication of the operation.
Previous convictions.
Impact on public trust and financial loss.
🔹 6. Defences
Common defences include:
Lack of knowledge (unknowingly possessed or passed a fake coin).
No intent to defraud (believed the coin was genuine).
No evidence of manufacture or distribution intent (mere possession, if minimal, may not be enough).
However, these are rarely successful if significant quantities are found.
🔹 7. Conclusion
UK courts treat counterfeit coin offences with severity due to the economic harm and links to organised criminal activity. Whether through possession, uttering, or manufacturing, these offences are routinely punished by fines, imprisonment, and confiscation of proceeds. Enforcement agencies such as the Royal Mint, police, HMRC, and Trading Standards all play roles in detection and prosecution.
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