U.S.S.G. §2B5.1

(a) Base Offense Level: 9

(b) Specific Offense Characteristics

(1) If the face value of the counterfeit items (A) exceeded $2,500 but did

not exceed $6,500, increase by 1 level; or (B) exceeded $6,500, increase

by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount.

(2) If the defendant (A) manufactured or produced any counterfeit obligation or security of the United States, or possessed or had custody of

or control over a counterfeiting device or materials used for counterfeiting; or (B) controlled or possessed (i) counterfeiting paper similar

to a distinctive paper; (ii) genuine United States currency paper from

which the ink or other distinctive counterfeit deterrent has been completely or partially removed; or (iii) a feature or device essentially

identical to a distinctive counterfeit deterrent, increase by 2 levels.

(3) If subsection (b)(2)(A) applies, and the offense level determined under

that subsection is less than level 15, increase to level 15.

(4) If a dangerous weapon (including a firearm) was possessed in connection with the offense, increase by 2 levels. If the resulting offense level

is less than level 13, increase to level 13.

(5) If any part of the offense was committed outside the United States,

increase by 2 levels.

Commentary

Statutory Provisions: 18 U.S.C. §§ 470–474A, 476, 477, 500, 501, 1003. For additional statutory

provision(s), see Appendix A (Statutory Index).

Application Notes:

1. Definitions.—For purposes of this guideline:

“Counterfeit” refers to an instrument that has been falsely made, manufactured, or altered. For

example, an instrument that has been falsely made or manufactured in its entirety is “counterfeit”, as is a genuine instrument that has been falsely altered (such as a genuine $5 bill that has

been altered to appear to be a genuine $100 bill).

“Distinctive counterfeit deterrent” and “distinctive paper” have the meaning given those

terms in 18 U.S.C. § 474A(c)(2) and (1), respectively.

“United States” means each of the fifty states, the District of Columbia, the Commonwealth of

Puerto Rico, the United States Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.

2. Applicability to Counterfeit Bearer Obligations of the United States.—This guideline

applies to counterfeiting of United States currency and coins, food stamps, postage stamps, treasury bills, bearer bonds and other items that generally could be described as bearer obligations of

the United States, i.e., that are not made out to a specific payee.

3. Inapplicability to Certain Obviously Counterfeit Items.—Subsection (b)(2)(A) does not apply to persons who produce items that are so obviously counterfeit that they are unlikely to be

accepted even if subjected to only minimal scrutiny.

Background: Possession of counterfeiting devices to copy obligations (including securities) of the

United States is treated as an aggravated form of counterfeiting because of the sophistication and

planning involved in manufacturing counterfeit obligations and the public policy interest in protecting

the integrity of government obligations. Similarly, an enhancement is provided for a defendant who

produces, rather than merely passes, the counterfeit items.

Subsection (b)(4) implements, in a broader form, the instruction to the Commission in section 110512 of Public Law 103–322.