# Justice Manual § 9-61.510: Counterfeiting and Forging Securities—Prosecution Policy

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-61.510

## Section

- **Citation:** Justice Manual § 9-61.510
- **Heading:** Counterfeiting and Forging Securities—Prosecution Policy
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-61.000 - Crimes Involving Property / Justice Manual § 9-61.510

## Text

Since 18 U.S.C. § 513 considerably expands Federal criminal jurisdiction over non-Federal securities that are counterfeited and forged, its constitutional basis may be challenged. Accordingly, for constitutional and policy reasons, several factors should be present before Federal jurisdiction is exercised under this provision.

First, the extent of the criminal activity should be sizeable and involve significant past or future interstate activity. Second, in regard to the counterfeiting of State securities, there should clearly be an interstate aspect. Third, common sense must be used, not only to sustain the constitutionality of this important provision, but also to control the number of cases filed in Federal courts. The general prosecution policies set forth in
JM 9-61.210
relating to cases under the National Stolen Property Act should be applied to 18 U.S.C. § 513 offenses. Finally, as to the "implement" provision in subsection 513(b), such implements should bear some connection to State or corporate securities.

In short, the major responsibility for dealing with counterfeit and forged State and corporate securities should lie with State and local governments. In utilizing 18 U.S.C. § 513, the Federal government will be in the best position to defend against constitutional challenges if the statute is applied only to fact patterns clearly showing large-scale organized interstate criminal activity. In addition, each United States Attorney should develop prosecutive understandings concerning the counterfeiting and forgery of State and corporate securities with State and local authorities through the district's Law Enforcement Coordinating Committee.

## Nearby sections

- [Justice Manual § 9-61.010 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-61.010.md)
- [Justice Manual § 9-61.100 Motor Vehicle and Aircraft Theft—18 U.S.C. § § 2311-2313](https://www.frixlaw.com/law-library/statutes/JM_S9-61.100.md)
- [Justice Manual § 9-61.111 Motor Vehicle and Aircraft Theft—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-61.111.md)
- [Justice Manual § 9-61.112 Motor Vehicle and Aircraft Theft—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-61.112.md)
- [Justice Manual § 9-61.113 Motor Vehicle and Aircraft Theft—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-61.113.md)
- [Justice Manual § 9-61.114 Motor Vehicle and Aircraft Theft—Notification Requirements](https://www.frixlaw.com/law-library/statutes/JM_S9-61.114.md)
- [Justice Manual § 9-61.200 National Stolen Property Act—18 U.S.C. §  2311, 2314, and 2315](https://www.frixlaw.com/law-library/statutes/JM_S9-61.200.md)
- [Justice Manual § 9-61.210 National Stolen Property Act—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-61.210.md)
- [Justice Manual § 9-61.244 National Stolen Property Act—Securities](https://www.frixlaw.com/law-library/statutes/JM_S9-61.244.md)
- [Justice Manual § 9-61.300 Theft From Interstate Shipment—18 U.S.C. §  659](https://www.frixlaw.com/law-library/statutes/JM_S9-61.300.md)
- [Justice Manual § 9-61.400 Fencing—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-61.400.md)
- [Justice Manual § 9-61.500 Counterfeiting and Forging of State and Corporate Securities—18 U.S.C. § 513](https://www.frixlaw.com/law-library/statutes/JM_S9-61.500.md)
- [Justice Manual § 9-61.510 Counterfeiting and Forging Securities—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-61.510.md)
- [Justice Manual § 9-61.600 Bank Robbery and Bank Larceny—18 U.S.C. 2113](https://www.frixlaw.com/law-library/statutes/JM_S9-61.600.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-61.510. Check the current official text before relying on it. Not legal advice.