CHAPTER LII CRIMINAL CODE, CHAPTER SEVEN OFFENSES AGAINST THE CURRENCY, COINAGE, ETC. § 808. Crim. Code § 147. "Obligation or Other Security of the United States" Defined. § 809. Crim. Code § 148. Forging or Counterfeiting United States Se § 810. Crim. Code § 149. § 811. Crim. Code § 150. curities. Counterfeiting National Bank Notes. Using Plates to Print Notes without Authority, etc. § 812. Crim. Code § 151. Passing, Selling, Concealing, etc., Forged Obliga §813. Crim. Code § 152. § 814. Crim. Code § 153. tions. Taking Impressions of Tools, Implements, etc. Having in Possession Unlawfully Such Impressions. § 815. Crim. Code § 154. Buying, Selling, or Dealing in Forged Bonds, Notes, etc. §816. Crim. Code § 155. Secreting or Removing Tools or Material Used for Printing Bonds, Notes, Stamps, etc. 817. Crim. Code § 156. Counterfeiting Notes, Bonds, etc., of Foreign §818. Crim. Code § 157. §819. Crim. Code § 158. § 820. Crim. Code § 159. § 821. Crim. Code § 160. Governments. Passing Such Forged Notes, Bonds, etc. Having in Possession Such Forged Notes, Bonds, etc. §822. Crim. Code § 161. Having Unlawfully in Possession or Using Plates for Such Notes, Bonds, etc. § 823. Crim. Code § 162. § 824. Crim. Code § 163. § 825. Crim. Code § 164. § 826. Crim. Code § 165. § 827. Crim. Code § 166. § 828. Crim. Code § 167. Connecting Parts of Different Instruments. Falsifying, Mutilating, or Lightening Coinage. § 829. Crim. Code § 168. § 830. Crim. Code § 169. § 831. Crim. Code § 170. § 832. Crim. Code § 171. Making or Issuing Devices of Minor Coins. Counterfeiting, etc., Dies for Foreign Coins. § 833. Crim. Code § 172. Counterfeit Obligations, Securities, Coins, or Material for Counterfeiting, to Be Forfeited. § 834. Crim. Code § 173. Issue of Search Warrant for Suspected Counterfeits, etc., Forfeiture. § 835. Crim. Code § 174. § 836. Crim. Code § 175. § 837. Crim. Code § 176. § 838. Crim. Code § 177. Circulating Bills of Expired Corporations. Imitating National Bank Notes with Printed Mutilating or Defacing National Bank Notes. § 839. Crim. Code § 178. Notes of Less than One Dollar Not to Be Issued. §808. Criminal Code. Sec. 147. "Obligation or Other Security of the United States " Defined. The words "obligation or other security of the United States" shall be held to mean all bonds, certificates of indebtedness, national bank currency, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, which have been or may be issued under any Act of Congress.1 The definition of the words "obligations or other securities of the United States" is not intended to be general, but is limited in its application. The word "security", used in its proper sense, does not include postage stamps.2 Postage stamps, while in the hands of the Government, are personal property, notwithstanding the fact that they are an obligation or other security of the United States", under this section.3 Uncanceled postage stamps are obligations or securities of the United States. But a can 1 § 808. 1 Formerly R. S. Sec. 5413, 35 Stat. L. 1115. 2 22 Ops. Atty.-Gen. 40 (1898). 3 Jolly v. United States, 170 U. S. 402, 42 L. ed. 1085, 18 S. C. 624. 428 Ops. Atty.-Gen. 201. celed postage stamp, or a facsimile imprint thereof, is not an obligation or security within the meaning of this section.5 A United States Treasury Warrant is an "obligation" of the United States", and a pension check drawn by an authorized officer of the United States, upon an Assistant Treasurer of the United States, is not an "obligation of the United States ", under the foregoing section. United States compound interest Treasury notes are obligations of the United States. " A certificate of deposit issued by a paymaster of the United States Army to an enlisted man is an obligation or other security of the United States." The form of words "obligation or other security of the United States " embraces internal revenue stamps, as representatives of value issued by the Government." 8 §809. Criminal Code. Sec. 148. Forging or Counterfeiting United States Securities. Whoever, with intent to defraud, shall falsely make, forge, counterfeit, or alter any obligation or other security of the United States shall be fined not more than five thousand dollars and imprisoned not more than fifteen years.1 In an indictment for forgery of an endorsement on a United States draft under this section, separate averments, 1st, that the draft itself constituted the obligation forged, and 2d, that the false endorsement constitutes the forgery, are repugnant, and do not properly lay the offense. The pleader should have distinctly charged that the genuine draft with the forged indorsement upon it constitute together a forged obligation of the United States. A certificate of deposit issued by a paymaster of the United States Army to an enlisted man is "an obligation or security of the United States ", forgery of which is made a criminal offense by this section.3 An indictment alleging forgery with 5 552. $ 27 Ops. Atty.-Gen. 125. United States v. Albert, 45 Fed. 7 United States v. Owens, 37 Fed. 112. Neall v. United States, 118 Fed. 699, 56 C. C. A. 31 (9th Cir.). 14 Ops. Atty.-Gen. 528. § 809. Formerly R. S. Stat. 5414, 35 Stat. L. 1115. 2 De Lemos v. United States, 91 Fed. 497, 33 C. C. A. 655 (5th Cir.). 3 Neall v. United States, 118 Fed. 699, 56 C. C. A. 31 (9th Cir.). 6 intent to defraud both the United States and a particular person is not bad for duplicity. The utterance of a forged security or obligation of the United States was a mere misdemeanor, and not an "infamous crime" or a felony, and prosecution of a person so charged by information, instead of by indictment, was permissible. In an indictment for violation of the section for counterfeiting United States compound interest Treasury notes, it is unnecessary to allege that the counterfeit note is in the likeness of a genuine obligation of the United States, authorized by law, that being implied by the use, in the indictment, of this precise language of the statute. Where it is stated in the indictment that the forged obligation has been suppressed or destroyed by defendant, the tenor of the instrument may be proved by a sworn copy or by parole evidence. To write the name of the payee, with intent to defraud, on the back of a post office warrant, a security of the United States, is forgery. It is unnecessary, in such indictment, to aver a specific intent to defraud the United States; such intent being inferable from the language of the statute, indicating that the intent is to defraud the United States. A genuine pension check drawn by an authorized officer of the United States, upon an assistant treasurer of the United States, is not "an obligation or other security of the United States" within the counterfeiting section. Evidence that defendant forged an endorsement of such a pension check of the United States is not sufficient to sustain a verdict of guilty under an indictment charging defendant with counterfeiting a security of the United States." 810. Criminal Code. Sec. 149. Bank Notes. 8 Counterfeiting National Whoever shall falsely make, forge, or counterfeit, or cause or procure to be made, forged, or counterfeited, or 4 Neall v. United States, 118 Fed. 699, 56 C. C. A. 31 (9th Cir.). 5 In re Wilson, 18 Fed. 33. But it is now a felony under Sec. 335 of Crim. Code. • United States v. Owens, 37 Fed. 112, citing United States v. Jolly, 37 Fed. 108. 7 United States V. Britton, 2 Mason, 464, Fed. Cas. No. 14650. 8 United States v. Jolly, 37 Fed. 108, Followed in United States v. Albert, 45 Fed. 552. 552. • United States v. Albert, 45 Fed. shall willingly aid or assist in falsely making, forging, or counterfeiting, any note in imitation of, or purporting to be in imitation of, the circulating notes issued by any banking association now or hereafter authorized and acting under the laws of the United States; or whoever shall pass, utter, or publish, or attempt to pass, utter, or publish, any false, forged, or counterfeited note, purporting to be issued by any such association doing a banking business, knowing the same to be falsely made, forged, or counterfeited; or whoever shall falsely alter, or cause or procure to be falsely altered, or shall willingly aid or assist in falsely altering, any such circulating notes, or shall pass, utter, or publish, or attempt to pass, utter, or publish as true, any falsely altered or spurious circulating note issued, or purporting to have been issued, by any such banking association, knowing the same to be falsely altered or spurious, shall be fined not more than one thousand dollars and imprisoned not more than fifteen years.1 3 An indictment for attempting to pass a falsely altered note of the United States currency need not allege that the offense was committed with felonious intent. The offense is now a felony. An allegation that the defendant passed a Confederate note bearing some resemblance to a United States note or a national bank note, does not constitute an indictable offense within this section. The unauthorized signing of names purporting to be those of president and cashier, to national bank notes, constitute the crime of forgery of those notes under this statute, whether the names so signed are in fact those of the president and cashier of the bank, or of fictitious persons. The fact that bank notes with such forged signatures have been made redeemable by statute, does not relieve the forgery of such signatures from liability. Evidence supplying motive for counterfeiting bank notes may be introduced, even though such evidence has a tendency to show the defendant guilty of another crime as § 810. Formerly R. S. Sec. 5415, 35 Stat. L. 1115. 2 * Leib v. Halligan, 236 Fed. 82, 149 C. C. A. 292 (9th Cir.). 3 United States v. Wilson, 44 Fed. 751. 4 Logan v. United States, 123 Fed. 291, 59 C. C. A. 476 (6th Cir.). |