Before a person can be convicted of the federal crime of counterfeiting, the prosecutor must prove the following two things beyond a reasonable doubt:
- The person charged with counterfeiting actually made counterfeit money; and
- The person did so willfully and with the intent to defraud.
Regarding the “intent to defraud,” the prosecutor does not have to prove that anyone was, in fact, defrauded. Rather, she only has to prove that the person charged intended to defraud a person or a government agency.