Currency reproduction laws
I find the accusation of wrongdoing here rather hilarious.
Especially since the US mint provides for download, free of charge, graphics of various denomination of bill with the intention that they will be printed out and circulated amongst a company's employees to familiarize them with the "new" bills and help them avoid falling for fake ones. Here's the link, if anyone is interested:
http://www.moneyfactory.gov/newmoney/main.cfm/partners/trainingMaterials
It is maybe not as far fetched as you think. I’m not a lawyer, but I do often work with laws.
The law 18 USC 504(2) permits reproduction of currency if it is authorized by the Treasury. The images at the MoneyFactory site, a site of the Department of the Treasury Bureau of Engraving and Printing, are approved by the Treasury for reproduction.
18 USC 474 makes it a crime to reproduce currency:
(a) …Whoever prints, photographs, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such obligation or other security, or any part thereof, or sells any such engraving, photograph, print, or impression, except to the United States, or brings into the United States, any such engraving, photograph, print, or impression, except by direction of some proper officer of the United States—
Is guilty of a class B felony.
Unlike other laws against passing counterfeit money (uttering) or other reproductions, note that the above does not mention intent. Courts upheld that reproduction of currency is a crime regardless of intent in cases involving JSG Boggs, an artist that drew exact copies of bills and sold or bartered with them as works of art.
However, the next paragraph of the law goes on to specify that there are exceptions:
(b) For purposes of this section, the term “analog, digital, or electronic image” includes any analog, digital, or electronic method used for the making, execution, acquisition, scanning, capturing, recording, retrieval, transmission, or reproduction of any obligation or security, unless such use is authorized by the Secretary of the Treasury. The Secretary shall establish a system (pursuant to section 504) to ensure that the legitimate use of such electronic methods and retention of such reproductions by businesses, hobbyists, press and others shall not be unduly restricted.
So, the Treasury can authorize reproductions, but also must establish regulations for creating reproductions for legitimate purposes.
So we look to 18 USC 504 for the limits set by congress for what reproductions the Treasury may approve without specific authorization. (This section specifically specified that reproductions could be made “for philatelic, numismatic, educational, historical, or newsworthy purposes” until that phrase was deemed unconstitutional by the supreme court in Regan v. Time 1984, because courts can’t rule that something is newsworthy or educational). Section 504 says that reproductions must be larger (150%) or smaller (75%) that the actual currency. The regulations, 31 CFR 411, are not much different.
If you place a $20 on a photocopier and hit print, you may have committed a felony. I came across one case where a couple of college kids got busted for something like having some pot in their dorm room, and when the cops searched the room they found some pieces of paper with photocopies of bills. The kids had no idea it was illegal, but it was. I don’t know how the case turned out. I expect the charges were mostly used as a bargaining tool to get a plea on the drug charges and were dropped. Still, people have been charged with the crime of possessing a photocopy money.
So, is Randi going to the slammer? Unlikely. The laws concerning reproduction of currency are very short and strict. This allows the government a great deal of freedom to stop anything that may undermine the value of currency. But courts have even stated “some judgment is needed on the part of the officers charged with enforcing the counterfeiting statutes”. Boggs was never charged. Manufactures of prop money for movie studios that was a little too real and ended up in circulation were never charged. They had contraband seized and were ordered to stop production, but were not charged with a crime. I didn’t look too hard, but I could not readily find a conviction of anyone for photocopying money unless there was also intent to defraud (not that there couldn’t be-the Secret Service must ensure that confusing reproductions do not end up in circulation even if there was no intent on the creator to benefit from the counterfeits).
The Randi video does not seem suitable for prosecutions because 1) it is not clear if he has a copy of actual currency, 2) it is not clear if the copy violates the size requirements, 3) there was no attempt to defraud, 4) the copy was used for educational purposes, which historically and currently have been deemed legitimate uses of reproductions, 5) the copy was destroyed, 6) there is no potential that the (destroyed) copy would enter circulation or undermine or undervalue legitimate currency.
So I would expect the Secret Service to tell Callahan (if they reply at all), “Thank for bringing this video to our attention. And, no, you may not use exact-sized reproductions of currency in your act.” And that would be the end of that.