Forgery and Counterfeiting Defense Attorney in Jersey City, NJ, Providing Strategic Representation in Complex Fraud, Forgery, and Counterfeit Cases
Fraud, forgery, and counterfeiting allegations can put an entire life project at risk. An investigation or charge in Hudson, Essex, Union, Middlesex, or Passaic County can threaten your career, professional license, immigration status, finances, and reputation in addition to exposing you to state prison, crushing fines, and restitution.
If you are accused of a financial crime, you need more than a generic criminal defense. You need a North Jersey fraud lawyer who understands how New Jersey actually prosecutes theft by deception, forgery, and counterfeiting and who treats your case as a high-stakes, detail-driven problem from the first meeting.
Anthony R. Gualano has more than 35 years of experience defending clients against serious indictable offenses in New Jersey and Pennsylvania. He is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a designation held by only a small percentage of attorneys statewide. Over decades of practice, he has handled complex fraud and financial crime matters alongside homicide, gun and weapons charges, sex offenses, official misconduct, and racketeering, with countless jury and bench trials to his credit.
From his office at 549 Summit Avenue in Jersey City, Mr. Gualano represents professionals, business owners, parents, and students throughout North and Central New Jersey. As a forgery and counterfeiting defense attorney in Jersey City, NJ, he is known for measured but firm advocacy, meticulous preparation, and a focus on the real-world impact that a fraud or forgery conviction can have on a client’s future. Schedule your initial consultation with his online form today.
Fraud, Forgery, and Counterfeiting Under New Jersey Law
New Jersey’s financial crime statutes are spread across several sections of the Criminal Code. Many fraud cases are charged under theft provisions, particularly theft by deception in N.J.S.A. 2C:20-4, while forgery is addressed in N.J.S.A. 2C:21-1, and trademark counterfeiting is addressed in N.J.S.A. 2C:21-32.
Although each statute has its own elements, several themes recur:
- The State must usually prove you acted purposefully or knowingly.
- Many charges require proof that someone relied on a misrepresentation or forgery.
- Penalties often depend on the value involved or the type and quantity of items.
Because of this structure, a small shift in alleged value, number of items, or classification of a document can change a case from municipal court exposure to second-degree prison time.
Theft by Deception and Related Fraud Charges
Many fraud cases in New Jersey are framed as theft by deception under N.J.S.A. 2C:20-4. A person commits theft by deception if they purposely obtain the property of another by deception. Deception can include:
- Creating or reinforcing a false impression about a fact, law, value, or intention
- Preventing another from acquiring information that would affect their judgment of a transaction
- Failing to correct a false impression that the actor previously created or knows is influencing someone with whom they have a fiduciary or confidential relationship
The grading of theft by deception is based primarily on value:
- Second-degree when the amount is $75,000 or more, punishable by 5 to 10 years in state prison and fines up to $150,000
- Third-degree when the amount is between $500 and $75,000, with 3 to 5 years of state prison exposure and fines up to $15,000
- Fourth-degree, when the amount is between $200 and $500, with up to 18 months in state prison and fines of up to $10,000
- Disorderly persons offense when the value is less than $200, punishable by up to 6 months in county jail and a fine up to $1,000
Prosecutors use these statutes to charge a wide range of conduct, including:
- Consumer and retail fraud
- Insurance or benefits fraud
- Mortgage and real estate fraud
- Business or investment schemes
- Online or electronic scams involving digital payments or accounts
As a North Jersey white collar crime lawyer, Mr. Gualano evaluates not only the alleged misrepresentations, but also whether the supposed victim actually relied on them in a way that the law recognizes. If reliance is missing or speculative, the State’s case on theft by deception may be significantly weaker than the indictment implies.
Forgery and Uttering Under N.J.S.A. 2C:21-1
Fraud and forgery often travel together. Under N.J.S.A. 2C:21-1, a person is guilty of forgery if the person:
- Alters or changes the writing of another without authorization
- Makes, completes, executes, authenticates, issues, or transfers a writing so that it falsely appears to be the act of another, to have been executed at a different time or place, or to be a copy of an original that never existed
- Utters any writing they know is forged in one of these ways
The statute defines “writing” broadly. It includes traditional documents such as checks and contracts, and also money, stamps, credit cards, access devices, retail sales receipts, UPC labels, and other symbols of value, right, privilege, or identification.
Grading Of Forgery
The grading of forgery depends on what the writing is. Forgery is a third-degree crime when the writing is or purports to be money, securities, postage or revenue stamps, checks, government-issued certificates or licenses, New Jersey prescription blanks, stock or bond instruments, personal identifying information, access devices, or 15 or more forged or altered retail receipts or UPC labels. In all other cases, forgery is a fourth-degree crime.
In New Jersey, a third-degree offense typically carries 3 to 5 years in state prison and fines up to $15,000. A fourth-degree offense can result in up to 18 months in state prison and fines up to $10,000.
Examples of conduct that may lead to forgery charges include:
- Signing another person’s name on checks or contracts
- Altering payee names, dates, or amounts on checks
- Creating or using fake titles, deeds, or vehicle documents
- Generating or using fake IDs, prescription blanks, or other government-related documents, often in combination with criminal simulation statutes
Because the statute also covers uttering, a person can be charged even if they did not physically create the forged document but merely presented it as genuine. A forgery and counterfeiting defense attorney in Jersey City, NJ, like Mr. Gualano, will closely review how each document was created, transmitted, and used, and whether the State can truly link specific writings and intent to the client.
New Jersey Trademark Counterfeiting and Related Offenses
Trademark and brand-based counterfeiting is addressed in the New Jersey Trademark Counterfeiting Act, N.J.S.A. 2C:21-32. A person commits counterfeiting if, with intent to deceive or defraud, they knowingly manufacture, use, display, advertise, distribute, offer for sale, sell, or possess with intent to sell items or services bearing a counterfeit mark in connection with commercial activity in New Jersey.
“Counterfeit mark” includes a spurious mark that is identical or substantially indistinguishable from a genuine mark registered in the United States Patent and Trademark Office or the New Jersey Secretary of State, or certain Olympic marks, used on goods or services for which the genuine mark is registered and in use.
The grading depends on the number of items and retail value:
- Fourth-degree if there are fewer than 100 items or the total retail value is less than $1,000, or for a first conviction
- Third-degree if there are 100 to 999 items, or the total retail value is $1,000 to less than $15,000, or for a second conviction
- Second-degree if there are 1,000 or more items, or the total retail value is $15,000 or more, or for a third or subsequent conviction
In addition to imprisonment and standard fines, the court can impose a counterfeiting-specific fine of up to three times the retail value of the items or services, subject to capped maximums that can reach $500,000 for a second-degree conviction. All items bearing counterfeit marks and related equipment are also subject to forfeiture.
These cases can involve alleged counterfeit luxury goods, electronics, clothing, accessories, or other branded items sold online or through retail channels. They often include questions about supply chains, wholesalers, and whether the accused knew or reasonably should have known that marks were counterfeit.
How Mr. Gualano Approaches Fraud, Forgery, and Counterfeiting Cases
Financial crime cases present a particular mix of legal and factual issues. There may be complex transactional records, electronic data, witness statements, and expert analyses, all tied to questions of intent and reliance.
As a North Jersey fraud lawyer, Mr. Gualano approaches these matters with the same thoroughness and trial focus he brings to homicide and serious felony cases, but with a keen eye for business context and paper trails.
Detailed Review Of Records And Transactions
He begins with a complete review of:
- Contracts, loan applications, and business records
- Bank, credit card, and electronic payment statements
- Emails, messages, and digital communications surrounding the transactions
- Any forged or allegedly counterfeit documents or items
The goal is to understand what actually happened, not just how the complaint or indictment describes it. In many cases, what prosecutors view as a scheme may be better understood as a failed business deal, a contractual dispute, accounting errors, or a misunderstanding about authority.
Challenging Intent, Knowledge, And Reliance
Most fraud and forgery statutes require proof that you acted with a purpose to defraud or injure, or with knowledge that you were facilitating a fraud. Mr. Gualano focuses on:
- Whether there was a good faith belief that a representation was true or would be fulfilled
- Whether the alleged victim actually relied on the representation when deciding to part with money or property
- Whether the client genuinely knew a document was forged or a mark was counterfeit, particularly in multi-level business chains
By weakening the state’s proof of intent, knowledge, or reliance, he can often shift a case from a serious second- or third-degree posture toward lesser charges or a civil resolution.
Addressing Valuation And Degree
Since grading often depends on value or volume, he examines:
- How the State calculated the alleged loss or retail value
- Whether certain transactions or items have been double-counted
- Whether valuation assumptions are realistic in light of market conditions or actual sales history
Correcting inflated valuations can reduce the degree of the offense, which in turn lowers sentencing exposure and provides more room for negotiation or alternative dispositions.
Negotiation, Diversion, And Sentencing Strategy
Not every fraud, forgery, or counterfeiting case goes to trial. For appropriate clients, particularly first-time offenders, diversionary programs such as Pretrial Intervention (PTI) may be available for certain third or fourth-degree offenses, sometimes resulting in dismissal upon successful completion.
Where diversion is not available, Mr. Gualano uses his trial background and reputation for thorough preparation to engage in serious plea discussions. He develops sentencing memoranda and mitigation packages that address:
- Professional history and business responsibilities
- Family obligations and community ties
- Restitution efforts, corrective steps within a business, and compliance measures
- The impact of collateral consequences, such as licensing, immigration, and future employability
The objective is to obtain the most favorable disposition the law and facts will support, whether that is a dismissal, downgrade, non-custodial sentence, or a significantly reduced custodial term.
Who Turns to Anthony R. Gualano in Fraud and Forgery Cases
While he represents clients from many backgrounds, a large portion of Mr. Gualano’s fraud and forgery practice involves:
- Licensed professionals such as healthcare providers, lawyers, accountants, educators, and financial services personnel
- Business owners and executives whose companies and employees depend on them
- Public sector employees and officials facing financial misconduct allegations
- Parents and caregivers whose ability to support their families is threatened by felony financial charges
These clients are concerned not only about avoiding prison, but also about preserving professional credentials, managing civil liability, and limiting reputational harm. They seek counsel who is strategic, respectful in court, and serious about preparation. As a North Jersey fraud lawyer, Mr. Gualano fits that profile. He is known by judges, colleagues, and clients for capability, professionalism, and diligent work on high-stakes criminal matters.
Speak With a North Jersey Fraud Lawyer
If you are under investigation or have been charged with theft by deception, fraud, forgery, or counterfeiting in Jersey City, Newark, Elizabeth, Paterson, New Brunswick, or anywhere in North Jersey, you should not treat the case as a simple misunderstanding or assume it will quietly resolve. The State is already organizing its evidence. You deserve someone organizing your defense.
To discuss your situation with an experienced fraud lawyer, contact Anthony R. Gualano Law in Jersey City with his online form. Mr. Gualano will speak with you directly during a risk free consultation, review the allegations and documents, explain your exposure in clear terms, and begin crafting the focused, carefully prepared defense strategy you need to protect your rights, your record, and your future.