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Criminal Defense Blog 2016 April Enhanced Prosecution of Counterfeit Goods
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Enhanced Prosecution of Counterfeit Goods

Posted By Lance Fletcher || 8-Apr-2016

Expect More Aggressive Prosecution for Selling Counterfeit Goods

Counterfeiting is one of the oldest crimes. Some of the earliest examples of counterfeits goes back to the 6th century involving counterfeit coins. In the world today, counterfeit products cost the global economy up to $250 billion a year according to the Organization for Economic Cooperation and Development. In 2013, 1.7 billion of counterfeit goods was seized which probably represents a small fraction of the total amount of counterfeit goods that entered the US that year.

The most commonly counterfeited products in the US include

  1. Handbags / Wallets (#1)
  2. Watches / Jewelry
  3. Consumer electronics
  4. Wearing Apparel
  5. Pharmaceuticals
  6. Footwear
  7. Computers / Accessories
  8. Labels / Tags (trademarked logos and hang tags attached to products)
  9. Optical media (DVDs, CDs, Games, etc)

Counterfeit goods are being linked to terror groups. Designer bags are part of a $500 billion global trade in counterfeit goods and some US authorities have claimed that the money is funding terrorism. In New York, the trade is valued at $80 billion. The 2004 Madrid train bombings was partially funded with proceeds from the sale of pirated CDs.

Additional pressure to prosecute counterfeit goods is based on the increasing menace of counterfeit drugs. In 2016, California witnessed six deaths caused by a counterfeit painkiller that was sold and packaged as Norco, a combination of acetaminophen and hydrocodone. In reality, it was fentanyl which is more potent and can be fatal even in small amounts.

Counterfeiting is an increasing phenomenon in the world of art and wine, worlds that largely rely on buyers and sellers to police themselves and victims can be too embarrassed to complain. In 2012, a Manhattan art gallery, Knoedler & Company, was accused of selling a forged Jackson Pollock for $17 million. Sometimes, victims become perpetrators of a fake where they realize that they have acquired a fake my accident but then later try to sell it as a genuine. In 2014, Rudy Kurniawan was sentenced to 10 years in prison for selling counterfeit wine. He defrauded wine collectors by selling counterfeit bottles that seemed to be of rare and vintage wines but which actually contained worthless cheap wine.

Existing penalties for trademark counterfeit are harsh.

New York

Trademark Counterfeiting – 3rd Degree – P.L. 165.71 – Up to 1 year in jail

A person is guilty of trademark counterfeiting in the third degree
when, with the intent to deceive or defraud some other person or with
the intent to evade a lawful restriction on the sale, resale, offering
for sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark, or
possesses a trademark knowing it to be counterfeit for the purpose of
affixing it to any goods.

Trademark Counterfeiting – 2nd Degree – P.L. 165.72 – Up to 4 years in jail


A person is guilty of trademark counterfeiting in the second degree
when, with the intent to deceive or defraud some other person or with
the intent to evade a lawful restriction on the sale, resale, offering
for sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark, or
possesses a trademark knowing it to be counterfeit for the purpose of
affixing it to any goods, and the retail value of all such goods bearing
counterfeit trademarks exceeds one thousand dollars.

Trademark Counterfeiting – 1st Degree – P.L. 165.73 – Up to 15 years in jail

A person is guilty of trademark counterfeiting in the first degree
when, with the intent to deceive or defraud some other person, or with
the intent to evade a lawful restriction on the sale, resale, offering
for sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark, or
possesses a trademark knowing it to be counterfeit for the purpose of
affixing it to any goods, and the retail value of all such goods bearing
counterfeit trademarks exceeds one hundred thousand dollars.

Federal Penalties for Counterfeiting US Currency. Under Federal law, if you act with the intent to defraud, forge, counterfeit, or alter a U.S. security you shall be fined or imprisoned up to 20 years under 18 U.S.C.A. 471.

If you’ve been accused of trademark counterfeiting, don’t take it lightly. This offense once resulted in a slap on the wrist for minor first time offenders but is now being taken much more seriously.

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