Need more info. Is this in the contect of an arrest or is it in a civil proceeding?
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
There is pending legislation in New York City Council that would make buying counterfeited goods in NY a crime (fine plus jail). Best
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It is a crime and can be charged as a misdemeanor or felony depending on the value of the goods.
I have been chosen by Superlawyers as one of the top criminal defense lawyers in NYC. I was a First Deputy Bureau Chief in the Brooklyn DA's Office and have over 30 years of criminal law experience. Phone: 212-766-3366; www.goldbergandallen.com
In a civil lawsuit for trademark counterfeiting, the plaintiff has the option of electing actual damages or statutory damages (which can be not less than $1,000 or more than $200,000 per counterfeit mark for each type of good sold or offered for sale) See 15 U.S.C. 1117(c). One reason for allowing a plaintiff to recover statutory damages is that the records of defendant counterfeiters were often poor or nonexistent, thus making proof of the counterfeiter’s profits impossible as a practical matter.
Under the federal criminal statute, 18 U.S.C. 2320, knowingly trafficking in counterfeit goods is subject to a maximum penalty of $2,000,000 for an individual, or a maximum fine of $5,000,000 against a corporation. The statute also an individual may be imprisoned for up to ten years if convicted.
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18 USC 2320 read it and see. How does $2,000,000 and 10 years in jail sound to you?
OK, confiscation of your goods, paying everyone else's attorney fees, injunction against doing business in such goods, and on and on.
Oh yeah, Google Victoria Espinel and see if you think this has Government's attention. Hint: she works in the White House.
If you still have an interest in this line of work, see an IP attorney who will refer you to a criminal defense attorney when you get arrested or a bankruptcy attorney if you don't get arrested.
I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.