Trafficking Counterfeit Goods

Trafficking Counterfeit Goods
If you’re on our website, it’s because you’re in legal trouble - and need the best criminal defense attorney. At Spodek Law Group P.C., we know trafficking counterfeit goods isn’t just a minor issue-it can carry serious federal or state penalties. Under 18 U.S.C. § 2320, trafficking or attempting to traffic in counterfeit merchandise can lead to years in prison, large fines, or both. If your situation involves interstate commerce, or online sales that cross state lines, it’s likely the federal government will step in. Many of our clients are shocked when they realize local police, federal agencies, and brand owners might all be aiming to build a case against them.

What is trafficking in counterfeit goods?

We have over 50 years of combined experience handling extremely difficult legal issues nationwide, including high-stakes federal matters. Prosecutors often rely on claims of “massive losses” to the brands or to the economy, and they use that narrative to push for severe consequences. Our job is to challenge those allegations, piece by piece, and minimize the impact on your future.

What is the federal statute for counterfeit goods?

Clients frequently ask why the U.S. Attorney’s Office gets involved in what appears to be a local transaction. Typically, interstate commerce triggers federal jurisdiction. If you were shipping products across state lines or using online platforms to distribute items, the government might claim federal authority under the Commerce Clause. Sometimes, you’ll see dual investigations-federal and local authorities teaming up. Our goal is to figure out if there’s an issue with double jeopardy, or if the state-level charges overlap improperly with federal allegations. Whenever possible, we argue that the government is overreaching and that not all the evidence belongs in federal court.

Potential Penalties and What You’re Up Against

Under 18 U.S.C. § 2320, first-time offenders can face up to 10 years in prison. If you have prior convictions, or the goods have a high “retail value,” penalties may climb even higher. Fines can be staggering if the government claims your operation caused extensive losses. Once you factor in restitution claims by brand owners, the financial impact can be crushing.

From our perspective, the scope of distribution, your role in the alleged conspiracy, and your intent are all critical. Sometimes the prosecution cites inflated values or claims you were the “mastermind” when you only played a minor part. If there’s a way to challenge their narrative, we will find it.

Defense Scenarios

Can you get in trouble for buying knockoffs?

Every crime and situation is different, and we create defenses to fit the facts. Below are a few scenarios we’ve encountered or studied in-depth:

1. Unaware of the Counterfeit
   • Scenario: You purchased counterfeit items from what you thought was a reputable supplier. The online shop listed these goods as authentic, and now the feds claim you committed counterfeit fraud.
   • Strategy: We gather invoices, supplier communications, and any Q.C. documentation you have. If we can show you lacked criminal intent, the prosecution’s case weakens significantly.
2. Challenging Valuation of Goods
   • Scenario: The prosecutors assigned to your case claims millions of dollars in losses, based on suggested retail prices of name-brand products.
   • Strategy: We bring in financial experts who can demonstrate the actual street value is much lower, which can substantially reduce sentencing exposure under the Federal Sentencing Guidelines.
3. Minor Role in a Larger Enterprise
   • Scenario: You helped ship parcels, but you had no no control over sourcing or pricing. You had no idea the goods were counterfeit. You just had no idea.
   • Strategy: We focus on your lack of decision-making power, showing you were not part of the alleged leadership or planning. This can support a lower offense level or even lead to dismissed charges.
4. Entrapment or Government Overreach
   • Scenario: Undercover agents persuaded you to get knockoffs you never intended to sell.
   • Strategy: We look into whether law enforcement induced you to commit a crime you wouldn’t otherwise have done. If so, entrapment might apply, and that can be a powerful defense.

If prosecutors have contacted you, or you’ve received a target letter in the mail, or you’re out on bail waiting for arraignment, you probably feel anxious. Our team at Spodek Law Group P.C. is available 24/7. When you reach out, we’ll discuss your case in a risk-free consultation-whether by phone or in person. We encourage you to bring all relevant documentation, so we can start shaping a defense.