ANTI-COUNTERFEITING DEFENSE

If you’re accused of counterfeiting, you face potential prison time. In large cities like New York, local authorities work day and night to crack down on anyone suspected of making or selling fake goods. In places like Chinatown or on certain busy streets near Times Square, officers often seize counterfeit luxury handbags, sneakers, or electronics. If you’re caught, prosecutors won’t hesitate to bring charges, and you could end up in a courtroom facing life-altering penalties.

At Spodek Law Group, we know how overwhelming this can be. We’re a nationwide federal defense law firm created by Todd Spodek, and we’re here to guide you through every aspect of your case. We pride ourselves on being top rated and having over 50 years of combined experience, which means we’ve seen all types of tough legal issues. We’re also unafraid of calling you out if you’re making mistakes. You need hard truths, not empty promises.

UNDERSTANDING COUNTERFEITING AND ITS PENALTIES

Counterfeiting means you’re accused of intentionally copying a product or currency and trying to pass it off as the real thing. Under 18 U.S. Code § 2320 (the federal statute that addresses trafficking in counterfeit goods), a conviction can result in fines and up to 10 years in prison for a first offense. In New York, state laws also carry serious consequences, with penalties that may include jail time, probation, and a permanent criminal record. That record makes it harder to get a job, rent an apartment, or even maintain professional licenses.

If federal agents from CBP (Customs and Border Protection) or the Department of Justice catch you shipping counterfeit items into the country, they have the power to seize your merchandise and arrest you. Once the merchandise is seized, there is no easy fix. The fact that the goods are off the streets doesn’t mean you’re off the hook. You could be asked to pay restitution to victims, lose any business licenses you hold, and face enormous reputational damage.

WHY LOCAL ISSUES MATTER IN NEW YORK

Many people don’t realize how NYC’s diverse marketplaces can attract counterfeiting cases. In popular spots like Canal Street or near certain pop-up markets, vendors sometimes push knockoff brands. Police conduct regular sweeps, and prosecutors use these busts to show they’re tough on crime. That means if you’re even slightly involved—renting a stall, working for a vendor, or storing product in a friend’s warehouse—you might get pulled into an investigation.

We’ve handled cases nationwide, but New York’s zero-tolerance approach to counterfeit crimes adds another layer of complexity. Local authorities cooperate closely with federal agencies, so you need a legal defense that fully understands both state and federal laws.

DEFENSE STRATEGIES WE MIGHT USE

1. Lack of Intent
If we can show you didn’t know the items were fake, the prosecution’s entire theory may collapse. Some people buy goods in bulk, unaware they’re counterfeit, and only discover the problem when agents raid their business. Without intentional wrongdoing, there’s a strong argument to reduce or dismiss charges. That could save you from years of legal battles and protect you from serious fines or jail time.

2. Illegal Search and Seizure
Evidence that was obtained without a proper warrant or probable cause might be thrown out. Once evidence is ruled inadmissible, the prosecutor might lose a critical piece of the case. When that happens, there’s a higher chance your case will be resolved quickly or dropped entirely.

3. Entrapment
If government agents or confidential informants coerced you into dealing in counterfeits, that can be a valid defense. Not every case qualifies as entrapment, but when it applies, it can lead to a dismissal, saving you from a criminal record that could haunt you long after you’ve served any sentence.

4. Mistaken Identity
New York’s bustling markets are crowded. If law enforcement officers arrested you by mistake, you shouldn’t suffer for someone else’s crime. We investigate each piece of evidence—video footage, phone records, eyewitness statements—to show you weren’t the person involved in selling or distributing the counterfeit items.

DIRECT ADVICE FOR YOU

Let’s cut the nonsense. If you think you can handle this alone, you’re kidding yourself. Prosecutors around New York are well-trained, and they want a conviction. They’ll leverage every law at their disposal to put you behind bars, and they won’t lose sleep over it. If you’re going to fight these charges, you need an actual plan.

I won’t tolerate excuses. If you wait too long or fail to bring us all the details, you’re setting yourself up for failure. If you want to win, you need to give us everything—every receipt, email, or import document. Otherwise, the prosecution will tear you apart in court. We’re brutally honest because it works. That’s why we have clients who trust us with their lives.

MENTAL MODELS FOR FIGHTING BACK

Leverage Point: Thorough Investigations
We don’t just scan police reports. We hire investigators, talk to witnesses, and dig deep into government filings. When we find inconsistencies, we use them as leverage to force favorable plea deals or outright dismissals. A single overlooked detail could change everything.

Leverage Point: Understanding Psychology
Many defendants panic, say the wrong thing, or conceal important details out of fear. That’s a mistake. We use our understanding of human behavior to guide you on what to do and how to communicate. When you stay calm and transparent with us, we can build a stronger strategy and keep you out of jail.

FAQ QUICK-REFERENCE TABLE

Question	Quick Answer
Could I go to jail?	Yes. If convicted under federal law, you could face up to 10 years in prison. Under New York state law, you can face years behind bars depending on the case specifics.
Can the case be dropped?	It’s possible. If key evidence was obtained illegally or we show lack of intent, prosecutors may reduce or dismiss charges.
Is a plea bargain an option?	Often, yes. Many cases end with a plea agreement for reduced charges or lighter sentences.
Do I need a lawyer ASAP?	Absolutely. The sooner we can protect you, the better our chances of securing a positive outcome.

TURN TO OUR TEAM

At Spodek Law Group, we’re DEDICATED to delivering the best possible defense. We’ve represented clients in high-profile situations—including tough federal cases—and we’re prepared to fight for you. Call us right away if you need help, or if you just need to hear the truth about what you’re up against.

We’re available 24/7, so don’t wait until it’s too late to make that call.