If you’re facing charges under 18 USC Section 2320, it’s crucial to consult with legal professionals to understand your rights and explore potential defenses. The Law Offices Of Jonathan F. Marshall focuses in federal criminal defense and can provide you with the legal guidance you need in a federal counterfeiting case. Don’t leave your future to chance; get in touch with us today for focused, professional legal assistance. Contact us at (877) 534-7338 or online to schedule a consultation.
The federal law 18 USC Section 2320 specifically addresses the crime of trafficking in counterfeit goods or services. This statute lays out what constitutes an offense, the penalties for those found guilty, as well as certain defenses and special conditions. While counterfeit activity may seem like a minor issue to some, it carries severe penalties and is taken extremely seriously under federal law. Below, we’ll delve into each Section of this statute to help you understand the specifics.
Offenses Under 18 USC Section 2320
The law identifies four main types of offenses related to trafficking in counterfeit goods or services. These are:
- Trafficking in services or goods while knowingly employing a counterfeit or fraudulent mark.
- Trafficking in labels, patches, stickers, and other similar items, knowing that they bear a counterfeit mark.
- Trafficking in counterfeit military goods or services, the malfunction of which could harm national security or cause bodily injury or death.
- Trafficking in drugs while knowingly employing a fraudulent or counterfeit mark.
The law also covers attempts or conspiracies to commit any of the above-listed offenses.
Penalties For Offenses
Penalties differ based on the nature of the offense and whether the offender is an individual or an entity. The typical penalties are:
- A fine not exceeding $2,000,000 or imprisonment for up to 10 years, or both, for individuals.
- For entities, the fine can go up to $5,000,000.
For second or subsequent offenses, the penalties are more severe:
- Up to $5,000,000 fine or 20 years of imprisonment, or both, for individuals.
- For entities, the fine can go up to $15,000,000.
Additionally, if the offense causes or attempts to cause serious bodily injury, the individual could face a fine of up to $5,000,000 or 20 years of imprisonment, or both. In cases involving death, the penalties could go up to life imprisonment.
For offenses related to counterfeit military goods or counterfeit drugs, penalties include a fine up to $5,000,000, 20 years of imprisonment, or both for individuals and up to $15,000,000 for entities. For subsequent offenses, the penalties could reach up to $15,000,000 and 30 years of imprisonment for individuals, and up to $30,000,000 for entities.
Forfeiture, Destruction, And Restitution
The law allows for the forfeiture and destruction of counterfeit goods and services. Restitution can also be made subject to Section 2323, along with any other remedies under the law.
Defenses And Limitations
The law allows defenses that would be applicable under the Lanham Act. It is the defendant’s responsibility to prove these defenses by a preponderance of the evidence.
Definitions And Special Conditions
The law also sets forth the definitions of terms like “counterfeit mark,” “financial gain,” and “counterfeit military good or service.” It specifies that the United States cannot bring a criminal action for the repackaging of genuine goods or services that are not intended to deceive or confuse.
Defenses To Trafficking In Counterfeit Goods Or Services Under 18 USC Section 2320
Affirmative Defenses And Limitations On Remedies
Section (d) of 18 USC Section 2320 states that all affirmative defenses, defenses, and restrictions on remedies that could be applied in a legal action per the Lanham Act shall also be applicable in a prosecution under this Section. The Lanham Act is a piece of federal legislation that deals with trademarks and unfair competition, and it provides various defenses like fair use, parody, and consent from the trademark owner.
In the eyes of 18 USC Section 2320, a defendant bears the burden of proof for any affirmative defense. That means you have to produce evidence to show, by a preponderance of the evidence, that your action should be excused under a Lanham Act defense. Essentially, if you can demonstrate that you would not be liable for trademark infringement under the Lanham Act, then you can use this as a defense against charges of trafficking in counterfeit goods or services under 18 USC Section 2320.
Defenses Specific To Genuine Goods
Section (g) of the statute provides another crucial defense. According to this Section, repackaging of genuine goods or services not intended to deceive or confuse is not a criminal act under this law. This would mean that if you are involved in the legitimate repackaging of authentic goods and there’s no intent to deceive consumers into thinking they’re getting something other than the genuine article, you may have a valid defense under this statute.
Understanding The Role Of Intent
The statute explicitly states that offenses are committed by “whoever intentionally” engages in counterfeit trafficking. This means that intent plays a crucial role in any prosecution under this statute. If you can demonstrate that you did not knowingly or intentionally engage in counterfeit trafficking, this could serve as a significant defense in your case.
Frequently Asked Questions About Trafficking In Counterfeit Goods Or Services (18 USC Section 2320)
What Does 18 USC Section 2320 Cover?
18 USC Section 2320 is a federal statute that targets individuals and entities involved in trafficking counterfeit goods or services. This includes intentionally using counterfeit trademarks, labels, or packaging, and knowingly selling counterfeit products.
What Are The Penalties Under 18 USC Section 2320?
Penalties for violating this statute are severe and can include hefty fines and imprisonment. The specific penalties depend on the type and value of counterfeit goods involved, whether the defendant is a repeat offender, and other factors. It’s crucial to consult a legal professional for tailored counsel.
What Role Does Intent Play In A Case?
One key aspect of 18 USC Section 2320 is the role of intent. The law specifically applies to “whoever intentionally” traffics counterfeit goods or services. So, if you can prove you lacked the intent to deceive or defraud, it could serve as a significant defense.
Can I Use Defenses Available Under The Lanham Act?
Yes, according to Section (d) of 18 USC Section 2320, all affirmative defenses, defenses, and restrictions on remedies that could be applied in a legal action per the Lanham Act shall also be applicable in a case under this statute. However, the burden of proof lies with the defendant to establish these defenses.
Is Repackaging Of Genuine Goods Illegal Under This Statute?
No, repackaging genuine goods is not necessarily a criminal act under this law. As per Section (g) of the statute, if the repackaging is not intended to deceive or confuse, then it does not fall under the purview of illegal activities under 18 USC Section 2320. It’s important to note that repackaging genuine goods could still be illegal under other laws.
Federal Counterfeit Goods Lawyer
If you’re facing charges under 18 USC Section 2320, it’s essential to consult an experienced legal team to understand your rights and defenses. The federal counterfeiting lawyers at The Law Offices of Jonathan F. Marshall are well-equipped to help you through the complexities of federal law. To discuss your case and explore your options, contact us at (877) 534-7338 or get in touch online. Don’t risk your future; get the professional legal representation you need today.
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