
Trafficking in Counterfeit Goods lawyer Near Me
Federal charges for trafficking in counterfeit goods carry severe penalties, including the possibility of lengthy prison sentences and substantial fines. If you are facing an investigation or have been indicted under 18 U.S.C. § 2320 in Virginia, the Eastern District of Virginia, or any federal court, you need an attorney who understands how counterfeiting cases are built by federal prosecutors and who can mount a thorough defense. Law Offices Of SRIS, P.C. Concentrates its practice on federal criminal defense, including cases involving intellectual-property offenses and counterfeit-goods trafficking. Mr. Sris, a former prosecutor, and the firm’s Of Counsel attorneys bring extensive combined experience to every matter. Contact our firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
On This Page
ToggleWhat Trafficking in Counterfeit Goods Means in Federal Court
Under 18 U.S.C. § 2320, it is a federal crime to intentionally traffic in goods or services that bear a counterfeit mark. The statute covers a wide range of conduct, including the manufacture, importation, distribution, and sale of counterfeit products. Because federal agencies such as Immigration and Customs Enforcement (ICE), the Federal Bureau of Investigation (FBI), and the Department of Homeland Security often investigate these offenses, the cases tend to involve extensive documentary evidence, international coordination, and the resources of the U.S. Attorney’s Office. A conviction can result in a prison term of up to 20 years, depending on the nature and scale of the offense, and may also expose the defendant to restitution orders and asset forfeiture.
Federal courts in Virginia, including the U.S. District Court for the Eastern District of Virginia (with divisions in Alexandria, Richmond, Norfolk, and Newport News) and the Western District of Virginia, handle these prosecutions. Because the federal system has no parole and the United States Sentencing Guidelines play a significant role at sentencing, the potential consequences of a counterfeit-goods conviction are often more serious than those in state court. Early involvement of defense counsel is critical. Law Offices Of SRIS, P.C. represents clients in federal courts across Virginia and in other jurisdictions where the firm’s attorneys are admitted.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Federal Trafficking in Counterfeit Goods Cases
Defending against a federal counterfeit-goods charge requires a thorough review of the government’s evidence, an evaluation of the investigative methods used, and a careful analysis of the statutory elements. Mr. Sris and the firm’s Of Counsel attorneys work to identify weaknesses in the prosecution’s case, including challenges to the validity of search warrants, the admissibility of seized product samples, and the reliability of forensic testing. Because many of these investigations involve undercover operations and confidential informants, a careful examination of law enforcement’s conduct is often necessary.
The team also explores whether the charged conduct can be narrowed or recharacterized. Not every unauthorized use of a mark meets the statutory definition of “counterfeit,” and the government must prove beyond a reasonable doubt that the defendant acted with the requisite intent. Where appropriate, Mr. Sris and the firm’s Of Counsel attorneys negotiate with the U.S. Attorney’s Office to seek reduced charges or favorable plea agreements. If a case goes to trial, the group draws on its extensive combined courtroom experience to present the defense effectively. Throughout the process, the client stays informed and involved in every major decision.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., a law firm practicing since 1997. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems gives him a detailed understanding of the financial and documentary evidence that often lies at the heart of federal counterfeit-goods prosecutions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys are experienced litigators who have collectively handled a wide range of federal criminal matters. They work alongside Mr. Sris to prepare cases for trial, negotiate with federal prosecutors, and develop defense strategies that are tailored to the client’s specific situation. The group’s combined experience includes the assessment of expert testimony on product authenticity, trademark validity, and market impact—issues that frequently arise in trafficking-in-counterfeit-goods cases. Results may vary.
Frequently Asked Questions
What is federal trafficking in counterfeit goods?
Federal trafficking in counterfeit goods is the intentional importation, distribution, or sale of products bearing a fake trademark or service mark that is identical to, or substantially indistinguishable from, a registered mark. The offense is prosecuted under 18 U.S.C. § 2320 and can involve everything from luxury goods and electronics to pharmaceuticals and automotive parts. Because the federal government takes intellectual-property enforcement seriously, investigations are often lengthy and carry the possibility of significant prison time upon conviction.
Do I need a lawyer if I am under investigation for trafficking in counterfeit goods?
Yes, you should speak with an attorney as soon as you become aware of an investigation. Federal agents may attempt to interview you before charges are filed, and anything you say can be used against you. An experienced federal criminal defense lawyer can communicate with the government on your behalf, ensure your rights are protected, and begin building a defense strategy before an indictment is returned. Early engagement can make a meaningful difference in the outcome of the case.
How does a federal counterfeit goods case proceed in Virginia?
After an investigation, the case typically begins with the filing of a criminal complaint or the return of a grand-jury indictment in the U.S. District Court for the Eastern or Western District of Virginia. The defendant makes an initial appearance, and the court addresses pretrial release. Discovery follows, during which the government discloses its evidence. Pretrial motions may challenge the admissibility of seized evidence or the sufficiency of the indictment. If the case is not resolved through a plea agreement, it proceeds to trial before a federal district judge or jury.
What are the potential penalties for a conviction under 18 U.S.C. § 2320?
A conviction for trafficking in counterfeit goods can result in a prison sentence of up to 20 years, a fine of up to $5 million for an individual (or higher for organizations), and an order of restitution. The actual sentence is driven by the advisory United States Sentencing Guidelines, which consider the retail value of the infringing goods, the defendant’s role in the offense, and whether the goods posed a risk to public health or safety. Because there is no parole in the federal system, a lengthy sentence means the defendant will serve most of it.
Can a trafficking-in-counterfeit-goods charge be dismissed before trial?
Dismissal is possible if the evidence was obtained in violation of the defendant’s constitutional rights or if the government cannot establish the necessary elements of the offense. Motions to suppress, for example, may lead to the exclusion of key evidence, which can undermine the prosecution’s case. In some situations, a showing that the defendant lacked the required intent to traffic in counterfeit goods may result in the charges being dropped. Past results do not guarantee a similar outcome.
How do I reach a lawyer for a federal counterfeit goods charge?
You can contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Mr. Sris and the firm’s Of Counsel attorneys are available to discuss your situation, answer your questions, and explain how we might approach your defense. The call is confidential, and there is no obligation. We represent clients in federal courts throughout Virginia and across the jurisdictions where our attorneys are admitted.
What should I bring to my first consultation with a federal criminal defense lawyer?
Bring any documents you have received from law enforcement, including a target letter, a subpoena, a search warrant, or a copy of the complaint or indictment. Also bring any correspondence or business records that are relevant to the investigation. If you have already been interviewed by federal agents, be prepared to discuss what was said. The more information you share with your attorney, the better equipped she or he will be to assess the strengths and weaknesses of the government’s case.
Virginia Federal Criminal Defense | Counterfeiting of Obligations or Securities | Mail Fraud Defense | Wire Fraud Defense
U.S. District Court for the Eastern District of Virginia | 18 U.S.C. § 2320 (Cornell Legal Information Institute) | U.S. Attorney’s Office – Eastern District of Virginia
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary.
Case results depend on a variety of factors unique to each case.