Will I Go to Jail for Name Brand Scams?

If you're facing charges related to name brand scams, you're likely feeling anxious and uncertain about your future. At Spodek Law Group, we understand the stress and fear that comes with potential criminal charges. Our experienced attorneys are here to help guide you through this difficult situation and fight for the best possible outcome.

Understanding Name Brand Scams and Potential Consequences

Name brand scams typically involve selling counterfeit goods or using trademarked logos and branding without authorization. These scams can range from small-scale operations to large criminal enterprises. The potential legal consequences depend on factors like:

• The scale and scope of the operation
• The total value of counterfeit goods sold
• Whether you manufactured the goods or just distributed them
• Your level of involvement in the overall scheme
• Any prior criminal history

In serious cases involving large-scale operations, federal charges may be brought under statutes like:

• 18 U.S.C. § 2320 - Trafficking in Counterfeit Goods or Services
• 18 U.S.C. § 1341 - Mail Fraud
• 18 U.S.C. § 1343 - Wire Fraud

Penalties for federal trademark counterfeiting can include up to 10 years in prison and fines up to $2 million for individuals or $5 million for organizations. Repeat offenders may face up to 20 years in prison.However, many name brand scam cases are prosecuted at the state level under laws prohibiting trademark counterfeiting, forgery, and fraud. Penalties vary by state but often include:

• Misdemeanor charges for small-scale offenses
• Felony charges for larger operations
• Fines
• Probation
• Potential jail time, especially for repeat offenders

For example, in New York, trademark counterfeiting in the second degree (NY Penal Law § 165.72) is a Class E felony punishable by up to 4 years in prison. First-time offenders may be eligible for probation instead of jail time.

Factors That Influence Potential Jail Time

When it comes to name brand scams, several key factors influence whether you're likely to face jail time: Our experienced attorneys will carefully analyze all aspects of your case to build the strongest possible defense strategy. We'll work to highlight mitigating factors that could help you avoid jail time.

Legal Defenses Against Name Brand Scam Charges

There are several potential defenses we may be able to use in your case, depending on the specific circumstances:

• Lack of knowledge: You were unaware the goods were counterfeit
• Absence of intent to defraud: You believed you were selling authentic goods
• First Sale Doctrine: You purchased authentic goods and resold them legally
• Fair Use: Your use of trademarked logos falls under fair use exceptions
• Insufficient evidence: Prosecutors can't prove all elements of the crime beyond a reasonable doubt

In the case of United States v. Diallo, 476 F. Supp. 2d 497 (W.D. Pa. 2007), the court found that the defendant lacked the requisite knowledge and intent to be convicted of trafficking in counterfeit goods. This highlights the importance of challenging the prosecution's evidence on all elements of the crime.

How Our Attorneys Can Help You Avoid Jail Time

At Spodek Law Group, our experienced criminal defense attorneys will fight aggressively to protect your rights and freedom. Here's how we can help:

1. Thorough case analysis: We'll carefully review all evidence and identify weaknesses in the prosecution's case.
2. Negotiation with prosecutors: In many cases, we can negotiate for reduced charges or alternative sentencing options that avoid jail time.
3. Presenting mitigating factors: We'll highlight positive aspects of your background and any extenuating circumstances to argue for leniency.
4. Exploring diversion programs: For first-time offenders, we may be able to get you into a diversion program that results in dismissed charges upon completion.
5. Aggressive trial defense: If necessary, we'll take your case to trial and fight for an acquittal.

Don't face these serious charges alone. Contact Spodek Law Group today at 212-300-5196 for a free consultation. Our skilled attorneys will evaluate your case and help you understand your options for avoiding jail time.

The Importance of Experienced Legal Representation

When facing potential criminal charges for name brand scams, having an experienced attorney on your side can make all the difference. At Spodek Law Group, we have a proven track record of successfully defending clients against trademark and counterfeiting charges.Our founding partner, Todd Spodek, has extensive experience handling complex federal cases. He understands the nuances of trademark law and how to effectively challenge the prosecution's evidence. With our team on your side, you'll have a powerful advocate fighting to protect your rights and freedom.We know that being accused of a crime is stressful and scary. That's why we take a compassionate, client-focused approach. We'll take the time to listen to your side of the story and address all your concerns. Throughout your case, we'll keep you fully informed and involved in all decision-making.

Don't Wait to Get Legal Help

If you're under investigation or have been charged with involvement in a name brand scam, time is of the essence. The sooner you contact an experienced attorney, the better your chances of a positive outcome. Early intervention allows us to:

• Protect your rights during questioning
• Prevent you from making self-incriminating statements
• Begin gathering exculpatory evidence
• Negotiate with prosecutors before charges are filed
• Potentially get charges reduced or dismissed

Don't try to handle this situation on your own. The complex laws around trademark infringement and counterfeiting require skilled legal representation. Our attorneys have the knowledge and experience to guide you through this difficult process and fight for the best possible result.

Contact Spodek Law Group Today

At Spodek Law Group, we're committed to providing aggressive, effective defense for those accused of name brand scams and other white collar crimes. We have the resources and expertise to take on even the most complex federal cases.If you're facing potential criminal charges, don't wait. Contact us today at 212-300-5196 for a free, confidential consultation. We'll review your case, explain your options, and develop a strong defense strategy tailored to your unique situation.Remember, an accusation is not the same as a conviction. With the right legal team on your side, it's possible to avoid jail time and protect your future. Let Spodek Law Group fight for you.