Will I go to jail for Unauthorized Merchandise Scams ?

By Spodek Law Group
August 8, 2024
3 min read
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Will I Go to Jail for Unauthorized Merchandise Scams?

If you're facing charges related to unauthorized merchandise 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 guide you through this difficult time and fight for your rights.

What Are Unauthorized Merchandise Scams?

Unauthorized merchandise scams typically involve selling counterfeit goods or products without proper licensing or authorization. This can include:
  • Selling fake designer clothing, accessories, or electronics
  • Distributing unauthorized copies of copyrighted material like movies or music
  • Marketing products with unauthorized use of trademarks or logos
These scams often take place online through e-commerce sites or social media. Scammers may set up fake online stores or use legitimate platforms to sell counterfeit goods at discounted prices.

Potential Legal Consequences

The legal consequences for unauthorized merchandise scams can vary depending on the specifics of the case. Potential penalties may include:
  • Fines
  • Probation
  • Jail time (in more serious cases)
Factors that can impact sentencing include:
  • The scale and duration of the operation
  • Total financial losses to victims
  • Prior criminal history
  • Cooperation with authorities
For first-time offenders involved in smaller-scale scams, jail time is less likely. However, repeat offenders or those involved in large operations could face incarceration.

Relevant Laws and Statutes

Several federal and state laws may apply to unauthorized merchandise scams:
  • 18 U.S.C. § 2320 - Trafficking in Counterfeit Goods or Services
  • 18 U.S.C. § 371 - Conspiracy to Commit Offense or to Defraud United States
  • 18 U.S.C. § 1343 - Wire Fraud
  • State laws on fraud, theft, and counterfeiting
The specific charges will depend on the nature of the alleged scam. Our attorneys can review the details of your case to determine which laws may apply.

Defenses Against Unauthorized Merchandise Scam Charges

There are several potential defenses we may be able to use, depending on the circumstances:
  • Lack of knowledge - You were unaware the goods were counterfeit
  • Absence of intent to defraud - No deliberate attempt to deceive buyers
  • Authorization - You had proper licensing/permission to sell the items
  • Mistaken identity - You were not actually involved in the scam
  • Entrapment - Law enforcement improperly induced the criminal activity
We'll carefully examine all evidence to build the strongest possible defense strategy for your case.

How Our Attorneys Can Help

At Spodek Law Group, we have extensive experience defending clients against fraud and counterfeiting charges. Our approach includes:
  1. Thoroughly investigating all aspects of the case
  2. Identifying weaknesses in the prosecution's evidence
  3. Negotiating with prosecutors for reduced charges when possible
  4. Aggressively defending your rights in court if necessary
We understand the nuances of federal and state laws related to unauthorized merchandise scams. With our skilled legal representation, you'll have the best chance at a favorable outcome.

Contact Us for a Free Consultation

If you're facing charges related to an unauthorized merchandise scam, don't wait to get legal help. Contact Spodek Law Group today at 212-300-5196 for a free, confidential consultation. Our experienced attorneys are ready to fight for your rights and future.Remember, speaking to law enforcement without an attorney present can harm your case. Let us protect your interests from the start. Call now to get the strong legal defense you deserve.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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