Counterfeiting Defense in Philadelphia
Former-Prosecutor Insight for State & Federal Counterfeiting Allegations
Mincey Fitzpatrick Ross, LLC represents people facing allegations involving counterfeit goods, marks, labels, packaging, online sales, and other commercial activity. We identify the precise statute at issue because Pennsylvania trademark counterfeiting and federal trafficking offenses have different elements and consequences.
A case may turn on what you knew, whether you intended to sell or transfer the items, who controlled the inventory, and how investigators obtained merchandise, devices, records, or communications. We examine those questions before determining how to challenge the government’s allegations.
If you’re being questioned, investigated, arrested, or charged, call (215) 550-1999 for a free consultation with our criminal defense team.
What Pennsylvania Trademark Counterfeiting Charges Involve
Pennsylvania’s trademark counterfeiting statute, 18 Pa.C.S. § 4119, covers knowingly manufacturing, selling, offering for sale, displaying, advertising, distributing, or transporting goods or services identified by a counterfeit mark. The prosecution must also address whether the alleged conduct involved an intent to sell or transfer the items for commercial advantage or private financial gain.
The grading of an offense depends on the charged conduct and facts. Relevant factors may include prior convictions, alleged manufacture or production, the number of items, and their aggregate retail value.
Potential consequences under Pennsylvania law may include:
- Misdemeanor or felony prosecution: The classification depends on the statute’s grading provisions and the filed allegations.
- Seizure and forfeiture: Authorities may seek counterfeit items, proceeds, tools, equipment, or other property allegedly connected to the offense.
- Restitution: A conviction may result in an order addressing losses attributed to the conduct.
We examine how items were counted, how retail value was calculated, and whether the evidence supports the required knowledge, intent, and commercial purpose. These details can affect the charges and potential penalties.
How Federal Counterfeiting Allegations Differ
Federal law under 18 U.S.C. § 2320 addresses intentional trafficking in goods or services involving counterfeit marks. It can also cover trafficking in certain labels, packaging, documentation, and related components when the required knowledge and likelihood of confusion, mistake, or deception are alleged.
Federal trademark counterfeiting isn’t interchangeable with counterfeit currency, forgery, or general fraud. Each offense has its own governing law, elements, procedures, and sentencing framework. When federal jurisdiction exists, a Philadelphia case may proceed in the United States District Court for the Eastern District of Pennsylvania.
State and federal authorities may examine related conduct, but the potential charges aren’t identical. We first determine who is investigating, which law applies, and whether the case remains under investigation or has advanced to formal charges.
How We Build a Counterfeiting Defense
We build the defense around the charging documents and evidence, not a broad label. Depending on the circumstances, our work may include:
- Reviewing the accusation: We analyze charging documents, police reports, warrants, and available evidence.
- Investigating the facts: We assess alleged knowledge, intent, possession or control, commercial purpose, item counts, valuation, and the authenticity of the disputed mark.
- Evaluating government conduct: We examine searches, seizures, interrogations, and the collection of digital or business records.
- Addressing pretrial issues: We file appropriate motions and respond to evidentiary or procedural disputes.
- Preparing for each possible path: We negotiate with prosecutors when appropriate while preparing for hearings or trial when necessary.
Don’t alter, discard, or destroy records, messages, inventory information, or other potential evidence. You should also avoid discussing the facts with investigators or prosecutors before receiving legal advice.
More Than 100 Years of Combined Attorney Experience
Our attorneys have more than 100 years of combined experience, and several are former prosecutors who understand how the government evaluates and presents criminal cases. We have helped thousands of people address criminal defense problems and represent clients in both state and federal courts.
We prepare each case for motions, negotiations, hearings, and trial while giving personal attention to the evidence, jurisdiction, and immediate decisions facing the client.
