Federal Counterfeiting Defense Attorney – 18 U.S.C. § 2320
Federal counterfeiting charges are serious white-collar offenses that can carry lengthy prison sentences and substantial financial penalties. Under 18 U.S.C. § 2320, it is a federal crime to intentionally traffic in goods or services while knowingly using a counterfeit trademark.
These cases often involve large companies, substantial financial losses, and federal investigative agencies such as the FBI, Homeland Security Investigations, or the Secret Service.
If you are under investigation or charged with trafficking in counterfeit goods, you need experienced federal criminal defense representation immediately.
Your best hope for a favorable outcome is with a defense attorney at the Hedding Law Firm in Los Angeles. To schedule a consultation, call (866) 986-2092 or use the contact form here.
What Is 18 U.S.C. § 2320?
18 U.S.C. § 2320 criminalizes trafficking in goods or services while knowingly using a counterfeit mark in connection with those goods or services.
To convict someone under § 2320, federal prosecutors must prove:
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The defendant trafficked or attempted to traffic in goods or services;
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The defendant knowingly used a counterfeit mark;
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The use was intentional;
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The counterfeit mark was likely to cause confusion or deceive consumers.
“Trafficking” includes manufacturing, distributing, selling, or offering counterfeit goods for sale.
What Is a Counterfeit Mark?
A counterfeit mark is a spurious mark that is identical or substantially indistinguishable from a registered trademark.
In practical terms, counterfeiting involves:
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Copying a brand name
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Reproducing a protected logo
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Imitating packaging to pass goods off as authentic
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Selling goods falsely labeled as genuine
The core issue is the intent to pass the product as legitimate.
Common Federal Counterfeiting Cases
Federal prosecutions often involve:
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Counterfeit luxury goods
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Counterfeit pharmaceuticals
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Knock-off consumer products
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Fake electronics
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Counterfeit automotive parts
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Online marketplace distribution schemes
Some cases also involve large warehouse operations or import/export schemes.
How Is Counterfeiting Different From Trademark Disputes?
Not every branding dispute is criminal.
Civil trademark infringement cases may involve:
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Similar branding
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Confusingly similar packaging
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Market competition disputes
Criminal counterfeiting requires intentional use of a counterfeit mark designed to deceive consumers. The government must prove knowledge and intent.
Penalties for 18 U.S.C. § 2320
Federal penalties can be severe.
For individuals, penalties may include:
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Up to 10 years in federal prison for a first offense
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Up to 20 years for repeat offenders
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Fines up to $2 million per offense
For organizations:
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Fines up to $5 million
If the offense involves counterfeit drugs or results in serious bodily injury, penalties may increase significantly.
Asset forfeiture is also common in these cases.
Related Federal Counterfeiting Laws
In addition to § 2320, related statutes may include:
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18 U.S.C. § 472 – Possession or passing counterfeit currency
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18 U.S.C. § 2321 – Trafficking in counterfeit labels
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18 U.S.C. § 1343 – Wire fraud
Federal prosecutors often combine multiple charges to increase leverage.
What Factors Affect Sentencing?
Federal sentencing guidelines consider:
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Retail value of counterfeit goods
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Number of items distributed
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Financial gain
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Sophistication of operation
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Role in the offense
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Prior criminal history
Organizers or leaders typically face higher sentencing exposure than minor participants.
Common Defenses to Federal Counterfeiting Charges
Defense strategies depend on the facts but may include:
Lack of knowledge
The defendant did not know the goods were counterfeit.
No intent to deceive
The branding was similar but not intended to pass as authentic.
Invalid trademark
The alleged mark was not properly registered or protected.
No trafficking
The defendant did not manufacture, distribute, or sell the goods.
Unlawful search or seizure
Evidence obtained through improper warrants may be suppressed.
Counterfeiting cases often hinge on proving knowledge and intent.
Frequently Asked Questions
Is selling knock-off products always a federal crime?
Not always. Criminal charges require proof of intentional use of a counterfeit mark.
Can I be charged for importing counterfeit goods?
Yes. Importation of counterfeit products often triggers federal jurisdiction.
What if I was just storing merchandise?
Possession with intent to traffic may still result in charges.
Can assets be seized before trial?
Yes. Federal authorities frequently seek asset forfeiture in counterfeiting cases.
Is counterfeiting always a felony?
Yes. Federal trafficking in counterfeit goods is treated as a felony offense.
Why You Need an Experienced Federal Defense Attorney
Federal counterfeiting cases involve:
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Trademark analysis
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Financial tracing
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Digital evidence
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Search warrants
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Grand jury investigations
An experienced federal criminal defense attorney can:
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Challenge probable cause
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Dispute valuation calculations
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Negotiate with Assistant United States Attorneys
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Present mitigating evidence
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Prepare a trial defense strategy
Early representation can significantly influence charging decisions and potential sentencing exposure.
Speak With a Federal Counterfeiting Defense Attorney
If you are under investigation or charged with violating 18 U.S.C. § 2320, the consequences can be life-altering. Federal prosecutors aggressively pursue counterfeit operations, especially when significant financial losses are alleged.
Contact an experienced federal criminal defense attorney immediately to protect your rights and build a strategic defense.
The Hedding Law Firm is here to help. Schedule your consultation today. Our law firm is based in Los Angeles, CA
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