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How Jury Consultants Assist with Counterfeiting Defenses
How Jury Consultants Assist with Counterfeiting Defenses Understanding the Jury Pool One of the first things a jury consultant will do is conduct research on the demographics and psychographics of the jury pool. This includes gathering data on age, gender, race, education level, occupation, and interests. The consultant will look for trends and commonalities within […]
read moreCrafting the Right Jury Questionnaire in a Counterfeiting Trial
Crafting the Right Jury Questionnaire in a Counterfeiting Trial Selecting the right jury is crucial in any trial, but especially in a counterfeiting case where technical details about trademarks, patents, and intellectual property are involved. A well-crafted jury questionnaire can help lawyers identify biased or unsuitable jurors and select a jury that will be […]
read moreVoir Dire Strategies for Counterfeiting Cases in Federal Court
Voir Dire Strategies for Counterfeiting Cases in Federal Court Picking a jury ain’t easy. Voir dire is tricky biz, especially with counterfeiting. Let’s break it down real simple-like. Know Your Audience First, get inside the minds of your potential jurors. What do they think about knock-offs and fakes? People have mixed feelings. Some don’t mind […]
read moreGiving an Opening Statement that Sways Jurors in Counterfeiting Trials
Giving an Opening Statement that Sways Jurors in Counterfeiting Trials Giving an effective opening statement is crucial for any attorney, but especially for prosecutors in counterfeiting cases. Counterfeiting often seems like a victimless crime to jurors; so it’s vital that the prosecution sway them early on. This article provides tips on how to craft […]
read moreEffective Cross Examination of Prosecution Witnesses in Counterfeiting Trials
Effective Cross Examination of Prosecution Witnesses in Counterfeiting Trials Cross examination is a critical skill for any defense attorney in a counterfeiting trial. The prosecution’s case often relies heavily on witness testimony to try to prove the elements of counterfeiting and implicate the defendant. As the defense, cracking these witnesses on cross can completely undermine […]
read moreWorking with Prosecution Experts in Federal Counterfeiting Trials
Working with Prosecution Experts in Federal Counterfeiting Trials When defending a client against federal counterfeiting charges, one of the key challenges is preparing for and cross-examining the prosecution’s expert witnesses. Prosecution experts can provide compelling testimony on the technical aspects of counterfeiting, making the defendant’s job of refuting the charges much harder. However, with […]
read moreHow Defense Experts Can Defeat Prosecution Experts in Court
How Defense Experts Can Defeat Prosecution Experts in Court When preparing for a trial as a defense expert, one of the key challenges is figuring out how to counter the prosecution’s experts. Prosecution experts often come across as highly credible given their experience and credentials. So how can defense experts level the playing field? Understand […]
read moreUsing Jury Instructions to Your Advantage in a Counterfeiting Trial
Using Jury Instructions to Your Advantage in a Counterfeiting Trial Counterfeiting cases can seem daunting to defend, but paying close attention to the jury instructions can provide opportunities to argue your case more persuasively. Here’s an overview of how to use jury instructions to your advantage if you’re defending a counterfeiting case. Understand the Elements […]
read moreHow Presumptive Sentencing Applies in Federal Counterfeiting Cases
How Presumptive Sentencing Applies in Federal Counterfeiting Cases Counterfeiting cases at the federal level are governed by specific laws and regulations. There are mandatory minimum sentences that apply when someone is convicted of certain counterfeiting offenses. However, judges have some discretion in applying these sentences. This article will explain the key aspects of presumptive sentencing […]
read moreArguing for Variances and Departures at Counterfeiting Sentencings
Arguing for Variances and Departures at Counterfeiting Sentencings Sentencing in federal counterfeiting cases can be complex. The federal sentencing guidelines provide a framework for determining sentences, but judges have discretion to impose sentences outside the guideline range through variances and departures. Defense attorneys have several strategies to argue for more lenient sentences below the guidelines. […]
read moreUsing Sentencing Memorandums to Sway Judges in Counterfeiting Cases
Using Sentencing Memorandums to Sway Judges in Counterfeiting Cases If you’ve been charged with counterfeiting – whether counterfeiting money, trademarks, copyrighted works, or other intellectual property – you may be facing serious penalties. Judges have a lot of discretion in sentencing for counterfeiting convictions. A well-written sentencing memorandum can be crucial in getting the most […]
read moreSeeking Bail Pending Appeal After a Counterfeiting Conviction
Seeking Bail Pending Appeal After a Counterfeiting Conviction Getting convicted of counterfeiting can be a scary thing. You feel like your life is over and that you’ll be locked up forever. But don’t lose hope! There are still options, like seeking bail pending appeal. This allows you to fight your conviction while remaining free on […]
read moreCharges for Selling Counterfeit Drugs, Cosmetics and Healthcare Items
Charges for Selling Counterfeit Drugs, Cosmetics and Healthcare Items Selling counterfeit drugs, cosmetics, and healthcare items is illegal and can result in serious criminal charges. While some people may think it’s harmless to sell fake makeup or medicines, there are good reasons these laws exist. Counterfeit products put people’s health and safety at risk. Why […]
read moreAvoiding Criminal Penalties for Unknowingly Selling Fake Goods
Avoiding Criminal Penalties for Unknowingly Selling Fake Goods Selling counterfeit goods can lead to serious criminal penalties, even if you didn’t realize the goods were fake. As an online seller, it’s important to educate yourself on how to avoid accidentally trafficking in counterfeits. This article will discuss common defenses, legal implications, and steps you can […]
read moreChallenging Overbroad Injunctions in Federal Counterfeiting Cases
Challenging Overbroad Injunctions in Federal Counterfeiting Cases Counterfeiting is a huge problem that costs U.S. businesses billions of dollars every year. Trademark owners have been taking aggressive legal action against counterfeiters under the Lanham Act. However, some of these injunctions have been overbroad and unfairly restrict lawful competition. Background on Trademark Counterfeiting Litigation The Lanham […]
read moreHow Cooperation Can Lead to Reduced Charges in Counterfeiting Cases
How Cooperation Can Lead to Reduced Charges in Counterfeiting Cases Getting caught committing a crime like counterfeiting can be scary. The penalties can potentially include years in prison and steep fines. However, cooperating with authorities by providing information about others involved can sometimes lead to reduced charges or even avoidance of prosecution altogether. What Is […]
read morePlea Bargaining Strategies for Reduced Penalties in Counterfeiting Cases
Plea Bargaining Strategies for Reduced Penalties in Counterfeiting Cases Plea bargaining is a common practice in the criminal justice system where a defendant pleads guilty to a lesser offense in exchange for a more lenient sentence. This can be an effective strategy for defendants facing counterfeiting charges to reduce penalties. Here are some tips on […]
read moreDefending Against Counterfeiting Charges With No Criminal Record
Defending Against Counterfeiting Charges With No Criminal Record Being accused of counterfeiting can be scary, especially if you don’t have any prior criminal record. But there are ways to build an effective defense even if it’s your first run-in with the law. This article will walk you through some strategies and what to expect […]
read moreHow Counterfeiting Laws Differ from Forgery, Fraud and Piracy
How Counterfeiting Laws Differ from Forgery, Fraud and Piracy Counterfeiting, forgery, fraud, and piracy are all illegal activities that involve making or distributing unauthorized copies of something valuable. But there are important differences between these crimes that determine how they are defined and prosecuted under the law. Counterfeiting Counterfeiting specifically refers to making knockoff copies […]
read moreUsing the De Minimis Defense in Federal Counterfeiting Cases
Using the De Minimis Defense in Federal Counterfeiting Cases Counterfeiting cases can seem really scary. The penalties are super harsh. But there are defenses you can use to fight the charges. One little-known defense is called the de minimis defense. This article explains how it works. What is Counterfeiting? Counterfeiting means making or selling something […]
read moreWhen Counterfeiting Investigations Become Unlawful ‘Entrapment’
When Counterfeiting Investigations Become Unlawful Entrapment Counterfeiting is a serious crime that costs businesses billions of dollars every year. However, in their zeal to catch counterfeiters, law enforcement sometimes crosses the line into entrapment. This article examines when counterfeiting investigations become unlawful entrapment. Entrapment is a complex legal defense that can get murky quickly. Basically, […]
read moreAvoiding ‘Obstruction of Justice’ Charges During Investigations
Avoiding ‘Obstruction of Justice’ Charges During Investigations Obstruction of justice charges can come up when you least expect it during an investigation. Even if you think you’re cooperating fully, prosecutors may see things differently. So it’s important to understand what actions could be considered obstruction, and how to avoid accidentally crossing that line. What is […]
read moreHow Informants Secretly Build Counterfeiting Cases for Prosecutors
How Informants Secretly Build Counterfeiting Cases for Prosecutors Counterfeiting is a big problem these days. Lots of people are making fake money, fake designer clothes and handbags, fake medicine, and more. Law enforcement tries to stop counterfeiters, but its hard to catch them in the act. That’s why prosecutors and police rely on informants to […]
read moreSuppressing Evidence From Illegal Searches in Counterfeiting Cases
Suppressing Evidence From Illegal Searches in Counterfeiting Cases Counterfeiting cases involve the production of fake currency or goods that resemble authentic products. Law enforcement often conducts searches to obtain evidence in these investigations. However, searches must comply with legal requirements to protect individuals’ rights. If not, defense attorneys can file motions to suppress evidence […]
read moreHow Asset Forfeiture Applies to Counterfeit Raids and Arrests
How Asset Forfeiture Applies to Counterfeit Raids and Arrests Counterfeit goods are a huge problem in the U.S. and around the world. The trafficking of counterfeit merchandise costs the economy billions of dollars every year in lost revenue and jobs. To crack down on this illegal activity, law enforcement agencies like Homeland Security Investigations […]
read morePreventing Asset Seizures During Federal Counterfeiting Cases
Preventing Asset Seizures During Federal Counterfeiting Cases Getting accused of federal counterfeiting can be scary. The penalties are harsh, and the feds have power to seize assets even before you’re convicted. But there are things you can do to protect yourself and your property. First off, counterfeiting means making or selling something that infringes […]
read moreHow USPTO Records Can Help Prove Authenticity in Court
How USPTO Records Can Help Prove Authenticity in Court Proving authenticity of products, inventions, and intellectual property in court can be challenging. However, records from the United States Patent and Trademark Office (USPTO) can provide valuable evidence to establish authenticity and strengthen legal cases. Patents as Proof Patents provide powerful legal protection for inventions and […]
read moreUsing Trademark Registration Records to Fight Counterfeiting
Using Trademark Registration Records to Fight Counterfeiting Counterfeit goods are a huge problem worldwide. The International Chamber of Commerce estimates the value of counterfeit and pirated goods globally to be about $500 billion per year. And that number keeps rising as e-commerce makes it easier than ever for counterfeiters to sell fake goods online. […]
read moreHow Homeland Security Investigates Trafficking of Fakes
How Homeland Security Investigates Trafficking of Fakes Homeland Security agencies like Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and Homeland Security Investigations (HSI) work to combat trafficking of counterfeit goods. Between 2017-2018, CBP and HSI seized over $31 million in fake perfumes from China 1. In November 2022, HSI and NYPD announced […]
read moreImporting and Exporting Counterfeit Goods Across State Lines
Importing and Exporting Counterfeit Goods Across State Lines Buying counterfeit goods online has become super common these days. I mean, who doesn’t love a good deal on a designer handbag or new pair of sneakers? But there’s a lot more to counterfeit goods than just scoring a bargain – there’s actually a whole bunch […]
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