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How Private Investigators Can Strengthen Counterfeiting Defenses
Contents1 How Private Investigators Can Strengthen Counterfeiting Defenses1.1 Conducting Undercover Investigations1.2 Surveillance to Identify Counterfeiters1.3 Mystery Shopping for Enforcement1.4 Locating Counterfeit Operations1.5 Probing Financial Transactions1.6 Uncovering Identities of Counterfeiters1.7 Securing Crucial Evidence for Court Cases1.8 Consulting on Anti-Counterfeiting Strategies1.9 Coordinating Global Investigations1.10 Neutral Third-Party Perspective1.11 Cost-Effective Security Solution1.12 Specialization in Counterfeiting Investigations1.13 No Subpoena […]
read moreHow Polygraph Tests Can Support Counterfeiting Defenses
Contents1 How Polygraph Tests Can Support Counterfeiting Defenses1.1 What is a Polygraph Test and How Does it Work?1.2 Limitations of Polygraph Tests1.3 Polygraph Testing in Counterfeiting Cases1.4 Using Polygraph Results to Support Defenses1.5 Selecting a Qualified Examiner is Critical1.6 Using Polygraph Strategically Based on Case Circumstances1.7 Polygraph Testing Process Safeguards1.8 Conclusion How Polygraph Tests […]
read moreWinning Jury Sympathy in a Federal Counterfeiting Trial
Contents1 Winning Jury Sympathy in a Federal Counterfeiting Trial1.1 First, Understand the Elements Prosecutors Must Prove1.2 Next, Focus Jury Selection on Finding Sympathetic Jurors1.3 Craft Your Story to Humanize You1.4 Use Visuals to Increase Empathy1.5 Leverage Expert Witnesses to Normalize Your Actions1.6 Refute Damaging Claims with Alternative Explanations1.7 Show Authentic Remorse Through Tearful Apologies1.8 Connect […]
read moreHow Jury Consultants Assist with Counterfeiting Defenses
Contents1 How Jury Consultants Assist with Counterfeiting Defenses1.1 Understanding the Jury Pool1.2 Questioning Jurors1.3 Preparing Witnesses1.4 Crafting Opening Statements1.5 Preparing Cross-Examination1.6 Crafting a Closing Argument1.7 Interpreting Jury Reactions1.8 Polling After a Verdict1.9 Conclusion How Jury Consultants Assist with Counterfeiting Defenses Understanding the Jury Pool One of the first things a jury consultant will do is […]
read moreCrafting the Right Jury Questionnaire in a Counterfeiting Trial
Contents1 Crafting the Right Jury Questionnaire in a Counterfeiting Trial1.1 Go Beyond Demographics1.2 Ask About Legal Experience1.3 Include Trademark and Patent Questions1.4 Ask About Brand Loyalty1.5 Ask About Counterfeiting Penalties1.6 Use Open-Ended Questions1.7 Test Different Question Phrasings1.8 Use Plain, Simple Language1.9 Keep it Concise1.10 Apply Lessons from Past Cases1.11 Collaborate with Co-Counsel1.12 Make Sure […]
read moreVoir Dire Strategies for Counterfeiting Cases in Federal Court
Contents1 Voir Dire Strategies for Counterfeiting Cases in Federal Court1.1 Know Your Audience1.2 Educate on the Law1.3 Address Skepticism of Law’s Fairness1.4 Probe Past Experience1.5 Look for Leaders1.6 Sell Your Theory of the Case1.7 Be Folksy1.8 Conclusion1.9 References Voir Dire Strategies for Counterfeiting Cases in Federal Court Picking a jury ain’t easy. Voir dire is […]
read moreGiving an Opening Statement that Sways Jurors in Counterfeiting Trials
Contents1 Giving an Opening Statement that Sways Jurors in Counterfeiting Trials1.1 Connect with the Jury1.2 Explain the Harms of Counterfeiting1.3 Outline the Strength of Your Case1.4 Address Potential Weaknesses Head-On1.5 Use Visual Aids1.6 Quote Relevant Laws1.7 Foreshadow the Sentence You Will Seek1.8 Keep It Concise1.9 Check Your Body Language1.10 Practice Extensively Beforehand1.11 References Giving […]
read moreEffective Cross Examination of Prosecution Witnesses in Counterfeiting Trials
Contents0.1 Effective Cross Examination of Prosecution Witnesses in Counterfeiting Trials1 Know the Elements of the Crime1.1 Investigate Witnesses Thoroughly1.2 Lock In Favorable Testimony1.3 Use Demonstratives1.4 Highlight Inconsistencies1.5 Use Leading Questions1.6 Conclusion Effective Cross Examination of Prosecution Witnesses in Counterfeiting Trials Cross examination is a critical skill for any defense attorney in a counterfeiting trial. The […]
read moreWorking with Prosecution Experts in Federal Counterfeiting Trials
Contents1 Working with Prosecution Experts in Federal Counterfeiting Trials1.1 Understanding the Prosecution’s Case1.2 Researching the Expert’s Background1.3 Filing Daubert Motions1.4 Deposing the Expert Pre-Trial1.5 Hiring Rebuttal Experts1.6 Preparing Rigorous Cross-Examination1.7 Educating the Jury1.8 Attacking the Expert’s Bias1.9 Holding Experts Accountable1.10 Highlighting Lack of Actual Experience1.11 Emphasizing Lack of Specialization1.12 Attacking Unreliable Methodology1.13 Introducing Exculpatory […]
read moreHow Defense Experts Can Defeat Prosecution Experts in Court
Contents1 How Defense Experts Can Defeat Prosecution Experts in Court1.1 Understand the Prosecution’s Case1.2 Frame Your Qualifications Carefully1.3 Anticipate Their Arguments1.4 Demonstrate an Independent Assessment1.5 Use Clear Visuals1.6 Connect with the Jury1.7 Anticipate Tricky Questions1.8 Redirect Criticisms1.9 Embrace Concessions When Reasonable How Defense Experts Can Defeat Prosecution Experts in Court When preparing for a trial […]
read moreUsing Jury Instructions to Your Advantage in a Counterfeiting Trial
Contents1 Using Jury Instructions to Your Advantage in a Counterfeiting Trial1.1 Understand the Elements of Counterfeiting1.2 Look for Missing Elements1.3 Attack Intent1.4 Request Clarifications1.5 Argue Your Theory of Defense1.6 Anticipate the Rebuttal2 Using Jury Nullification3 Educating Juries About the Harms of Mass Incarceration4 Highlighting Weaknesses in the Prosecution’s Case5 Conclusion5.1 Citations Using Jury Instructions to […]
read moreHow Presumptive Sentencing Applies in Federal Counterfeiting Cases
Contents1 How Presumptive Sentencing Applies in Federal Counterfeiting Cases1.1 Counterfeiting Laws1.2 Mandatory Minimum Sentences1.3 Sentencing Guidelines1.3.1 How the Guidelines Work1.4 Downward Departures from Guidelines1.5 Upward Departures from Guidelines1.6 Common Defenses in Counterfeiting Cases1.7 Takeaways How Presumptive Sentencing Applies in Federal Counterfeiting Cases Counterfeiting cases at the federal level are governed by specific laws and regulations. […]
read moreArguing for Variances and Departures at Counterfeiting Sentencings
Contents1 Arguing for Variances and Departures at Counterfeiting Sentencings2 Overview of Federal Sentencing3 Challenging the Loss Amount4 Mitigating Role Adjustment5 Challenging Sentencing Enhancements6 Departures Based on Overstated Loss7 Family Ties and Responsibilities Departure8 Aberrant Behavior Departures9 Variance Arguments Under 18 U.S.C. § 3553(a)10 Conclusion11 References Arguing for Variances and Departures at Counterfeiting Sentencings Sentencing in […]
read moreUsing Sentencing Memorandums to Sway Judges in Counterfeiting Cases
Contents1 Using Sentencing Memorandums to Sway Judges in Counterfeiting Cases1.1 Key Components1.2 Discussing Mitigating Factors1.3 Analyzing Relevant Factors1.4 Sentencing Recommendation1.5 Writing an Effective Sentencing Memorandum1.6 Common Defenses 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 […]
read moreSeeking Bail Pending Appeal After a Counterfeiting Conviction
Contents1 Seeking Bail Pending Appeal After a Counterfeiting Conviction1.1 What is Bail Pending Appeal?1.2 Challenges to Getting Bail with Counterfeiting1.3 Building a Strong Case for Bail Pending Appeal1.4 Possible Grounds for Appeal with Counterfeiting Charges1.5 What to Expect at a Bail Hearing1.6 Your Chances of Getting Bail Pending Appeal1.7 References Seeking Bail Pending Appeal After […]
read moreCharges for Selling Counterfeit Drugs, Cosmetics and Healthcare Items
Contents1 Charges for Selling Counterfeit Drugs, Cosmetics and Healthcare Items1.1 Why Selling Counterfeits is Dangerous1.2 Federal Charges for Trafficking Counterfeit Drugs1.3 State Laws Against Counterfeits1.4 Defenses to Counterfeit Charges1.5 Civil Liability for Counterfeits1.6 Conclusion1.6.1 References Charges for Selling Counterfeit Drugs, Cosmetics and Healthcare Items Selling counterfeit drugs, cosmetics, and healthcare items is illegal and can […]
read moreAvoiding Criminal Penalties for Unknowingly Selling Fake Goods
Contents1 Avoiding Criminal Penalties for Unknowingly Selling Fake Goods1.1 Ignorance is Not Always a Defense1.2 Civil vs. Criminal Penalties1.3 Your Customer Isn’t Safe Either1.4 Spotting Counterfeit Goods1.5 Best Practices for Avoiding Counterfeits1.6 What To Do if You Receive a Counterfeiting Complaint1.7 The Bottom Line Avoiding Criminal Penalties for Unknowingly Selling Fake Goods Selling counterfeit goods […]
read moreChallenging Overbroad Injunctions in Federal Counterfeiting Cases
Contents1 Challenging Overbroad Injunctions in Federal Counterfeiting Cases1.1 Background on Trademark Counterfeiting Litigation1.2 Overbroad Injunctions1.3 Challenging Overbroad Injunctions1.4 Conclusion 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, […]
read moreHow Cooperation Can Lead to Reduced Charges in Counterfeiting Cases
Contents1 How Cooperation Can Lead to Reduced Charges in Counterfeiting Cases1.1 What Is Counterfeiting?1.2 Why Do People Commit Counterfeiting?1.3 What Are the Penalties for Counterfeiting?1.4 How Could Cooperating Lead to Reduced Charges?1.4.1 What Kinds of Cooperation Help Reduce Charges?1.4.2 What Are the Risks of Cooperating?1.5 Consult an Attorney About Cooperation Benefits and Risks How Cooperation […]
read morePlea Bargaining Strategies for Reduced Penalties in Counterfeiting Cases
Contents1 Plea Bargaining Strategies for Reduced Penalties in Counterfeiting Cases1.1 Assess the Strength of the Prosecution’s Case1.2 Understand the Potential Penalties1.3 Offer to Cooperate1.4 Emphasize Limited Role1.5 Offer Restitution1.6 Plead to a Lesser Charge1.7 Request a Sentencing Recommendation1.8 Negotiate the Facts1.9 Don’t Admit More Than Necessary1.10 Ask for Probation1.11 Request Leniency Programs1.12 Don’t Accept the […]
read moreDefending Against Counterfeiting Charges With No Criminal Record
Contents1 Defending Against Counterfeiting Charges With No Criminal Record1.1 What is Counterfeiting?1.2 Common Defenses Against Counterfeiting1.2.1 You Didn’t Know the Goods Were Counterfeit1.2.2 You Weren’t the One Who Made the Counterfeits1.2.3 The Items Weren’t Being Sold as Authentic1.2.4 You Can Challenge the Search or Arrest1.2.5 You Can Challenge the Authenticity of the Evidence1.3 What […]
read moreHow Counterfeiting Laws Differ from Forgery, Fraud and Piracy
Contents1 How Counterfeiting Laws Differ from Forgery, Fraud and Piracy1.1 Counterfeiting1.1.1 Why Counterfeiting is Illegal1.2 Forgery1.2.1 How Forgery Differs from Counterfeiting1.3 Fraud1.3.1 How Fraud Compares to Counterfeiting and Forgery1.4 Digital Piracy1.4.1 How Piracy Compares to Counterfeiting and Forgery1.5 Comparing the Scope of These Crimes1.6 Defining Criminal vs Civil Offenses1.7 Defenses and Exemptions1.8 Examples of Enforcement […]
read moreUsing the De Minimis Defense in Federal Counterfeiting Cases
Contents1 Using the De Minimis Defense in Federal Counterfeiting Cases1.1 What is Counterfeiting?1.2 Why are the Penalties So Harsh?1.3 What is the De Minimis Defense?1.4 When Does the De Minimis Defense Work?1.5 What Does the Case Law Say?1.5.1 United States v. Gantos1.5.2 United States v. Shepard1.5.3 United States v. Davenport1.6 What About Fair Use?1.7 Does […]
read moreWhen Counterfeiting Investigations Become Unlawful ‘Entrapment’
Contents1 When Counterfeiting Investigations Become Unlawful Entrapment1.1 Using Deceptive Tactics1.2 Targeting Vulnerable Individuals1.3 Repeated Solicitation1.4 Sting Operations Gone Too Far1.5 Proving Entrapment1.6 A Fine Line 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 […]
read moreAvoiding ‘Obstruction of Justice’ Charges During Investigations
Contents1 Avoiding ‘Obstruction of Justice’ Charges During Investigations1.1 What is Obstruction of Justice?1.2 Why These Charges Are So Common1.3 Common Examples of Obstruction1.4 Avoiding Obstruction Charges1.5 The Bottom Line 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 […]
read moreHow Informants Secretly Build Counterfeiting Cases for Prosecutors
Contents1 How Informants Secretly Build Counterfeiting Cases for Prosecutors1.1 1. Identifying Suspects1.2 2. Gathering Evidence1.3 3. Testifying Against Suspects1.4 4. Providing Context for Investigations1.5 5. Locating Counterfeit Stashes1.6 Why Informants Are Controversial1.7 How Informants Remain Secret1.8 The Murky Morality of Informants How Informants Secretly Build Counterfeiting Cases for Prosecutors Counterfeiting is a big problem these […]
read moreSuppressing Evidence From Illegal Searches in Counterfeiting Cases
Contents1 Suppressing Evidence From Illegal Searches in Counterfeiting Cases1.1 Warrantless Searches1.2 Invalid Warrants1.3 Exceeding Warrant Limits1.4 Miranda Violations1.5 False or Misleading Warrant Affidavits1.6 Pretextual Stops and Arrests1.7 Other Grounds for Suppression1.8 Importance of Experienced Defense Counsel1.9 Suppression Hearings1.10 Appealing Denied Suppression Motions1.11 Strategic Considerations1.12 Talk to a Defense Lawyer Today Suppressing Evidence From Illegal […]
read moreHow Asset Forfeiture Applies to Counterfeit Raids and Arrests
Contents1 How Asset Forfeiture Applies to Counterfeit Raids and Arrests1.1 What is Asset Forfeiture?1.2 Major Counterfeit Raids Where Asset Forfeiture Was Used1.3 How Asset Forfeiture Works in Counterfeit Cases1.4 Controversies Around Asset Forfeiture in Counterfeit Raids1.5 Famous Cases of Asset Forfeiture in Counterfeit Arrests1.6 Defending Against Asset Forfeiture in Counterfeit Cases1.7 How Forfeited Assets […]
read morePreventing Asset Seizures During Federal Counterfeiting Cases
Contents1 Preventing Asset Seizures During Federal Counterfeiting Cases1.1 Secure Your Finances1.2 Work with a Lawyer From the Start1.3 Understand Your State Laws1.4 Claim an “Innocent Owner” Defense1.5 Request a “Hardship Release”1.6 Explore Alternatives to Seizure1.7 Don’t Try to Hide Assets2 Bottom Line2.1 References Preventing Asset Seizures During Federal Counterfeiting Cases Getting accused of federal […]
read moreHow USPTO Records Can Help Prove Authenticity in Court
Contents1 How USPTO Records Can Help Prove Authenticity in Court1.1 Patents as Proof1.1.1 Using Provisional Patents1.1.2 Limitations of Patents as Proof1.2 Trademarks Demonstrate Use in Commerce1.2.1 Proving Continuous Use1.3 Copyright Registration Supports Ownership Claims1.4 How to Obtain USPTO Records How USPTO Records Can Help Prove Authenticity in Court Proving authenticity of products, inventions, and intellectual […]
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