Likely Sentence

[JimmyCooper]

Hi

This scenario happened to me a couple of weeks ago:

Dawn Raid by Police and Trading Standards
Approx 30 items of counterfeit jewellery seized
Approx 150 items sold on ebay for between £25 and £30
Items if genuine retail for between £200 and £300 hence a "loss" to the industry of between £35000 and £50,000.00
Questioned at police station they are awaiting forensics from a laptop (nothing on it)

Never been in trouble before

Any idea of likely punishment?

Thanks

[ChuckFickens]

Fines of up to £5000 can be imposed in the Magistrates' Court and/or imprisonment for up to six months. Unlimited fines may be imposed by the Crown Court with up to ten years imprisonment for Trade Marks offences.
Forfeiture and destruction of all goods seized may be ordered by the Courts.
Theft Act - in appropriate cases prosecution for deception may be appropriate.
Under copyright legislation a copyright owner may also sue for damages in the civil courts.

(I bet the 100% feedback didn't include the people that reported you to trading standards!)

[JimmyCooper]

You are definitely looking at having to pay a very large fine if they charge you with fraud,you will also have to pay all court costs.
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Is this statement actually based on anything? or just something you have thought sounds good?

[daffy654]

It is not 'rubbish' that the customers can't pursue a civil claim,it may be unlikely but they have every right under the current laws to pursue you in the small claims court if they so choose.

[Nosha123]

I dont think you read my answer yet!!!

Until you are charged - how can anyone here possibly advise on the likely punishment...

Are you guilty or not - what are you guilty of. What are the charges.
You claim the good were sold as GENUINE when clearly they were counterfeit.

The Judicial system will not look favourably on that as you are conning people out of money.. not to mention Customs & Excise!

[Bobbisox]

JC you don't seem to be able to grasp peoples annoyance do you?
The majority of people go to work and earn money the hard way, you maybe work too, I don't know, but when the going gets tough it's no good bleating about what kind of punishment you might get, perhaps you should of thought of that when you were selling the stuff !

[wiggal]

Well said Bobbisox!!

[daffy654]

It is fact you numpty.
Of course it may help if you told us what you have actually been charged with.Nobody can give a definitive answer until they know this information.

[Nosha123]

You could turn grass - and dob in your supplier.... help the cops catch Mr Big.....

And no - I have never bought a counterfeit DVD or CD... it helps fund terrorism!!!

[jackthehat]

What answer would suit you best ?

"We've decided that you're just a cheeky chappie who's done no wrong really, so we've had a long think and we'll let you off.................but just this once."

OR,

"Fines of up to £5000 can be imposed in the Magistrates' Court and/or imprisonment for up to six months. Unlimited fines may be imposed by the Crown Court with up to ten years imprisonment for Trade Marks offences.
Forfeiture and destruction of all goods seized may be ordered by the Courts.
Theft Act - in appropriate cases prosecution for deception may be appropriate.
Under copyright legislation a copyright owner may also sue for damages in the civil courts. - Chuckfickens" ?

'Cos I know which is the most likely...........

[JimmyCooper]

It is not 'rubbish' that the customers can't pursue a civil claim,it may be unlikely but they have every right under the current laws to pursue you in the small claims court if they so choose.
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Shows how much you know.

TS bought 2 items off me because of the high value. No-one had reported me to TS

TS said that as far as they are concerned they will NOT be contacting people who had bought the items and neither will the police

[another-view]

How come? They should get their money back from a theiving piece of scum like you?

[Nosha123]

None of this is making any sense anymore.. I'm off...

[ChuckFickens]

TS or the police may not contact them,

but if they figure out they have fake goods they are entitled to pursue you through the courts to reclaim their money.

If it was the other way round what would you think if you bought fake goods, would you not think it was ridiculous if the law didn't let you try and reclaim your money?

[Davethedog]

I do - I know exactly what your sentance is probably going to be but YAWN I can't be bothered to tell you.

[daffy654]

Trading Standards don't have to contact customers for them to realise that the tat they bought from you is fake. If this jewellery breaks or goes green or any other fault these people can demand a refund from you.If that is not forthcoming they can pursue you in a small claims court for selling goods not fit for purpose.It is their statutory right in law.

[Bobbisox]

I'm not having a swipe Kunni, I was just suggesting it was a pointless thing to do, wonder about what would happen to him !!!!

[jake-the-peg]

Just googling
sentence for selling counterfeit

seems to suggest that similar cases are being dealt with by suspended sentences