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Speaking
at a National Football League (NFL) news conference Thursday, January 31, 2013,
U.S. Immigration and Customs Enforcement (ICE) Director John Morton and NFL
Vice President for Legal Affairs Anastasia Danias announced the record-breaking
results of a nationwide enforcement operation. The initiative, dubbed
'Operation Red Zone,' commenced Sept. 1, 2012, and targeted international
shipments of counterfeit merchandise as it entered the United States.
Authorities targeted warehouses, stores, flea markets, online vendors and
street vendors selling counterfeit game-related sportswear and tickets
throughout the country.
Fake
jerseys, ball caps, T-shirts, jackets and other souvenirs are among the
counterfeit merchandise and clothing confiscated by teams of special agents and
officers from ICE's Homeland Security Investigations (HSI), U.S. Customs and
Border Protection (CBP), U.S. Postal Inspection Service, and state and local
police departments around the country - all in partnership with the NFL and
other major sports leagues.
"The
Super Bowl is one of the nation's most exciting events. Organized criminals are
preying on that excitement, ripping consumers off with counterfeit merchandise
and stealing from the American businesses who have worked hard to build a trusted
brand," said Morton. "The sale of counterfeit jerseys and other
sports items undermines the legitimate economy, takes jobs away from Americans
and fuels crime overseas. No good comes of counterfeiting American products -
whether NFL jerseys, airbags, or pharmaceuticals - and we must go after the
criminals behind it."
'Hard goods' seizures
Special
agents from HSI and officers with CBP operated in multiple teams with the NFL
and law enforcement agencies throughout the nation to identify illegal
shipments imported into the U.S.,
as well as stores and vendors selling counterfeit trademarked items. With only
days left before Super Bowl XLVII, these teams have already seized more than
160,000 items of phony Super Bowl-related memorabilia along with other counterfeit
items for a total take of more than $13.6 million. Due to the increased
activity of counterfeiting operations around the world, this year the operation
began Sept. 1, 2012, and will continue through Feb. 6, 2013.
"We're
delighted to once again partner with federal law enforcement to help combat the
influx of counterfeit merchandise," said Danias. "We are grateful for
their tireless efforts to keep counterfeiters from illegally profiting off of
the fans' enthusiasm for their team and the Super Bowl and from hurting the
local businesses that play by the rules."
"In
collaboration with the NFL and our (Department of Homeland Security) partners,
we are providing critical support in the effort to protect consumers from
counterfeit goods," said Robert C. Gomez, director of field operations in Atlanta and New
Orleans for CBP. "The enforcement of
iintellectual property rights is a national agency priority, and our CBP
officers and import specialists are actively working to intercept these
products. Counterfeit merchandise hurts our economy and, in many cases,
presents safety issues. It is a potential source of funding illegal activities
that present a threat to our national security."
Arrests
In
September 2012, HSI Boston - assisted by HSI Providence - executed a search
warrant at a residence in Warwick, R.I. HSI seized 226 boxes of counterfeit
goods containing 4,016 sports jerseys with a manufacturer's suggested retail
price (MSRP) of $724,340 and approximately $477,000 worth of additional
counterfeit goods, as well as $130,057 in U.S. currency and checks. The owner
of the home was subsequently arrested and is currently facing federal charges
of trafficking in counterfeit goods and smuggling.
In
November 2012, HSI Indianapolis special agents responded to a call from Indiana
State Fairgrounds Security that an individual at the Indianapolis International
Fest was selling items suspected to be counterfeit. Upon arriving at the
festival, the special agents were able to verify the goods to be counterfeit
and seized 1,319 counterfeit sports ball caps from the individual with an MSRP
of $30,095 and approximately $7,600 worth of additional counterfeit goods. HSI
arrested the man for illegally trafficking in counterfeit merchandise.
Twenty-one other individuals were arrested in partnership with state and local
law enforcement
agencies on state charges at locations around the country.
Website seizures
Furthering
HSI's efforts to combat the international counterfeiting supply chain and
piracy online, special agents seized a total of 313 websites identified to be
selling counterfeit merchandise.
The
website seizures during Operation Red Zone are the next iteration of Operation
In Our Sites, a long term law enforcement initiative targeting counterfeiting
and piracy on the Internet. The 313 websites have been seized by law
enforcement, and are now in the custody of the federal government. Visitors to
these websites will find a seizure banner that notifies them that the domain
name has been seized by federal authorities and educates them that willful
copyright infringement is a federal crime. Since the launch of Operation In Our
Sites in June 2010, the ICE HSI-led Intellectual Property Rights (IPR) Center
has seized a total of 2,061 domain names.
HSI
has continued to work closely with payment processor PayPal to identify bank
accounts being used to facilitate the transfer of money to these illegal
operations. To date, PayPal and HSI have identified and seized more than
$66,000 in assets in these accounts.
"PayPal
and eBay Inc. pride ourselves in going above and beyond in the fight against
the illegal online trafficking of counterfeit goods by partnering with law
enforcement and rights owners globally, and as part of providing safe and
trusted payments and commerce platforms," said Tod Cohen, eBay's vice
president and deputy general counsel of government relations.
Operation Red Zone continues
Operation
Red Zone will continue this weekend at the Super Bowl, throughout the New
Orleans-area and around the nation.
The
operation was spearheaded by the IPR
Center in coordination
with the Department of Justice's Computer Crime and Intellectual Property
Section and five U.S. Attorneys' Offices, including the District of Maryland,
District of New Jersey, District of Colorado, Eastern District of Louisiana and
the District of Utah.
The
IPR Center
is one of the U.S.
government's key weapons in the fight against criminal counterfeiting and
piracy. Working in close coordination with the Department of Justice Task Force
on Intellectual Property, the IPR
Center uses the expertise
of its 21 member agencies to share information, develop initiatives, coordinate
enforcement actions and conduct investigations related to intellectual property
theft. Through this strategic interagency partnership, the IPR Center
protects the public's health and safety and the U.S. economy.
Two
New Jersey men were arrested Wednesday, January
23, 2013, in North Bergen, N.J., for distributing 9,600 pills of
counterfeit Viagra. The counterfeit Viagra had a suggested retail price of
$130,000. This case is being investigated by U.S. Immigration and Customs
Enforcement's (ICE) Homeland Security Investigations (HSI) and the Hudson
County (N.J.) Sheriff's Office.
Yousef
M. Awawda, 34, of West New York, N.J., and Abdul J. Kazan, 27, of Haledon, N.J.,
were arrested for selling counterfeit Viagra. Both individuals are being
charged with possession and trafficking of counterfeit pharmaceuticals.
On
Jan. 23, HSI special agents along with Hudson County
detectives conducted an operation in which Awawda allegedly sold counterfeit
Viagra pills to an undercover officer. At the time of his arrest, Awawda was in
possession of 9,600 counterfeit Viagra pills.
Subsequent
to Awawda's arrest, HSI special agents and detectives arrested Kazan, who was
Awawda's alleged supplier.
Both
men are detained on a $100,000 bond.
A
jewelry wholesaler has pleaded in federal court to forging the seal of a U.S.
government federal agency. The guilty plea is the result of an investigation by
U.S. Immigration and Customs Enforcement's (ICE) Office of Professional
Responsibility (OPR) and the Internal Revenue Service, Criminal Investigation
(IRS-CI).
Tejas
Mehta, 36, was arrested Aug. 5, 2012, by OPR and IRS special agents for forging
the seal of U.S. Customs and Border Protection (CBP). CBP is a component of the
U.S. Department of Homeland Security.
Mehta,
the owner of Saritijediam Inc., doing business as Design Trends, is a jeweler
who conducts business in Manhattan's
diamond district. He used the fraudulent CBP seal to allegedly steal hundreds
of thousands of dollars from his business associates and other diamond and
precious stones wholesalers.
According
to court documents, Mehta received diamonds, jewelry and precious stones from
other wholesalers under consignment. Once in his possession, he would sell the
jewels. Instead of giving the proceeds to the owner of the merchandise as he
agreed to do, he would falsely claim that he could not return or sell the
merchandise because it had been seized by federal authorities.
Mehta
defrauded three victims by accepting hundreds of thousands of dollars in
precious stone diamonds.
Mehta
then allegedly made excuses and did not return the stones or any funds from the
sale of the diamonds. He told the victim's attorney that the stones had been
seized by federal authorities. He used the fraudulent seal to falsely state
that the diamonds, precious stones and jewelry – which were consigned to him –
had been seized by CBP.
This
case is being prosecuted by the U.S Attorney's Office, Southern District of New
York.
U.S.
Immigration and Customs Enforcement's (ICE) Homeland Security Investigations
(HSI) seized more than $100,000 of counterfeit cosmetics, designer handbags and
electronics after executing a search warrant at a Conway home Jan. 16, 2013. The U.S.
Postal Inspection Service and the Conway Police Department assisted HSI with
the investigation leading to the seizure.
"Counterfeit
products cost law-abiding Americans their jobs and allow criminals to fund
illegal activities with black market sales," said Special Agent in Charge
of HSI New Orleans Raymond R. Parmer Jr. "Counterfeit cosmetics are a
particular danger to the public because of the potential to ingest harmful
substances that might be present in an unregulated product."
Parmer
oversees a five-state area of responsibility including Arkansas,
Alabama, Louisiana,
Mississippi and Tennessee.
HSI
Little Rock began its investigation after receiving information from the U.S.
Postal Inspection Service regarding multiple suspicious packages addressed to
Vanchello Craig, 33, originating from overseas. On Oct. 22, HSI Little Rock
subsequently found two parcels containing counterfeit items in Craig's home
during a consensual search of the premises.
On
Jan. 14, HSI Little Rock learned Craig was the recipient of another suspicious
package. HSI conducted an inspection of the parcel pursuant to its border
search authority and discovered additional counterfeit items destined for
Craig.
A
south Texas
man was sentenced Wednesday, January 23, 2013, to 11 years and three months in
federal prison for enticing a minor, announced U.S. Attorney Kenneth Magidson,
Southern District of Texas.
This
case was investigated by U.S. Immigration and Customs Enforcement's (ICE)
Homeland Security Investigations (HSI), with the assistance of the Pharr Police
Department (PD).
Teofanes
Salas-Campos, 40, Mission, Texas, was sentenced by U.S. District Judge
Randy Crane to 135 months in prison. He pleaded guilty Sept. 17, 2012 that he
intended to have sex with a minor for money. After he completes his prison
term, Salas-Campos will also serve a five year term of supervised release, and
will be required to register as a sex offender.
During
Wednesday's court hearing, evidence presented indicated that Salas-Campos had
taken a photograph of the victim on her cell phone which showed sexually explicit
conduct. The sentence was enhanced because the minor victim was only 14 years
old at the time, and because there was a commission of a sex act.
According
to court documents, in April 2012, Pharr PD contacted HSI concerning the
solicitation of a minor for sexual purposes. Special agents recovered a
cellular telephone that was being used by a 14-year-old girl to receive
messages from men requesting sex in exchange for money. Posing as the minor,
special agents began conversing with the unknown men via text messages on the
cellphone.
During
this investigation, two others were arrested and charged separately with
enticing a minor. Felipe de Jesus Ponce-Torres,
24, of Mexico,
previously pleaded guilty before U.S. District Court Judge Micaela Alveraz who
sentenced him in November 2012 to 10 years in prison. Jose Luis
Garcia-Saldivar, 28, also of Mexico,
pleaded guilty before Chief U.S. District Court Judge Ricardo H. Hinojosa, and
will be sentenced May 9.
In
their respective guilty pleas, all three men admitted they intended to have sex
with an individual whom they believed was a minor, and that they were going to
pay the minor between $80 and $100.
All
three men have been and will remain in custody.
Assistant
U.S. Attorneys Kimberly Ann Leo and Juan Villescas, Southern District of Texas,
prosecuted this case.
A
man from Indiana was sentenced Tuesday, January 22, 2013, to serve 34 years and
four months in federal prison for attempted coercion and enticement (to engage
in unlawful sexual activity with a minor child), and distributing child
pornography.
This
sentence was announced by U.S. Attorney John Walsh, and U.S. Immigration and
Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Special
Agent in Charge Kumar Kibble.
Following
his prison sentence, Steven Raines, 35, of Fort Wayne, Ind.,
was also ordered by U.S. District Court Judge R. Brooke Jackson to serve a life
time on supervised release. Raines appeared at the hearing in custody, and was
remanded immediately after.
Raines
was first charged by Criminal Complaint July 2, 2012. He was indicted by a
federal grand jury in Denver
July 9. He pleaded guilty Oct. 24. And he was sentenced Jan. 22.
According
to the stipulated facts contained in the plea agreement, on April 1, 2012, an
HSI special agent based in Glenwood
Springs, Colo., was
chatting online in an undercover capacity. Specifically, the special agent's
undercover persona was that of a single mother of two daughters under the age
of 16. The undercover special agent (undercover) entered a chat room,
accessible by anyone, whose topic focused on sex with children. While in the
chat room, the undercover engaged in a chat with an individual who expressed
interest in having sex with the undercover and her two minor children. The individual
went on to say that he had been searching for 20 years for someone like the
undercover who would provide sexual access to her children, and that he
discovered that he was a "pedo" when he was 15. He also said that he
had been previously accused of molesting a child to whom he had access, and
that he previously attempted to meet someone like the undercover in person, but
the person failed to show up.
The
individual continued chatting and emailing with the undercover by using his
smart phone for the next three months. He told the undercover that he did not
have a computer. Eventually investigators identified the individual as 35-year
old Steven Raines, who lived in Fort
Wayne, Ind. As the
chats between Raines and the undercover progressed, Raines began to send
pictures, some of which depicted child pornography. Eventually Raines and the
undercover began to make plans for him to travel to Colorado in order to have sex with, or rape,
the two young girls. The defendant's main interest, however, was the child who
was under the age of 6. He discussed wanting to father a child with the
undercover. Raines also discussed other children he knew from church or his
neighborhood, in whom he had a sexual interest and with whom he attempted to
have some sort of contact.
As
the travel plans were finalized, Raines stated that he was going to bring his
child pornography collection with him to Colorado
in order to "teach" the girls, and stated an interest in producing
child pornography with the undercover and the two minor girls. The content of
the child pornography he was bringing featured mostly prepubescent females
engaged in sexual acts and included sadistic or masochistic conduct. During the
communications between Raines and the undercover, he made statements about both
of his children, and about sexually molesting a minor child to whom he had
access, and that he produced images of child pornography of him sexually
abusing that child.
The
defendant began his travel to Colorado
June 29, 2012. He sent texts to the undercover throughout the trip. On June 30,
near Topeka, Kan., the defendant's van broke down. He
rented a vehicle to complete his journey. On June 30, the defendant arrived at
a residence in Garfield County,
Colo., which was the address
provided to him by the undercover. After arriving, he was taken into custody.
Special agents and officers seized Raines' cell phone, which has the capacity
to take photographs and video. The phone contained about 130 still images and
84 videos of child pornography. During a lawful search of Raines' home, special
agents and officers found various discs containing child pornography. The
National Center for Missing & Exploited Children identified 23 known series
of child pornography featuring real child victims among the images the defendant
had on his cell phone and in his email.
"Sexually
exploiting children carries extraordinarily severe penalties - decades in
federal prison, followed by a life term of supervised release," said U.S.
Attorney John Walsh. "It is a top priority of the U.S. Attorney's Office
and the Department of Justice to protect children by prosecuting predators such
as Raines."
"This
significant prison sentence removes another child predator from the streets for
decades to come, which helps protect children everywhere," said Kumar C.
Kibble, special agent in charge of HSI Denver. "Unfortunately, there are
many predators like Steven Raines who pretend to lead normal lives. But our HSI
special agents, partnering with other law enforcement agencies, go to extraordinary
lengths to help protect and rescue these child victims, while also targeting
and prosecuting those who prey on them."
This
case was investigated by HSI and the Garfield County Sheriff's Office. HSI
Indianapolis and the U.S. Attorney's Office in Fort Wayne, Ind.,
also played an important role in this investigation and prosecution.
Raines
was prosecuted by Assistant U.S. Attorneys Michelle Heldmyer and ICE Special
Assistant U.S. Attorney Lillian Alves, with support from Assistant U.S.
Attorney Alecia Riewerts Wolak.
This
investigation was part of Operation Predator, a nationwide HSI initiative to
protect children from sexual predators, including those who travel overseas for
sex with minors, Internet child pornographers, criminal alien sex offenders and
child sex traffickers. HSI encourages the public to report suspected child
predators and any suspicious activity through its toll-free hotline at
1-866-347-2423 or by completing its online tip form. Both are staffed around the
clock by investigators.
Suspected
child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited
Children, an Operation Predator partner, via its toll-free 24-hour hotline,
1-800-843-5678.
HSI
is a founding member and current chair of the Virtual Global Taskforce, an
international alliance of law enforcement agencies and private industry sector
partners working together to prevent and deter online child sexual abuse.
A
Lynnwood
electronics company, a China-based manufacturer and four individuals were
indicted by a federal grand jury Thursday, January 17, 2013, for conspiracy to
traffic in counterfeit goods, following a probe by the Seattle-Tacoma Border
Enforcement Security Task Force (BEST), including U.S. Immigration and Customs
Enforcement's (ICE) Homeland Security Investigations (HSI).
ConnectZone.com,
LLC, its owner Daniel Oberholtzer, 50, of Lynwood,
sales manager Warren Lance Wilder, 46, of Auburn,
and production manager Edward Vales, 31, of Seattle, are alleged to have sold counterfeit
network products bearing the trademark of Cisco Systems through their online
store. They falsely advertised the knockoffs as genuine and offered them for
sale at a much lower price than genuine Cisco products. Through the
investigation, authorities learned the U.S.-based conspirators were responsible
for arranging the manufacture of the counterfeit goods through Mao Mang, aka
"Bob Mao," a representative for Shenzhen Xiewei Electronic, LTD of Shanghai, China.
Both Mang and the company are also named in the indictment.
In
addition to HSI, the other members of BEST that played a prominent role in the
case included the Seattle Police Department, the Port of Seattle Police
Department, with additional assistance provided by U.S. Customs and Border
Protection Office of Field Operations (CBP OFO).
"Counterfeiting
high dollar goods can be very lucrative for enterprising criminals," said
Brad Bench, special agent in charge of HSI Seattle. "Their illicit
activities ultimately come at the expense of trademark owners and consumers.
They don't contribute to research and development, and the knockoffs they sell
generally don't match the quality and safety of genuine items."
The
indictment alleges that Oberholtzer, Wilder and Vales would advise Mao and
Xiewei Electronic, and other Chinese firms on how to manufacture products to
look like genuine Cisco trademarked goods. In an attempt to evade U.S. customs officials, merchandise would be
labeled "samples" when shipped to the United States. The indictment
describes the various emails sent between the conspirators as they ran their
scheme, including discussions on how to reverse-engineer products. In addition
to the conspiracy count, the indictment also charges two counts of mail fraud
and four counts of trafficking in counterfeit goods. Prosecutors believe
Oberholtzer has been distributing counterfeit equipment from China since at
least 1997.
"Protecting
the intellectual property of American companies is critical to job growth and
economic recovery – especially in our high tech industries," said U.S. Attorney
Durkan. "I commend the dedicated investigators who uncovered this
scheme."
Conspiracy
to traffic in counterfeit goods is punishable by up to 10 years in prison and a
$2 million fine. Mail fraud is punishable by up to 20 years in prison and
trafficking in counterfeit goods is punishable by up to 10 years in prison. The
charges contained in the indictment are only allegations. A person is presumed
innocent unless and until he or she is proven guilty beyond a reasonable doubt
in a court of law.
BEST
Seattle is
comprised of full time members from HSI; CBP OFO; the U.S. Secret Service; the
Port of Seattle Police Department; the U.S. Coast Guard Investigative Service;
and the FBI. BEST Seattle investigates smuggling
and related crimes and combats criminal organizations seeking to exploit
vulnerabilities at the Seattle and Tacoma seaports and
adjacent waterways.
The case is being prosecuted by the U.S. Attorney's Office
for the Western District of Washington.