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Seattle Company Indicted for Conspiracy to Traffic Counterfeit Goods
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.
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