HSI Seizes $100,000 of Counterfeit Goods

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.

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.

Baltimore Man Pleads Guilty to Trafficking Counterfeit Goods

Liang Lin, 34, a resident of Delaware, who owned and operated two shops on the boardwalk in Ocean City, Md., pleaded guilty Thursday, January 3, 2013, to trafficking in counterfeit goods.

The guilty plea follows an investigation led by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

"Entrepreneurs are free to sell cheap clothing, shoes, handbags, perfume and other consumer items," said U.S. Attorney Rod J. Rosenstein. "But they cannot use someone else's trademark."

"Counterfeit goods traffickers like Lin are looking to gain profit but in reality are committing a crime that results in American jobs lost, American business profits stolen and American consumers receiving substandard products," said Special Agent in Charge of HSI Baltimore William Winter. "Consumers now pay more for legitimate products to make up for the money being lost to counterfeits. HSI enforcement operations into intellectual property theft protect not only the companies who have copyrighted products, but the consumers who believe they are legitimately buying those copyrighted products."

According to his plea agreement, Lin owned and operated two stores in Ocean City: Hot Topik at 401 South Atlantic Avenue and Everything $5.99 and Up at 806 South Atlantic Avenue #8, as well as operating stores in Delaware. Lin admitted that from at least June 2010 through at least September 2011, he sold and attempted to sell counterfeit merchandise, including purses, handbags, shirts, jewelry, perfume, hats and shoes that bore trademarks such as Chanel, Coach, Gucci, Louis Vuitton, Michael Kors, Monster, Nike, Versace and Vera Wang.

During the summer of 2011, undercover investigators observed large quantities of counterfeit merchandise in Lin's stores in Ocean City, and several undercover buys of counterfeit merchandise were made, including the purchase of a counterfeit Coach purse.

On the morning of Aug. 17, 2011, HSI special agents executed federal search warrants at both of Lin's stores in Ocean City and approximately 8,000 items of counterfeit merchandise were seized. Two days after the execution of the federal search warrant, an investigator again saw counterfeit merchandise for sale at Everything $5.99 and Up, including merchandise of the same type seized during the search. On Sept. 1, 2011, an investigator made an undercover buy of a counterfeit Coach purse at Everything $5.99 and Up.

On Jan. 30, 2012, Lin was stopped re-entering the United States after a one-day trip to Canada and declared that the only thing he purchased in Canada was liquor from a duty free shop. A border search of his vehicle recovered approximately 869 pieces of counterfeit jewelry bearing trademarks such as Chanel.
It is estimated by the manufacturers whose goods were counterfeited that the lost retail value (or the retail value of the infringed items) of the goods seized and sold is estimated to be between $200,000 and $400,000. The estimated retail value of the counterfeit merchandise, based on what Lin was selling the infringing counterfeit items for is $153,585.

Lin faces a maximum sentence of 10 years in prison and a fine of $2 million at his sentencing March 27 at 9:30 a.m.

This law enforcement action is an example of the type of efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force). Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation's economic security against those who seek to profit illegally from American creativity, innovation and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders.

The investigation was conducted by HSI Baltimore and Ocean City, the Maryland State Police and Ocean City Police Department. Blazer Investigations and Stumar Investigations assisted in the investigation.

The case was prosecuted by Assistant U.S. Attorney Justin Herring.

HSI Special Agents Train Iraqi Police to Combat Illegal Goods Trafficking

The U.S. Embassy in Baghdad hosted a delegation of nine American subject matter experts in the fields of federal law enforcement, justice and cultural heritage protection including U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) special agents, from Dec. 17 to 20 at a training conference on "Countering Antiquities Trafficking." The four-day training, sponsored by HSI in collaboration with the U.S. Department of State, was provided to the Iraqi Ministry of Interior police investigators representing 15 provinces on methods of identifying Iraqi cultural heritage sites, and preventing and investigating looting and illegal trafficking within and beyond Iraq's borders.

Assistant Chief of Mission Ambassador James Knight opened the conference stating that, "Perhaps the most important reason for organizing a meeting such as this is Iraq's unparalleled cultural heritage. Preserving that heritage is to preserve some of mankind's greatest treasures. Not only are they a precious window into the past, they are tangible reminders to future generations of Iraqis of a glorious history."

"The countering antiquities trafficking conference in Baghdad marked a new beginning in HSI's efforts in assisting Iraqi Antiquities Police in their fight against the illegal trafficking of Iraq's cultural property," said Assistant Special Agent in Charge Ransom Avilla, HSI liaison in Baghdad. "We are hopeful that this training conference will provide the tools necessary for Iraqi Ministry of Interior police to detect, investigate and protect their national heritage."

Other law enforcement agencies that participated in the training conference included U.S. Customs and Border Protection, U.S. Department of Justice, Interpol and the U.S. National Park Service.

In July 2011, ICE repatriated to the government of Iraq a collection of objects illegally imported into the United States from Iraq. The objects included Saddam Hussein-era paintings and two AK-47 rifles, and a Western Asiatic necklace (circa 3rd-2nd millennium B.C.). These objects were discovered as part of four separate investigations by HSI special agents in Tampa, Fla.; Newark, N.J.; El Paso, Texas, and Little Rock, Ark. In February 2010, ICE repatriated six objects to Iraq ranging from its ancient past to its recent political history. The collection that was returned included a stone tablet with ancient writing, a Babylonian clay statue, a Roman coin, ancient gold earrings and a chrome-plated AK-47 inscribed with a picture of Saddam Hussein. 

In 2008, ICE returned 1,046 artifacts that were seized in four separate investigations dating back to 2001. The items included terra cotta cones inscribed in Cuneiform text, a praying god figurine that was once imbedded in a Sumerian temple and coins bearing the likenesses of ancient emperors. Remnants of ancient Cuneiform tablets, which were seized by the Customs Service in 2001, were recovered from beneath the ruins of the World Trade Center. The ancient tablets were subsequently restored and returned to the government of Iraq. These repatriations are the latest in a series that ICE has returned to the people of Iraq since the agency was created in 2003.

HSI plays a leading role in criminal investigations that involve the illegal importation and distribution of cultural property, including the illicit trafficking of cultural property, especially objects that have been reported lost or stolen. The HSI Office of International Affairs, through its 73 attaché offices in 47 countries, works closely with foreign governments to conduct joint investigations, when possible.

HSI specially trained investigators, assigned to both domestic and international offices, partner with governments, agencies and experts to protect cultural antiquities. They also provide cultural property investigative training to law enforcement partners for crimes involving stolen property and art, and how to best enforce the law to recover these items when they emerge in the marketplace.

Since 2007, more than 6,600 artifacts have been returned to 24 countries, including paintings from France, Germany, Poland and Austria, 15th to 18th century manuscripts from Italy and Peru, as well as cultural artifacts from China, Cambodia and Iraq. 

New York Man Arrested for Trafficking in Counterfeit Goods

An upstate New York man was arrested and charged by criminal complaint with trafficking in counterfeit goods. The charge carries a maximum penalty of 10 years in prison and a $2,000,000 fine. In addition, 15 websites allegedly selling counterfeit sporting merchandise were seized by federal law enforcement agents. The websites were seized as part of a global enforcement operation that targeted more than 130 websites operating worldwide. All of this is the result of an extensive investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

According to the criminal complaint, in August 2012, Gary C. Hammer, 47, of Cheektowaga, N.Y., listed Microsoft Vista Business and Microsoft Office software for sale on Craigslist.

Further investigation determined that the merchandise being sold by the Hammer was counterfeit. Although the defendant was served Oct. 23 with a cease and desist letter from Microsoft Corporation, he continued to sell counterfeit Microsoft merchandise. He was arrested Nov 21.

Hammer made an initial appearance in court the same day as his arrest. He released on his own recognizance and is due back in court Dec. 12, 2012, at 11:00 a.m.

In a separate action, early this morning HSI special agents seized 15 websites that allegedly sold counterfeit sporting merchandise. According to the affidavit in support of the seizure warrants, some of the websites sold caps allegedly manufactured by New Era Cap, a Buffalo-based company.

 "The manufacturing and selling of "knock off" goods hurts businesses and people across a wide spectrum of our society," said U.S. Attorney William J. Hochul Jr., Western District of New York. "Victims of these crimes include not only those who create intellectual property and the employees of the legitimate businesses who turn the ideas into products Consumers are also hurt by unknowingly obtaining inferior or potentially harmful products, as are taxpayers who are unable to rely on taxes from legitimate sales to fund programs which benefit the community. I would therefore urge all to exercise caution knowing that if a deal sounds too good to be true, it probably is."

 "As we remind consumers, buying knockoffs doesn't pay off," said James C. Spero, special agent in charge of HSI Buffalo. "Those who sell counterfeit merchandise are robbing from the legitimate companies, many of them U.S.-based, that make these products. And perhaps most important, they're hurting the men and women who depend on those companies for their livelihood. Intellectual property theft amounts to economic sabotage, which is why HSI will continue to aggressively pursue product counterfeiters and those who sell counterfeit products."

The arrest and seizures are part of Project Cyber Monday 3 and Project Transatlantic, both efforts to crack down on counterfeit goods sold online during the holiday shopping season. They are the culmination of an investigation on the part of HSI.

Assistant U.S. Attorney Michael DiGiacomo and Kevin D. Robinson, Western District of New York, are prosecuting these cases on behalf of the U.S. government.