Trafficking in Counterfeit Goods Defense in Atlantic County, NJ
Trafficking in counterfeit goods in Atlantic County is a serious federal offense under 18 U.S.C. § 2320, punishable by up to 10 years in prison and fines. As a former prosecutor, Mr. Sris of the Law Offices Of SRIS, P.C. understands the technical evidence and intent requirements the government must prove.
What Is Trafficking in Counterfeit Goods Under Federal Law?
The federal statute governing trafficking in counterfeit goods, 18 U.S.C. § 2320, makes it a crime to intentionally traffic, or attempt to traffic, in goods or services while knowingly using a counterfeit mark. The law defines “traffic” as to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain. A “counterfeit mark” is a spurious mark that is identical with, or substantially indistinguishable from, a registered trademark. The prosecution must prove you acted with intent to deceive or defraud.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | U.S. Code.
Official Legal Resources & Court Information
Understanding the specific laws and the court where your case will be heard is critical. Below are direct links to official government resources.
- 18 U.S.C. § 2320 (Trafficking in counterfeit goods or services) – The full federal statute from the Legal Information Institute.
- U.S. District Court for the District of New Jersey – The official website for the federal court handling these cases in Atlantic County.
The Atlantic County Federal Court Process for Counterfeit Goods Charges
Federal charges for trafficking in counterfeit goods in Atlantic County are prosecuted in the U.S. District Court for the District of New Jersey, often following investigations by Homeland Security Investigations (HSI) or the FBI. The process is markedly different from state court. Prosecutors will present evidence such as seizure records, experienced testimony on trademark authenticity, financial records, and communications to prove willful intent. An early intervention by a trafficking in counterfeit goods lawyer Atlantic County can be important to challenge the seizure, question the validity of the “counterfeit” designation, or negotiate before a formal indictment is filed.
- Initial Arrest/Summons: You may be arrested or receive a summons to appear in federal court following an investigation.
- Initial Appearance & Arraignment: You will be formally advised of the charges and enter a plea of not guilty.
- Discovery & Pre-Trial Motions: Your attorney will review all evidence (discovery) and may file motions to suppress evidence or dismiss charges.
- Plea Negotiations: The vast majority of federal cases are resolved through plea agreements, which your lawyer will negotiate to seek reduced charges or sentencing concessions.
- Trial: If no plea is reached, the case proceeds to a jury trial in the U.S. District Court.
- Sentencing: If convicted, sentencing follows federal guidelines, which consider the retail value of the counterfeit goods.
Potential Penalties for Trafficking in Counterfeit Goods
In Atlantic County, a first-time conviction for trafficking in counterfeit goods under 18 U.S.C. § 2320 can result in up to 10 years in federal prison, fines of up to $2 million for an individual, and forfeiture of the counterfeit items and any equipment used to make them.
| Offense Level | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| First Offense | Federal Felony | Up to 10 years | Up to $2M (individual) | Forfeiture of goods/assets |
| Subsequent Offense | Federal Felony | Up to 20 years | Up to $5M (individual) | Forfeiture, restitution to trademark owner |
| Trafficking in Counterfeit Drugs/Military Items | Federal Felony | Up to 20 years (first offense) | Higher statutory limits | Enhanced penalties, serious public safety implications |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Federal Intellectual Property Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to federal cases. Our founder, Mr. Sris, is a former prosecutor who understands the government’s playbook from the inside. This perspective is invaluable when building a defense against charges of trafficking in counterfeit goods, where the prosecution’s case hinges on proving specific knowledge and intent. We scrutinize the chain of custody of seized evidence, the methodology used to determine the goods are counterfeit, and the evidence linking our client to the alleged criminal intent.
Case Results & Defense Strategy
Our approach to defending a trademark fraud charge lawyer Atlantic County clients trust involves a multi-front attack. We examine whether the client knowingly used a counterfeit mark, challenge the valuation of the seized goods (which directly impacts sentencing guidelines), and explore whether the investigation violated any constitutional rights. In one case, we successfully argued for a reduction in the estimated retail value of alleged counterfeit merchandise, which significantly lowered our client’s exposure under the federal sentencing guidelines. Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Atlantic County Federal Charges
If you are facing federal charges for trafficking in counterfeit goods, having a local defense team familiar with the Atlantic County federal courthouse is critical. Our attorneys are accessible to clients throughout Atlantic County, including Atlantic City, Egg Harbor Township, Galloway, and Hammonton. We offer 24/7 phone consultations to address urgent concerns.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
24/7 phone consultations.
Frequently Asked Questions (FAQs)
What is the difference between a counterfeit goods charge and a trademark fraud charge?
It depends. “Trafficking in counterfeit goods” is the specific federal crime under 18 U.S.C. § 2320. “Trademark fraud” is a broader term that can refer to this crime or related civil violations. In criminal court, you are charged with trafficking, but the underlying wrongful act is fraud on the trademark holder and consumers.
Can I go to jail for selling fake designer bags online?
Yes. Selling counterfeit designer goods online with intent to make a financial gain constitutes trafficking under federal law. Penalties depend on the retail value of the items sold, but even a small operation can lead to felony charges and potential prison time, especially if prosecuted federally.
What should I do if my business is raided for suspected counterfeit goods?
Do not speak to investigators without an attorney. Promptly contact a counterfeit goods defense lawyer Atlantic County. Your lawyer can intervene to protect your rights, understand the scope of the investigation, and begin building a defense that may involve challenging the search warrant or the classification of your inventory.
What defenses are available against trafficking charges?
Common defenses include lack of knowledge (you didn’t know the goods were counterfeit), mistaken identity, entrapment, challenges to the validity of the trademark, or constitutional violations during the search and seizure. An attorney will analyze the evidence to identify the strongest defense strategy for your specific case.
Is this a state or federal crime in New Jersey?
Trafficking in counterfeit goods is primarily a federal crime prosecuted under U.S. law. However, New Jersey has its own statutes (e.g., N.J.S.A. 2C:21-32) that can be used for state-level prosecutions, often for smaller-scale operations. A major case involving interstate commerce or large quantities will typically be handled by federal authorities.
Related Pages: If you are facing other federal charges, you may need a Federal Criminal Defense Lawyer in Atlantic County. For state-level fraud allegations, see our page on Fraud Defense in Atlantic County.
Last verified: April 2026. Laws and procedures change. For the most current advice regarding your specific case, contact the Law Offices Of SRIS, P.C.
If you want to see how an Atlantic County case fits into the wider process, our page on trafficking in counterfeit goods lawyer New Jersey covers it from start to finish.
Your case in Atlantic County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Atlantic County that is the Superior Court of NJ, Atlantic Vicinage (1st Vicinage), 1201 Bacharach Boulevard, Atlantic City, NJ 08401, telephone (609) 402-0100, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is N.J.S.A. 2C:14-2 (aggravated sexual assault) within the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Atlantic County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Atlantic County NJ lawyers directory · Trafficking in Counterfeit Goods Lawyer Bergen County, NJ · Trafficking in Counterfeit Goods Lawyer Middlesex County, NJ · Trafficking in Counterfeit Goods Lawyer Essex County, NJ.