Trafficking in Counterfeit Goods Lawyer in Poquoson, VA — Federal Defense
Trafficking in counterfeit goods is a federal felony under 18 U.S.C. § 2320, prosecuted in the Eastern District of Virginia. A conviction can mean up to 20 years in prison and fines over $5 million. If you are under investigation or charged, you need a Trafficking in Counterfeit Goods lawyer Poquoson with federal experience. Law Offices Of SRIS, P.C.
Federal Law on Counterfeit Goods
Trafficking in counterfeit goods is a federal crime defined under 18 U.S.C. § 2320. The law prohibits intentionally trafficking, or attempting to traffic, in goods or services while knowingly using a counterfeit mark. This includes selling, distributing, or importing fake products that bear a trademark identical to or substantially indistinguishable from a registered trademark. The statute covers a wide range of items, from luxury handbags and electronics to pharmaceuticals and auto parts. The prosecution must prove you acted with intent to deceive or defraud.
Last verified: April 2026 | U.S. District Court for the Eastern District of Virginia | Federal legislature URL
Founded in 1997, Law Offices Of SRIS, P.C. has a team with experience in federal courtrooms. Mr. Sris, the firm’s founder and a former prosecutor, personally handles complex federal cases, providing a strategic advantage from his understanding of both sides of the courtroom.
Official Legal Resources
For the full text of the federal statute, see 18 U.S.C. § 2320 (Trafficking in counterfeit goods or services). For local court procedures and rules, visit the U.S. District Court for the Eastern District of Virginia website.
Federal Defense Strategy in Poquoson
Federal investigations for trafficking in counterfeit goods often begin with agencies like Homeland Security Investigations (HSI) or the FBI. In the Eastern District of Virginia, which has jurisdiction over Poquoson, these cases are prosecuted aggressively. A key local procedural fact is that many investigations start with undercover online purchases or seizures at ports like Norfolk. Building a defense requires challenging the government’s evidence on the “knowing” use of a counterfeit mark and the value of the infringing items, which directly impacts sentencing.
- Initial Investigation: Contact a federal defense attorney immediately if you suspect you are under investigation. Do not speak to federal agents without counsel.
- Case Assessment: Your attorney will review all evidence, including search warrants, seizure documents, and communications, to identify weaknesses in the prosecution’s case.
- Pre-Trial Motions: File motions to suppress evidence obtained improperly or to challenge the valuation of the alleged counterfeit goods.
- Negotiation or Trial: Based on the evidence, your attorney will advise on pursuing a plea agreement for reduced charges or preparing for a federal jury trial.
- Sentencing: If convicted, your attorney will advocate at sentencing, presenting mitigating factors to argue for a sentence below the federal guidelines.
Potential Penalties for Trafficking in Counterfeit Goods
In federal court, trafficking in counterfeit goods carries severe penalties based on the number and value of items, with mandatory minimum sentences for repeat offenders.
| Offense Level | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| First Offense (General) | Federal Felony | Up to 10 years | Up to $2 million (individual) / $5 million (organization) | Forfeiture of counterfeit items and related assets |
| Repeat Offense | Federal Felony | Up to 20 years | Up to $5 million (individual) / $15 million (organization) | Mandatory restitution to trademark owners |
| Trafficking in Counterfeit Drugs/Military Items | Federal Felony | Up to 20 years (first offense) | Fines as above | Enhanced penalties; serious public safety implications |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Federal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine over 120 years of legal experience. We have a documented record of handling complex federal cases. Mr. Sris, the firm’s founder, is a former prosecutor with a background in accounting and information systems, which is particularly valuable in financial and evidence-intensive cases like trademark fraud. For a trademark fraud charge lawyer Poquoson, our team understands the technical and legal nuances required to build a strong defense.
Case Results and Client Advocacy
While specific local results for this federal charge in Poquoson are not separately listed, our firm has a documented history of favorable outcomes in federal courts across our service areas. We approach each case with a focus on meticulous evidence review and strategic motion practice. For a counterfeit goods defense lawyer Poquoson, our goal is to protect your rights and work toward the best possible resolution.
Results may vary. Prior results do not aim for a similar outcome.
Trafficking in Counterfeit Goods Defense Serving Poquoson
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804) 288-1661
By appointment only.
Our Richmond location serves clients at federal courts in the Eastern District of Virginia. We provide 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only. We serve clients throughout Poquoson.
Frequently Asked Questions
What is trafficking in counterfeit goods?
It is a federal crime under 18 U.S.C. § 2320 involving the intentional sale, distribution, or importation of goods bearing a fake trademark that is identical to a real one, with the intent to deceive consumers.
What should I do if I’m contacted by federal agents about counterfeit goods?
It depends. You have the right to remain silent and the right to an attorney. You should politely decline to answer questions and immediately contact a federal defense lawyer. Speaking to agents without counsel can seriously harm your case.
Can I go to prison for selling counterfeit items online?
Yes. Trafficking in counterfeit goods is a felony. A first-time conviction can lead to up to 10 years in federal prison, with higher penalties for repeat offenses or if the goods are drugs or military items.
What’s the difference between state and federal counterfeit charges?
Federal charges apply when goods cross state lines or international borders, involve organized trafficking, or are investigated by federal agencies. Federal penalties are typically much more severe than state-level trademark infringement penalties.
What defenses are available against these charges?
Potential defenses include lack of knowledge that the mark was counterfeit, the mark was not sufficiently similar to a registered trademark, entrapment, or challenges to the validity of the search or seizure that obtained the evidence.
Related Legal Services in Poquoson
If you are facing other federal allegations, our firm can help. We also handle related matters like business law in Poquoson and federal criminal defense in Poquoson. For a broader view of our criminal defense practice, visit our Virginia criminal defense hub page.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.