Trafficking in Counterfeit Goods Defense in Kent County
Trafficking in counterfeit goods is a serious federal offense under 18 U.S.C. § 2320, punishable by substantial fines and imprisonment. If you are under investigation or have been charged in Kent County, securing experienced legal defense is critical. The Law Offices Of SRIS, P.C. provides focused representation for individuals facing these complex federal allegations.
Understanding Federal Counterfeit Trafficking Laws
The federal statute governing trafficking in counterfeit goods, 18 U.S.C. § 2320, makes it illegal to intentionally traffic, or attempt to traffic, in goods or services while knowingly using a counterfeit mark. The law defines “trafficking” broadly to include transporting, transferring, or otherwise disposing of counterfeit items. Prosecutors must prove you acted with intent to deceive or defraud. Penalties escalate based on the number of items, their retail value, and prior offenses, making the guidance of a trafficking in counterfeit goods lawyer Kent County essential.
Last verified: April 2026 | U.S. District Court for the District of Delaware | United States Code.
Official Legal Resources
For the full text of the federal law, see 18 U.S.C. § 2320 (Trafficking in counterfeit goods or services). For local court procedures, visit the U.S. District Court for the District of Delaware website.
handling Federal Charges in Kent County
Federal investigations into trafficking in counterfeit goods often involve agencies like Homeland Security Investigations (HSI) or the FBI. These cases typically begin with surveillance, undercover operations, or search warrants. A key procedural fact for Kent County is that federal charges may be filed in the U.S. District Court for the District of Delaware, which handles cases for the state. An experienced counterfeit goods defense lawyer Kent County can challenge the evidence gathering process, such as the validity of a warrant or the chain of custody for seized goods.
- Initial Investigation: Federal agents may execute search warrants at storage units, residences, or businesses to seize alleged counterfeit inventory.
- Grand Jury Indictment: Prosecutors present evidence to a federal grand jury to secure an indictment, formally charging you.
- Arraignment: You appear in U.S. District Court to hear the charges and enter a plea of not guilty.
- Discovery & Pre-Trial Motions: Your attorney reviews all evidence and files motions to suppress evidence or dismiss charges if procedural errors occurred.
- Plea Negotiations or Trial: Your lawyer negotiates with the U.S. Attorney’s Office for a potential plea deal or prepares to take your case to a jury trial.
- Sentencing: If convicted, sentencing follows federal guidelines, which are often severe for trafficking offenses.
Potential Penalties for Trafficking in Counterfeit Goods
In federal court, trafficking in counterfeit goods carries mandatory minimum sentences that increase sharply based on the scope of the operation and prior convictions.
| Offense Level | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| First Offense (General) | Federal Felony | Up to 10 years | Up to $2 million (individual) | Forfeiture of counterfeit items and related assets |
| Repeat Offense | Federal Felony | Up to 20 years | Up to $5 million (individual) | Enhanced forfeiture and restitution orders |
| Trafficking in Counterfeit Drugs/Military Items | Federal Felony | Up to 20 years (first offense) | Up to $5 million | Severe mandatory minimums may apply |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Federal Intellectual Property Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings decades of combined experience to federal courtrooms. Our firm’s founder, a former prosecutor, understands the tactics used by federal agencies to build these cases. We apply this insight to develop defenses that challenge the government’s evidence on intent, knowledge, and the authenticity of the marks in question. Our approach is to scrutinize every detail of the investigation and the alleged counterfeit goods.
Case Results and Client Advocacy
The Law Offices Of SRIS, P.C. has a documented record of advocating for clients in federal matters. While every case is unique, our goal is always to seek the best possible resolution, whether through pre-trial dismissal, favorable plea negotiations, or a strong trial defense. We understand the severe personal and professional consequences a trademark fraud charge lawyer Kent County must help clients avoid.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Kent County Federal Charges
Law Offices Of SRIS, P.C.
By appointment only.
Toll-Free: (888) 437-7747 | Local: (888) 437-7747
24/7 phone consultations — meetings by appointment only.
If you are facing federal charges for trafficking in counterfeit goods, time is critical. Contact a trafficking in counterfeit goods lawyer Kent County from our firm for a confidential consultation. We serve clients throughout Kent County and the surrounding region.
Frequently Asked Questions (FAQs)
What does “trafficking” mean in a counterfeit goods case?
Yes. Under federal law, “trafficking” includes transporting, transferring, or otherwise disposing of goods while knowing they bear a counterfeit trademark. Even possessing a large quantity with intent to sell can lead to charges.
Can I be charged if I didn’t know the goods were counterfeit?
It depends. The prosecution must prove you “knowingly” used a counterfeit mark. A strong defense often focuses on a lack of knowledge or intent. An attorney will investigate your supplier communications and business practices to challenge this element.
What is the difference between a civil trademark lawsuit and a criminal charge?
A civil suit is typically brought by the trademark owner seeking money damages. A criminal charge for trafficking is brought by the federal government and can result in prison time and hefty fines. You can face both simultaneously.
What assets are at risk in a federal counterfeit case?
Federal law allows for the forfeiture of all counterfeit goods, any equipment used to make them, and any proceeds from the illegal trafficking. This can include cash, vehicles, or real property purchased with illicit profits.
Why do I need a lawyer familiar with Kent County federal court?
A lawyer experienced in the U.S. District Court for the District of Delaware understands the local rules, judges, and prosecutors. This familiarity is crucial for effective motion practice, plea negotiations, and trial strategy specific to your venue.
Internal Links: For related defense services, see our pages on Federal Criminal Defense and White Collar Crime Defense. For defense in other areas, see our Delaware Criminal Defense hub.
Last verified: April 2026. Laws and procedures change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding trafficking in counterfeit goods charges.
For the full picture beyond Kent County, our page on trafficking in counterfeit goods cases in Maryland covers the process end to end.