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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27010
Experience:  Handle criminal matters in both state and federal courts.
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Maybe you could help us . my son and nephew who are in their

Customer Question

Maybe you could help us . my son and nephew who are in their early 20's in college have a problem. They both lost their fathers a few years ago. Our finances have been very bad. They both tried to get jobs but its impossible. They spoke to some people who told them they should open up a site on ebay and sell things. They became very interested and started to investigate the idea. They found that the hottest item to sell were cell phone accessories. They started to google wholesales to find a place to purchase there items. They found a place called dhgate. They inquired to people on ebay who have already had an existing business and asked them if it was a reputable wholesaler. They sad yes and so they started their venture. They did this for about 3 months until yesterday they received a letter from a company and it says that they both committed a crime that they were selling counterfeit items and they were pressing chargers against them. They said that they had enough documentation to prove that they are guilty. But first the Attorney said that he email them. They gave them a settlement price of $20,000 dollars a piece to settle this otherwise they will be charged and taken to court. They will have to retain a lawyer and that the charges are serious. That they were selling counterfeit products under their trademark. The boys were not aware of this. In all they sold approx 100 of these items and made a total of approx $1500 dollars each in profit. What do we do? They closed their online business and do not have any more of those items and WILL never sell another thing. They are both a nervous wreck including myself. These were official documents that were sent to them from an attorney's office. They were not served it came registered mail. They sold approx $4,000.00 dollars worth of items. The name of the law firm is Johnson and Pham in california. I googled it and it really sounds like some kind of scam.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.
Hi

Well, you have a couple of things going on here. First of all, Dhgate is not a wholesaler. It is a website for on line sales much like Ebay. Therefore, if the boys were buying from there, it is possible they obtained some counterfeit merchandise. It would be a crime to intentionally sell counterfeit merchandise as the real thing.

The other thing is, the law firm appears to be legitimate. However, you may want to check with the CA Bar Association to see if they can reveal any complaints against them or if they are in good standing. Anyone can send an "official" looking letter. So, I suggest you be cautious about responding to them or sending them any money. If they are scammers, contact from you will only give them more reason to continue correspondence.

There is no lawsuit, until the boys are served with a summons. If that happens, then I would suggest they consult with a local attorney who can help negotiate a settlement.

If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you
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Customer: replied 5 years ago.

My attorney just called Johnson and pham and they told my lawyer that they believe the boys sold 150,000 thousand dollars worth of goods. My attorney said that is not the case they sold $4000 dollars worth . The boys just started this 3 months ago if that long. Where are they getting numbers like this? They printed out all of the documention from ebay with all the sales they made.

Expert:  Samuel II replied 5 years ago.
Hi

I see. Well, the burden is on the Plaintiff to prove the amount made as alleged. And if the boys can show that they did not make that much, it is possible to have a lower negotiation.

Also, if you have a lawyer, I should not be assisting you. I suggest you let your attorney handle it for them.

If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you

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