How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris T., JD Your Own Question
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4799
Experience:  Experienced in both state and federal court.
45002201
Type Your Legal Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

Q1, what would be the penalty for the first-time reselling

This answer was rated:

Q1, what would be the penalty for the first-time reselling a couple of counterfeit designer bags, in which case both buyers and sellers are clearly aware that the goods are fake?

Q2, people A gives people B a personal cheque. But there is insufficient fund in A's account. So the cheque is bounded. In this case did A violate any law to give a fraud check? Are there any way to protect B and for B to get the money, or sue A?

TexLawyer :

Good afternoon. I'll be assisting you with your question.

TexLawyer :

Under federal law, knowingly selling counterfeit goods is a criminal offense. A person COULD receive up to 10 years in jail and fines up to $2,000,000. That said, the actual sentence largely depends on the value of the items bought and sold.

Customer:

the total value is $2400. what the worst penalty, the seller would receive?

TexLawyer :

As far as the bad check, you should report it to the police department. Generally, they will send a letter to the person (or the DA will) and give them a chance to make repayment before any criminal action.

TexLawyer :

With such a low amount of goods sold (less than $3,000) the person would almost certainly receive probation.

TexLawyer :

That is, of course, if the person was prosecuted at all. In the grand scheme of things, that is a very low amount.

Customer:

after receiving the counterfeit bag, the buyer gave the seller a bounced cheque, which means the seller did not receive any commercial benefit by passing the counterfeit.

Customer:

thank you so much for your help. ur answer is quite helpful

TexLawyer :

True, but the law looks at what was attempted, not what was actually gained.

Customer:

now i understand. many thanks.

Customer:

the last question

Customer:

With such a low amount of goods sold (less than $3,000) the person would almost certainly receive probation. I donot know what "probation" means. could you give me a brief explaination?

TexLawyer :

Probation is where a person is not sent to jail, but has to live by certain requirements and meet with someone on a regular basis to make sure they are living by those conditions.

TexLawyer :

It does involve a criminal conviction, though.

Customer:

I got it.

Customer:

it's very clear to me. thanks.

Chris T., JD and 12 other Legal Specialists are ready to help you