Counterfeiting and piracy is against the law. Counterfeiting laws often raise many tough questions about penalties for counterfeiting. Five of the top counterfeiting questions are answered below by the Lawyers on JustAnswer.
Case Details: The person was issued two citations, one for intention of presenting an altered check and the second offence was for the alteration of a check.
The counterfeiting charge (476) carries 2, 3, or 4 years in jail depending on what degree the charge actually is. Being on probation will not help the issue at all. Violation of probation could actually revoke the probation and sentencing could include jail time for their first offense as well as the counterfeiting charges. The sentencing can also be determined by the value of the check. The details of each situation can be unique. It would be best to ask a Lawyer on JustAnswer to get expert legal insights on your specific situation.
No, since you are not manufacturing a complete coin, it is unlikely to be considered as a counterfeit coin in the first place. The key is "in the likeness or similitude as to design, color or the inscription". If you are not sure what constitutes counterfeiting, bring your questions to Lawyers on JustAnswer.
Counterfeiting is a very serious offense, carrying not only the possibility of state penalties but Federal penalties as well, if the government were to get involved. A Federal conviction for making/ passing/ possessing counterfeit money could result in up to 20 years of prison. In Pennsylvania it would be a Felony of the Second Degree section 4101) which would carry a possible prison sentence of up to 10 years and/or a fine of anywhere between $5,000 and $25,000.
Any conspiracy is a plan between two or more people to commit an illegal act. Any action "in furtherance" of that plan is considered to be carrying out the conspiracy. So basically, if two or more people plan to counterfeit money, and any one of them actually does anything towards that goal, they can all be charged with conspiracy to commit counterfeiting. Under Federal Statute Title 18, Part 1, Chapter 25, Section 471 a person convicted of this faces a maximum possible sentence of 20 years in prison.
Counterfeiting/manufacturing is an offense which may be prosecuted in state or federal court, with varying penalties that may be enforced. Under Georgia law, counterfeiting is a felony and may be punishable by 1 to 5 or 10 years in state prison, depending on whether it is charged in the first or second degree. Federal sentencing guidelines may enforce harsher penalties upon a conviction for counterfeiting, particularly if currency was illegally replicated. Possession of counterfeit notes involves intention to pass them off as real. It is a felony and carries a penalty of 2-10 years. In order to be found guilty, they must have possessed the intent to commit the crime. The bond amount will be up to the judge to decide.
Counterfeiting and forgery are very serious charges. Understanding the law is the best way to ensure you are on the right side of the law. Since the application of the law can vary from situation to situation and also depending on your location, numerous legal questions can arise. Lawyers on JustAnswer can answer any counterfeiting law question you may have.
i bought some bose headphones in a flea market ,,the vendor told me and assure me its genuine ..and i sold it on amazone , but amazone suspended my account because i was selling fake item , which i was not aware of ..its been 3 months since amazone suspend my account ..now few days i got an email from a law firm :- Re: Sale of Counterfeit BOSE Goods Dear XX. XXXXX: I represent Bose Corporation (hereinafter "Bose") with respect to certain intellectual property enforcement matters. Bose is the exclusive owner of numerous trademarks and service marks, including but not limited to the BOSE, TRIPORT, QUIETCOMFORT and QC trademarks (all hereinafter referred to as "Bose Trademarks"). It has recently come to my client's attention that you are infringing one or more of its federally protected BOSE Trademarks, specifically by manufacturing, offering for sale and/or selling merchandise on the Amazon website, bearing one or more of the Bose Trademarks, or bearing marks substantially indistinguishable thereto, and that this merchandise is counterfeit. Your unauthorized use of one or more of the Bose Trademarks may constitute actionable trademark infringement, counterfeiting, and dilution in violation of U.S. federal trademark law (15 U.S.C. §§1114, 1125) and unfair competition law. Federal Trademark law specifically prohibits the distribution of goods or services bearing counterfeit marks and Bose as trademark holder can institute a civil action for trademark infringement, trademark dilution and unfair competition seeking permanent injunctive relief, an award of profits, treble damages and reasonable attorneys' fees and costs, or can elect to seek statutory damages of up to $2,000,000 for willful infringement (15 U.S.C. §§ 1116 and 1117). Federal Criminal law makes such activity punishable by a fine of up to $2,000,000 and a possible prison term of up to 10 years (18 U.S.C. § 2320). Accordingly, my client demands that you: 1. Immediately and permanently cease manufacturing, distributing, advertising, offering for sale, and/or selling any merchandise bearing any reproduction, copy, counterfeit or colorable imitation of Bose Trademarks or any other mark that may be confusingly similar to any of Bose's trademarks, now or in the future; 2. Immediately voluntarily surrender to Bose, your entire inventory of such infringing products on hand as of the date of delivery of this letter; 3. Provide Bose, within 7 days of receipt of this letter, with a report indicating separately for each product on it, the sales which you have made of products which bear any reproduction, copy, counterfeit or colorable imitation of Bose Trademarks (quantity and price), together with your cost for each product. Copies of your records confirming your purchases and sales of such products should be enclosed with the reports; 4. Provide Bose, within 7 days of receipt of this letter, with the name(s), and address(es) of your supplier(s) for each product, which bears any reproduction, copy, counterfeit, or colorable imitation of Bose Trademarks; 5. Provide Bose, within 7 days of receipt of this letter, with a report detailing the names, physical addresses, email addresses, and telephone numbers of all store jobbers, wholesalers, or other buyers, sellers or distributors to which you have sold such products which bear any reproduction, copy, counterfeit or colorable imitation of Bose Trademarks; 6. Provide Bose, within 7 days of receipt of this letter, with a detailed accounting of your profits from the distribution of products bearing any reproduction, copy, counterfeit or colorable imitation of Bose Trademarks; 7. Agree to pay Bose those damages attributable to your use of simulations of Bose Trademarks, including your profits, together with any attorneys' fees and costs, which Bose has sustained in connection with this matter; and 8. Confirm in writing, within 7 days of receipt of this letter, your compliance with the foregoing. In addition, my client strongly urges you not to contact any manufacturers, distributors, and/or suppliers of the counterfeit merchandise or to take any other action which would interfere with my client's ability to eliminate counterfeit merchandise from the marketplace and will hold you responsible for your complicity in any such actions to the maximum extent provided by law. If I do not receive the requested information within the next seven (7) days, my client may be forced to file a civil action against you. I await an immediate response from you or your counsel. The demands made herein are not made to the exclusion of other remedies to which Bose is entitled and Bose specifically reserves its right to seek all remedies available to it under law as a result of the infringing activities addressed herein. what i should do ?
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