05th December 2017
Counterfeiting items, especially money, is deemed a serious offence in UK law and if you are found guilty can have a detrimental effect on your long term future. If you are facing an allegation of counterfeiting, it is in your best interests to get in touch with a solicitor at your earliest convenience and we will deal with your case sensibly and professionally whilst advising you throughout the entire legal process. We are available to represent you anywhere within the country and argue your case for you in court.
Free Initial Telephone Consultation
Our highly skilled Fraud team are here to take the worry off your hands. We can provide an initial telephone consultation to see how we can assist in your case. For more information, please call Gary Broadfield on 0808 168 5550 or email Gary.Broadfield@cartwrightking.co.uk.
What is counterfeiting?
Counterfeiting can be defined as creating fake replicas of an item, most commonly with the purpose of financial gain. While the word ‘counterfeit’ is generally synonymous with ‘money’, there are several areas where counterfeiting has proved to be common.
Counterfeiting money covers the Forgery and Counterfeiting Act 1981 and refers to all of the offences involved with this area. The first offence you can cause is if you are convicted under s.14(1), whereby you counterfeit the money to be used for personal use, passing it off as genuine currency which if you are convicted in a Crown Court could lead to a maximum penalty of 10 years imprisonment.
The second offence is if you are charged under s.14(2), where you have counterfeited the currency but have no intention to claim it as genuine and use it as formal legitimate money. If found guilty in a Magistrates court, you would most commonly be faced with a community based punishment whereas in a Crown Court you could be given a prison sentence ranging from 1 – 2 years.
Counterfeiting Electrical Goods
Counterfeiting electrical goods, most commonly including DVDs and music is an offence which is covered by the Copyright, Designs and Patents Act 1988. You can cause this offence by doing the following:
- Creating copyright infringing material
- Selling counterfeited items
- Importing counterfeited items
- Owning equipment capable of creating counterfeited material
- Negatively effecting the copyright owner by distributing a large number of counterfeited material
The sentencing can vary depending on the severity of the offence caused. More often than not, you would be faced with a community based penalty by causing conspiracy to copyright but if you are sentenced in a Crown Court, you could face up to 10 years imprisonment.
Counterfeiting Designer Goods
Counterfeiting designer goods is where you ‘pass off’ a fake item as the official product and sell it to a customer which can most commonly takes place at outdoor markets. Although this is often associated with clothing it can include any product that has its own official branding.
The Trade Marks Act clearly demonstrates you have caused an offence if you commit the following offences:
- Applying trademark branding to fake goods and any of its packaging
- Applying trademark branding to documentation including brochures or advertising material
- Using equipment for making counterfeit trademark branding
The punishment for counterfeiting designer goods can vary depending on the severity of the offence. At the very least, the court will order for the fake goods to remove the false branding or have them destroyed. If the hearing is at a Magistrates court, you could face a maximum sentence of 6 months imprisonment, whereas this could be as long as 10 years at a Crown Court.
How we can help
We acknowledge that everyone is innocent until proven guilty and therefore has a right to a fair trial to argue their case in court. If you have been accused of counterfeiting, our Criminal Defence Solicitors are available to argue your case and advise you throughout the entire process of the trial. We therefore promise to:
- Represent you in court
- Advise you throughout the entire process
- Take the worry off your hands
- Argue your case
- Prepare an appeal if necessary
Given the broad area of law surrounding counterfeiting, we will ensure to deal with your case by finding all of the facts and circumstances associated with your case. During the entirety of the proceedings, we promise to demonstrate professionalism at all times and apply the best possible defence for you.
Why choose us?
At Cartwright King, our solicitors understand the stress an accusation of counterfeiting can cause and the long term effects it can have on your future. We are available to support you throughout the entire process, explain the likely outcomes and fight on your behalf.
How to make contact
If you require any legal advice or if you would like a no obligation, free initial telephone discussion, then please call us on 0808 168 5550. Alternatively you can email the Fraud team on firstname.lastname@example.org and we’ll get back to you as soon as possible.
Our Fraud Defence Solicitors can provide advice across the country and are happy to meet at a time and location that suits you. We also have a network of offices in Birmingham, Bedford, Bolton, Derby, Leeds, Leicester, London Temple, London Fleet Street, Luton, Manchester, Middlesbrough, Milton Keynes, Newcastle, Northampton, Nottingham, Oxford, Sheffield and Worcester.
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You can always call us on 0808 168 5550 or email email@example.com
26th October 2017
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