Being Sued Possible Arrest

[hgear]

Call up their lawyer and say are you sitting down...
I would like to make a formal statement please write down exactly what I'm saying and let them know. Ready?
Him: yes
You: go fuck yourself...click...

NOTE: This works when you haven't done anything super Illegal if you have truly committed fraud in a big way this won't work. This is more for smaller matters where lawyers try to threaten you.

 

[Kickflip]

So these <insert company's product> that you have replicas of were seized, the manufacturer found out, now the manufacturer is suing you for damages, damages can only be sought if monetary damages can be proven by your actions.

"Congress recognized that "counterfeiters' records frequently are nonexistent, inadequate, or deceptively kept?, making proving actual damages in these cases extremely difficult if not impossible."

If they elect to avoid the counterfeiter's claim and seek actual damages (prob unable to prove them at all) they will have to seek for trademark violations and of course ANY criminality therein.

The prevailing wisdom here.
Your attorney should be quite pleased as statutory damages in this case, which is probably what they'd need to elect to get anything close to $700k (still nothing close though, otherwise reach a maximum of 3 times the valuation of the seized goods under section (b)

I don't really get the point of your post. Why would the company have to prove actual damages? Doesn't the USA have a "per offense" amount that the company can sue for in a case like this? Isn't this case open and shut Copyright/Trademark infringement?

http://www.thecourt.ca/2009/05/29/the-fake-rolex-has-to-go-as-per-canadian-courts%E2%80%A6/

Canada will mess you up for counterfeit goods. We don't screw around.

40 Hair Straighteners? 400,000-800,000 please.

 

[rhino2020]

Call up their lawyer and say are you sitting down...
I would like to make a formal statement please write down exactly what I'm saying and let them know. Ready?
Him: yes
You: go fuck yourself...click...

NOTE: This works when you haven't done anything super Illegal if you have truly committed fraud in a big way this won't work. This is more for smaller matters where lawyers try to threaten you.

Lol made me laugh. Well I don't know if this is considered super illegal or if this is in a big way but would be fun to do. Lawyer said since I never sold any beforehand that helps my position.


"40 Hair Straighteners? 400,000-800,000 please." don't understand what you mean by this?

 

[Kickflip]

Lawyer said since I never sold any beforehand that helps my position.

"40 Hair Straighteners? 400,000-800,000 please." don't understand what you mean by this?

In Canada we sue you for about $10,000 to $20,000 PER item that you possess (or in this case, intended to possess for sale) when it violates copyright/trademark laws. The amount varies based on certain circumstances which I don't 100% understand. I would assume this company is intending to sue you for the same basic "Per Item" offense.

 

[shadowedsniper]

Easiest way out of this is still to just leave the USA... I'd much rather do that than even pay a measly $1800 settlement.

Can't tell if sarcasm or not...

$700k is one thing but fleeing the US over a $1800 settlement? Seriously?

Kids these days...

 

[rhino2020]

I would pay the $1,800 before leaving, spend more on leaving than the settlement.

 

[Kickflip]

Can't tell if sarcasm or not...

$700k is one thing but fleeing the US over a $1800 settlement? Seriously?

Kids these days...

$1800 should be enough for plane ticket + 1 months necessities to survive in your new found country. Why should everyone want to stay in their own home country if they don't like the laws there? Obviously this person feels that counterfeiting goods isn't a big deal, and therefore he wants to live in a country which doesn't pay so much attention to it.

Why would you say something like "Kids these days..." ? Do old people not find reasons to leave their country? Many old people decide to live in other countries to retire due to the warm weather and lower crime rates and cheap cost of living. Maybe that guy is looking to do the same, so why SHOULD he piss away $1,800 of his HARD EARNED money that he could instead use to start his new life?

Does that make much sense to you?

Hand $1,800 to someone else. Work 1-5 months to save up that amount again. THEN leave the country to pursue your dreams, or just flip them off, and use the situation as motivation and the $1,800 to make it happen.

 

[Expertpeon]

I don't really get the point of your post. Why would the company have to prove actual damages? Doesn't the USA have a "per offense" amount that the company can sue for in a case like this? Isn't this case open and shut Copyright/Trademark infringement?

http://www.thecourt.ca/2009/05/29/the-fake-rolex-has-to-go-as-per-canadian-courts%E2%80%A6/

Canada will mess you up for counterfeit goods. We don't screw around.

40 Hair Straighteners? 400,000-800,000 please.

I don't believe the US has a per offense, though they do have a per offense penalty for CRIMINAL charges (a fine)
Lantham act establishes 3 diff sections, plaintiffs must choose one which they will seek damages through
2 allow for attorney fees one does not, but if you go after attorney fees, you're strictly limited to 3 times the total cost of the counterfeit goods value.

It is only open and shut because the OP shipped in prelabeled, pretradement infringed items, probably to his own house.

$1800 should be enough for plane ticket + 1 months necessities to survive in your new found country. Why should everyone want to stay in their own home country if they don't like the laws there? Obviously this person feels that counterfeiting goods isn't a big deal, and therefore he wants to live in a country which doesn't pay so much attention to it.

Why would you say something like "Kids these days..." ? Do old people not find reasons to leave their country? Many old people decide to live in other countries to retire due to the warm weather and lower crime rates and cheap cost of living. Maybe that guy is looking to do the same, so why SHOULD he piss away $1,800 of his HARD EARNED money that he could instead use to start his new life?

See the sad part is they cannot generally leverage "pursuing criminal charges" in order to extort a settlement.
Still, the USA is a horrible place to live, I've lived in about 5 different countries, they've all been cheaper, safer and all around better places to live than here.

I'd take this, personally, as an opportunity to learn from my mistakes and also to leave, hiring a drop shipper domestically and sending counterfeits out through a dropshipper/mail forwarder using fake information.
Assuming he was making serious money, but I'm thinking he was making more like $400/week... rather than $4000/day

 

[Kickflip]

though they do have a per offense penalty for CRIMINAL charges (a fine).

That is what they are doing. From the OP:

They are suing me for 700k and seeking criminal charges

Again, unless I am missing something. Doesn't the fine = the same idea as suing?

 

[Expertpeon]

That is what they are doing. From the OP:



Again, unless I am missing something. Doesn't the fine = the same idea as suing?

Well the OP has changed his story, apparently they were threatening criminal charges if he doesn't pay them ... according to one of his posts.
And no totally diff.
The fine is imposed by the court in lieu of jail and is something like a maximum fine of $250k for an individual.
Civil claims are subject to the lantham act... which only allows 3 x the value of the goods + "reasonable" attorney fees.
Even in extremely drawn out cases the fees are generally capped at $100k.
If the value of the goods are not worth the effort (obviously the case here)... then they can seek out damages under article c) but must waive any claim to legal fee.

Of course it'd be in the OPs interest to simply file for bankruptcy and shift hard assets into subsidiary LLCs (which he should have done long ago anyway)

 

[shadowedsniper]

Giving up your US citizenship for a measly $1,800 is ridiculous and I can't think of any sane person who would even consider it under these circumstances. Like the OP said, just getting out of the country would cost you more than $1,800.

I'd be hesitant to leave for anything under $100k...

But for $700k, I'd be gone and would never look back. No doubt about it.

 

[Expertpeon]

Giving up your US citizenship for a measly $1,800 is ridiculous and I can't think of any sane person who would even consider it under these circumstances. Like the OP said, just getting out of the country would cost you more than $1,800.

I'd be hesitant to leave for anything under $100k...

But for $700k, I'd be gone and would never look back. No doubt about it.

I would gladly pay someone $10k to trade my US citizenship for an EU one.

Let alone BE paid to do it.
Also I don't know about you, but I fly to Uruguay and Chile often for <$700

 

[babypowder]

But for $700k, I'd be gone and would never look back. No doubt about it.

just cause they win a judgement doesn't mean you'd be paying anything. I'd be more focused on safely moving funds.

 

[Expertpeon]

just cause they win a judgement doesn't mean you'd be paying anything. I'd be more focused on safely moving funds.

That's precisely the point, he should have been doing this all along... again assuming he wasn't making what I think he actually was making.

 

[thetvnun]

hmmmm, i guess i didn't read into the story very well. remember, many/most drug dealers are convicted with "intent to sell". you don't actually have to have sold a thing - and that is not exclusive to drugs. just the same, one case doesn't sound so bad. when i used to have money i never showed up for my court cases; my lawyer went for me.

maybe your lawyer would do the same for you, you might want to bail out cause here's the thing. if you try to bail out after you have a warrant out - it's a serious crime that you will pay for eventually, if you bail-out after your arrested and before you go to court - it's a serious crime that you'll pay for eventually. if you bail-out after you serve time you'll be on felony probation and that's a serious crime that you'll pay for eventually.

then again its just a box, how bad could it be? i would stay if i was certain to do time in county jail, county jails not so bad; but if i thought for a minute i was going to do state time. i'd get out now. there are no race problems in county, in state you can be forced to do many things that will lead to more time.

i mean, anytime a fight breaks out you will side with your race and participate or suffer. one of the great things about power of attorney is the fact that they can stand in your stead. at least in the beginning when the da presents its evidence.

 

[Kickflip]

Giving up your US citizenship for a measly $1,800 is ridiculous and I can't think of any sane person who would even consider it under these circumstances. Like the OP said, just getting out of the country would cost you more than $1,800.

I'd be hesitant to leave for anything under $100k...

You do know that lots of people CHOOSE to pay a lot of money to leave the USA right? Is every person who ever leaves the USA insane? This situation is a great motivational tool to start a new life and try something different. The guy was willfully committing a criminal offense in his own country. The amount of money isn't the issue. If you are needing to become a criminal to have a decent life in your country, maybe you NEED to be considering living in a different country.

 

[rhino2020]

I heard belize is nice. Looked at condo's there before.

 

[Kickflip]

hmmmm, i guess i didn't read into the story very well. remember, many/most drug dealers are convicted with "intent to sell". you don't actually have to have sold a thing - and that is not exclusive to drugs. just the same, one case doesn't sound so bad. when i used to have money i never showed up for my court cases; my lawyer went for me.

then again its just a box, how bad could it be? i would stay if i was certain to do time in county jail, county jails not so bad; but if i thought for a minute i was going to do state time. i'd get out now. there are no race problems in county, in state you can be forced to do many things that will lead to more time.

From how I understand about these proceedings, he will have plenty of time to make his decision, but once it goes to court, I would leave the county. He is not a dangerous offender so they won't restrict his travel.

But again, if I understand it correctly, there are only a few possible outcomes:
1) Pay a settlement directly to company, will probably end up being $4,000 to $20,000.
2) Go to court, get fined $250,000 based on the street value/amount of items, no jail time anywhere.
3) Go to court, get fine $250,000 based on the street value/amount of items, federal jail time, no chance of county jail.

If it goes to court, I can't see the judgement being any less than $250,000.
If it goes to court, I think the risk of jail time will be VERY low IF they don't link him to past transactions.
If you can afford up to $20,000, I think you will be settling.

 

[Expertpeon]

I heard belize is nice. Looked at condo's there before.

You can buy a very nice 2 bedroom apartment overlooking the ocean in MVD for <$90k... $60k if you don't mind the ritsy park area instead.

After that you'd need about $5000/yr to survive and live well.

But again, if I understand it correctly, there are only a few possible outcomes:
1) Pay a settlement directly to company, will probably end up being $4,000 to $20,000.
2) Go to court, get fined $250,000 based on the street value/amount of items, no jail time anywhere.
3) Go to court, get fine $250,000 based on the street value/amount of items, federal jail time, no chance of county jail.

Going to court for civil proceeding if the DA decides not to pursue charges (depends on how much evidence there really is)
the civil court ruling would prob be between 4-25k... of course if he'd just file for bankruptcy a net loss for the company.

One of the dumbest parts about the US legal system is how big business interests based it is... since the maximum pursuant under the lantham act is $6000... in my opinion they should only be allowed to ask for the maximum.

There are many instances that have court rulings for <$100k in cases like this.

 

[shadowedsniper]

Maybe I am wrong here, but if this is a criminal case and OP leaves the country, that is nowhere near the same thing as voluntarily leaving and moving to another country. Fleeing prior to sentencing means permanently giving up US citizenship and never being able to come back again without getting arrested. I'm assuming you don't have family? Friends? And you'd give it all up for just $1,800?

I'd gladly become a EU citizen if I was given the opportunity, but I'd want to leave the US in good standing. The US govt has a pretty widespread international reach and I wouldn't want to be hiding all my life just because I didn't feel like paying an $1,800 fine.