Being Sued Possible Arrest

[Expertpeon]

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.

I wonder what the proceedings are like if you leave the country prior to ever having any criminal charges filed or anything.
Who knows, not coming back to the USA sounds lovely to me, and I have many friends here.

 

[Kickflip]

 

[Kickflip]

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.

The government isn't as powerful as you believe. You don't need to hide when you are convicted of a trademark infringement crime. I think your friends and family would LOVE a vacation to come visit you on all of your dirty counterfeiting money.

 

[Expertpeon]

This is why I believe they will ask for $250K+

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01852.htm

That's not at all related to counterfeiting though, that's an RIAA law to try and destroy piracy but really just wound up making us all realize how corrupt the gov is.

The government isn't as powerful as you believe. You don't need to hide when you are convicted of a trademark infringement crime. I think your friends and family would LOVE a vacation to come visit you on all of your dirty counterfeiting money.

My only concern for the OP leaving is he doesn't seem to know how to SEO worth a crap, hence why he used ebay at all.
If he was merely counterfeiting having crap shipped to a forwarder inside the US (if it's seized it simply won't arrive) and then shipped to the final destination (mailbox rental place) where it's picked up by some dropshipper he hired part time, and then NOT using egay he'd be fine... he probably could go decades without ever having any problems.

But instead he's using ebay... and with that comes tons more problems... paypal, ebay accounts, chargebacks, refunds, far higher levels of monitoring by companies. blahblah

 

[rhino2020]

never tried SEO before to be honest. My gut says everything is going to work out, may have to pay some cash but I think risk of jail time is slim. May just be wishful thinking.

 

[Kickflip]

That's not at all related to counterfeiting though, that's an RIAA law to try and destroy piracy but really just wound up making us all realize how corrupt the gov is.

I really must be missing something huge. The guy is going to be charged with Trademark Infringement if it goes to court. Isn't that the same thing here? Copyright Infringement and Trademark Infringement are both "thefts" of intellectual property.

Even if we look at the details of the "Lantham Act", I don't see where the maximum of $6,000 you are getting is.

http://www.bitlaw.com/source/15usc/1117.html

not less than $ 500 or more than $ 100,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or
(2)
if the court finds that the use of the counterfeit mark was willful, not more than $ 1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just.

As I have shown previously, in Canada it is not unusual to see Counterfeiters being charges $10,000 to $20,000 PER item. Canada and the USA are usually fairly comparable as far as legal proceedings.

I just don't see what would stop them from going after a per item judgement in this case.

The items were clearly imported with the intent to distribute them, and especially if they find a few of his ebay accounts the courts will want to make an example of his I believe,

 

[rhino2020]

Goal is keep it from going to court.

 

[Expertpeon]

 

[rhino2020]

Could you not say, on the site it didn't say if it was real or not, so how was I suppose to know? I'm not a flat iron expert.

 

[Expertpeon]

Could you not say, on the site it didn't if it was real or not, so how was I suppose to know? I'm not a flat iron expert.

I'm not an attorney, the precedent in such cases would guide the threshold to mens rea.
I cannot find cases of particular value to you at present, you can check out nexlex

 

[robertrupp]

I would definitely lawyer up... What kind of products were you seling anyway?

 

[thedon23]

Could you not say, on the site it didn't say if it was real or not, so how was I suppose to know? I'm not a flat iron expert.

Had a friend who was drop shipping hair straighteners from China years ago. He was like 16 at the time (lived in Canada). He eventually got an email from the company about it. Since he was a minor, it was fairly easy to get out of. And he was only selling like 10 a month. He told them he never knew they were fake. They let him go, given he would not continue selling their products.

I mean, it may depend on how much you bought the straighteners for? If you bought 40 for like $300, when they are each retailed at $100, it's going to be impossible for you to say you didn't know they were fake (these are just random numbers I'm using).

To everyone telling you to flee; it's a viable option, but easier said than done. You may have ties in the USA, and it's easy for other people to tell you to just get up and leave. But on the other hand, the consequences of staying may be stiff. See if the company will settle first.

 

[Lordstriker]

tried telling you to stop after the first two letters. my advice from my stint in 05 is to get a whole bunch of address written down before you go in so you can write to people, read, and work out (make sure to do legs too).

keep us posted, affects alot of us on here!

Crazy...

As harsh as it sounds, try to cut a deal, give up your suppliers etc
(not like they can actually touch the factories anyway)

You may get lucky, sign to have the stock destroyed and not to do it again, maybe blacklist your address as-well etc

Worked for me, I walked away a free man...

Similarly when Facebook C&D me, they where demanding near $60,000
I only paid $700...

 

[ygg]

Try to make a deal with them? US is crazy these days...

 

[rever20]

Don't commit the crime if you can't do the time. Straighten yourself out and do your time like a man. You'll meet lots of good contacts and when you get out you'll earn fortunes.

Seriously WTF?

 

[dan777]

I received a letter yesterday from the company that I purchased replicas of their products. They are suing me for 700k and seeking criminal charges, I possibly could be looking at 6months to 5 years in the federal pen my lawyer said today. Take this as a warning to all replica sellers, stop now before it's too late! Item's were seized is how they found me.

Do not wait!

 

[accelerator_dd]

Well this only proves what some people still believe - doing the blackhat stuff is more rewarding but hundred times harder. You are doing it successfully only if you don't get caught/banned/sued.

As for you my friend, a lot of things don't depend on you. There are places in the world where you wouldn't need to watch over your shoulder, and depending on how this situation escalates if I were you i'd keep my options open. My only advice to you is don't rush it, have all the cards laid on the table before you decide on your move.

If giving up your savings is what it takes, I'd do it. It's just another lesson in life, and if you were making that kind of cash it means you had the mindset to learn. Even if you start from nothing you will climb back in something else. There are a lot of things IM related anyone can do.

Wish you the best

 

[Lordstriker]

Well this only proves what some people still believe - doing the blackhat stuff is more rewarding but hundred times harder. You are doing it successfully only if you don't get caught/banned/sued.

As for you my friend, a lot of things don't depend on you. There are places in the world where you wouldn't need to watch over your shoulder, and depending on how this situation escalates if I were you i'd keep my options open. My only advice to you is don't rush it, have all the cards laid on the table before you decide on your move.

If giving up your savings is what it takes, I'd do it. It's just another lesson in life, and if you were making that kind of cash it means you had the mindset to learn. Even if you start from nothing you will climb back in something else. There are a lot of things IM related anyone can do.

Wish you the best

its true, most of us are self made, done it once, do it again, smarter, better and bigger

 

[sheebal]

Ouch! That sucks OP. Hope everything goes for the better. 700k? That is crazy

 

[sciter]

If you really have enough money and you do not bother leaving some family or friends behind, I should move abroad and start a new bussiness from there.