Counterfeit Goods Defense in Miami

These cases often start with a brand's private investigator, a test purchase, or a tip, followed by a raid and a seizure of everything in the store or storage unit. If your inventory was seized, or you were arrested, call a defense lawyer before you try to explain where the merchandise came from.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state court and in federal court in the Southern District of Florida. Our office answers 24 hours a day.

What Florida Law Prohibits

Florida's counterfeiting law, s. 831.032 of the Florida Statutes, covers two main crimes:

• Counterfeiting. Knowingly and willfully forging or counterfeiting a trademark or service mark on goods or services meant for resale, or manufacturing, distributing, transporting, or possessing those goods with intent to distribute or transport them. Knowingly possessing tools or materials for making specific counterfeit marks is also covered.
• Selling or offering counterfeit goods. Knowingly selling or offering for sale, or knowingly buying and keeping goods with intent to sell them, when the goods carry a forged or counterfeit trademark, knowing it is counterfeit.

A counterfeit mark, under the definitions in s. 831.03, is one that is identical to or an imitation of a registered mark, is used without the owner's authorization, and is likely to cause confusion, mistake, or deception.

Penalties Under Florida Law

The degree depends mostly on how many items and how much they are worth:

• Under 100 items and $2,500 or less in retail value: a first-degree misdemeanor.
• 100 to 999 items, or more than $2,500 but less than $20,000 in retail value: a third-degree felony.
• 1,000 or more items, or $20,000 or more in retail value: a second-degree felony.

The charge goes up if someone gets hurt. If the person knowingly or by culpable negligence causes bodily injury, it is a third-degree felony; serious bodily injury, a second-degree felony; death, a first-degree felony.

A second conviction is bumped up one level. A misdemeanor becomes a third-degree felony, a third-degree felony becomes a second-degree felony, and a second-degree felony becomes a first-degree felony.

What the degrees mean. Under Florida's general penalty statutes, the maximums are: first-degree misdemeanor, up to 1 year; third-degree felony, up to 5 years; second-degree felony, up to 15 years; first-degree felony, up to 30 years. These are maximums, not what every case gets.

Money penalties. Instead of a regular fine, the court may fine a person up to three times the retail value of the goods seized, manufactured, or sold, and may order the costs of investigation and prosecution. On conviction, the court must order restitution to the trademark owner and any other victim, including the trademark owner's investigation and prosecution expenses and the profits the person made.

Forfeiture. Police may seize counterfeit goods and the tools to make them. Vehicles and other property used to commit the crime may be seized and forfeited. On conviction, the court must order forfeiture of proceeds, property used in the crime, and the counterfeit items.

Federal exposure. Trafficking in counterfeit goods can also be charged in federal court under 18 U.S.C. s. 2320. For an individual's first offense, the statute allows a fine of up to $2,000,000, up to 10 years in prison, or both, with higher penalties for repeat offenses, counterfeit drugs or military goods, and cases involving serious injury or death.

Why Retail Value Is Often the Real Fight

Under Florida's definition, retail value is usually the seller's regular price. But if the fake would look authentic to a reasonably prudent person, the State can use the price of the real product instead. That one rule can turn a misdemeanor into a felony. A $30 bag sold as a $30 bag is one case; the same bag valued at the price of the designer original is another.

We test the State's numbers: how many items were really counterfeit, which ones were counted twice, whether the items really would look authentic to a reasonable buyer, and whether the brand's own valuation holds up.

How We Defend Counterfeit Cases

1. What did you know? Both crimes require that you acted knowingly. Buying inventory from a supplier who said it was genuine, or from a liquidation sale, is a real issue in many cases.
2. Is it really counterfeit? The State usually relies on the brand's own investigator. We look at how the items were examined and by whom.
3. Is the mark protected? The definition requires a registered mark, used without authorization, in a way likely to cause confusion. Florida law also says all defenses available in a civil trademark case under the federal Lanham Act apply in a criminal prosecution.
4. The count and the value. Item counts and retail value drive the degree. We fight the numbers.
5. The search. Store and warehouse raids must follow the law. See Motions to Suppress.

What to Do Right Now

1. Do not talk to police, brand investigators, or customs agents about where the goods came from. Say you want a lawyer.
2. Do not sell, move, or destroy remaining inventory, invoices, or messages.
3. Keep your purchase records: invoices, receipts, supplier names, payment records, chats.
4. Keep every paper police gave you, including the inventory of what was seized.
5. If someone is still in jail, see Bond & Nebbia Hearings. If there is a warrant, see Self-Surrender.
6. Call us. Our office answers 24 hours a day.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

I didn't know the items were fake. Can I still be charged?

You can be charged, but the State has to prove you acted knowingly. What you knew, and what your supplier told you, is often the center of the defense.

How does the State decide if it's a felony?

Mostly by the number of items and their retail value. 100 or more items, or more than $2,500 in retail value, makes it a felony under Florida law.

Can they use the price of the real designer product?

Yes, if the fake would look authentic to a reasonably prudent person. Otherwise, retail value is the seller's regular price. This is often where the case is won or lost.

Will I lose my car or my business property?

Property used to commit the crime can be seized and forfeited, and on conviction the court must order forfeiture of proceeds and property used in the offense. We address this from the start.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.