Probation on Federal Texas Eastern District Trafficking in Counterfeit Goods

Mr. Lowe’s client hired him two years ago after a disappointing experience with another attorney.  At that time, the Department of Homeland Security had raided his client’s home based on a search warrant supported by an evidentiary affidavit establishing probable cause.  The raid yielded 63,088 counterfeit DVDs in the client’s possession, which were valued at $741,284.00.  Mr. Lowe’s client was facing a charge for Trafficking in Counterfeit Goods in violation of  18 U.S.C. 2320(a)(1), 18 U.S.C. 2320(b)(1)(A).  Mr. Lowe’s client faced up to 10 years in the Bureau of Prison (Federal Penitentiary), a fine up to $2,000,000 and restitution.  The applicable guideline calculation was a 21 and a criminal history category of I.  Therefore, the applicable guideline range for Mr. Lowe’s client was 37 to 46 months in the BOP.

After a lengthy negotiation with the U.S. Attorney’s Office for the Eastern District of Texas and investigation, Mr. Lowe was able to persuade the Assistant U.S. Attorney for the Eastern District of Texas, Sherman Division, to agree to Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement.  The agreed sentence was a 5 year probation and no fine.  Mr. Lowe’s client was also subject to restitution payments up to the full value of the DVDs.  That is, Mr. Lowe’s client faced more than $700,000 in restition for the counterfeit DVDs for which he was responsible.  Mr. Lowe was able to negotiate his client’s restitution down to $100,000 payable over the during of the five year probation.  Federal District Judge for the Eastern District of Texas, Amos Mazant, approved the 11(c)(1)(C) plea agreement.  Mr. Lowe’s client did not server a single day in jail and will not serve any time for his conduct on this case.


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