Trafficking in Counterfeit Goods—Atlanta DVDs

Eleven suspects were arrested in a raid in Atlanta, Georgia, U.S.A. yesterday by a joint team of more than 60 agents from the FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, local SWAT squads, and police and sheriff's departments.^[1] Agents also seized more than US$14 million (€11 million) in pirated CDs and DVDs, four disk burners, and rooms full of counterfeit clothing.^[2] No significant cash was discovered on the premises. All of the suspects are said to be West African nationals.^[3] Charges are likely to include illegal reproduction of copyrighted material and money laundering.

The warehouse apparently was used both as a retail outlet for the goods and as a manufacturing and distribution site.^[4] Among the DVDs seized in the raid were newly released movies including "Pirates of the Caribbean 2," "Employee of the Month," "Jackass Number 2," "Snakes on a Plane," “Carlito’s Way” and “The Incredibles,” as well as television shows (“Chappelle’s Show” and “Boondocks”), and the inevitable pornography.^[5] The investigation was initiated on August 4, 2006 when county sheriff's officers arrested a man carrying copies of allegedly pirated CDs and traced them back to the warehouse.^[6]

During the contraband search, officers also discovered various personal items and copies of the Qur'an, leading authorities to come to two additional conclusions: That the suspects were living in the warehouse and that the suspects are Muslim.^[7] Based on this “red flag” evidence, authorities have announced that they will broaden the investigation to include immigration and terrorism crimes as well as trafficking.^[8] All 11 suspects remain in the custody of the Fulton County Sheriff’s office at the moment.^[9] No names have been released.^[10]

Individuals charged with trafficking in counterfeit goods are usually charged under 18 U.S.C. § 371 (conspiracy) and 18 U.S.C. § 2320(a) (trafficking in counterfeit goods). The punishment for trafficking in goods that bear a counterfeit mark is a fine of up to US$2 million, imprisonment for up to 10 years, or both.

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[1] 11 Men Arrested in Counterfeit Raid in Atlanta, Associated Press, Oct. 12, 2006 [hereinafter AP].
[2] Daniel Silliman, Clayton Sheriff Raids Pirating Warehouse, Clayton News Daily, Oct. 12, 2006 [hereinafter Clayton].
[3] AP supra note 1.
[4] AP supra note 1.
[5] AP supra note 1.
[6] 11 Arrested in Counterfeit Raid in Georgia, Associated Press, Oct. 12, 2006.
[7] Clayton supra note 2.
[8] Clayton supra note 2. A search of the Electronic Case Filing system for the Northern District of Georgia did not indicate that a federal case has been made public yet in this matter.
[9] Clayton supra note 2.
[10] AP supra note 1.