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Counterfeit trader ordered to repay £100,000 under POCA (16 May 2016)

Date: 16/05/2016
Duncan Lewis, Crime Solicitors, Counterfeit trader ordered to repay £100,000 under POCA

Birmingham City Council has prosecuted A Birmingham businessman for offences under the Trade Marks Act 1994, relating to the possession of counterfeit goods – including designer clothing, headphones, tobacco and cosmetics, for the purpose of selling them to customers.

Trading Standards officers inspecting the premises on 24 January 2014 and seized more than 1,800 items suspected to be counterfeit goods – about 90% of the shop’s stock – which had an estimated street value of £16,000.

The items in question bore registered trademarks such as Adidas, Dolce & Gabbana, UGG, Louis Vuitton, Apple, Hugo Boss and Beats, suggesting they were genuine products – even though they did not have the consent of the companies in question.

The products were subsequently examined by the companies’ representatives, who confirmed that they were counterfeit.

Phonetec UK Limited and company director Mohammed Akhtar Musejee – trading as Akee’s at 114 Warren Farm Road in Kingstanding – pleaded guilty at an earlier hearing on 10 April 2015 to 19 offences under the Trade Marks Act 1994.

At a hearing on 17 July 2015, Musejee received an eight-week suspended prison sentence for his involvement in the crime.

Under the Proceeds of Crime Act (POCA) 2002, Musejee was ordered to pay back £100,000, after the Court determined that he had made this sum from his criminal activity.

If the amount is not paid within three months, Musejee faces a prison sentence of two years in default.

He must also pay £3,000 in costs.

Musejee’s business, Phonetec UK Limited, was fined £100 for each of the 19 offences and was ordered to pay a total of £1,200 towards court and prosecution costs.

Chair of Birmingham City Council’s Licensing and Public Protection Committee, Councillor Barbara Dring, said:

“Counterfeiting is not a victimless crime – consumers who think they are snapping up a bargain can be put at risk by products which do not meet safety standards, while legitimate retailers are unable to compete with cheaper, poor quality goods being sold by unscrupulous traders, effectively putting local jobs at risk and damaging the city’s economy.

“This result sends out a clear message that the sale of counterfeit goods will not be tolerated in our city – and that we will not hesitate to take action against anyone found doing so.”

The council said that Phonetec UK Limited – trading as Akee’s – was allowed to continue trading during the investigation and remains open to the public.

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise at any stage of a public protection offence, including selling counterfeit goods, selling illegal tobacco or alcohol, mislabelling offences, weights and measures offences, breaches of food hygiene, selling defective produce, or health and safety breaches.

There are Duncan Lewis offices nationwide and in most major cities – and Duncan Lewis can advise businesses and sole traders at the start of an investigation and before charges are brought.

Duncan Lewis can also advise on Confiscation Order under the Proceeds of Crime Act (POCA).

For expert legal advice on public protection offences, call Duncan Lewis criminal solicitors on 0333 772 0409.

For 24/7 help at a police station, call the Duncan Lewis 24-Hour Emergency Helpline on 0333 772 0607.


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