Counterfeiting Defense Attorney in Houston

Federal Counterfeiting Statutes & What Prosecutors Must Prove

Federal counterfeiting charges fall into two broad categories. Currency and obligation counterfeiting under 18 U.S.C. 471, 472, and 473 covers falsely making, passing, or dealing in counterfeit U.S. currency or government securities. Each offense carries a potential sentence of up to 20 years in federal prison.

Trademark counterfeiting and trafficking in counterfeit goods are prosecuted under 18 U.S.C. 2320. To convict, prosecutors must prove the defendant intentionally trafficked in goods or services, that a counterfeit mark was used, and that the defendant knew the mark was counterfeit.

• A first offense carries up to 10 years in prison and a fine of up to $2,000,000.
• A second offense carries up to 20 years and up to $5,000,000 in fines.
• Trafficking in counterfeit military goods or services, or counterfeit drugs, is treated more severely: up to 20 years and a $5,000,000 fine even on a first offense.

How Federal Counterfeiting Cases Are Investigated in Houston

Homeland Security Investigations (HSI) Houston, working alongside U.S. Customs and Border Protection and the National Intellectual Property Rights Coordination Center, has conducted multiple operations targeting counterfeit goods in the Houston area, including seizures at George Bush Intercontinental Airport. The U.S. Secret Service holds primary federal jurisdiction over currency counterfeiting investigations. Federal charges arising from these investigations are prosecuted by the U.S. Attorney’s Office for the Southern District of Texas at the Bob Casey United States Courthouse in Houston.

Defense Strategies in a Federal Counterfeiting Case

No two counterfeiting cases are identical. The strategies available depend on the specific charges, the evidence gathered, and how investigators conducted themselves.

We can examine each of the following areas and more as part of our review:

• Knowledge & Intent: Lack of knowledge that goods or currency were counterfeit is a recognized defense. If the government can’t prove you knew what you were handling, the intent element may not be met.
• Parallel Imports & Gray Market Goods: Genuine goods imported outside an authorized distribution channel, sometimes called gray market goods, may not meet the legal definition of counterfeit under 18 U.S.C. 2320.
• Overrun Goods: Goods manufactured after a trademark license or authorization expired may not qualify as counterfeit under the statute. These situations require careful analysis of the licensing timeline and manufacturing records.
• Constitutional Challenges: Evidence obtained through an unconstitutional search or seizure can be challenged through a suppression motion. If the government obtained its evidence improperly, we can pursue that avenue aggressively.
• Entrapment: Undercover sting operations are common in counterfeiting investigations. When the government induced conduct that wouldn’t otherwise have occurred, an entrapment defense may apply.

When a case involves counterfeit military goods or services, our background in military criminal law informs how we approach both the statutory analysis and the broader defense strategy.

Don’t Wait to Retain Defense Counsel

Federal investigations often begin well before charges are filed. If an agent has contacted you, asked questions, or served a warrant, the government may already have a file with your name on it. Waiting to retain counsel is one of the costliest mistakes you can make. Our Houston counterfeiting defense lawyers offer a free consultation, and we encourage anyone who has been contacted by federal agents or been served with counterfeiting charges to call us before speaking with investigators or anyone else.

Call (713) 364-9913 to reach Guy L. Womack & Associates, P.C..