Trafficking in Counterfeit Goods lawyer Near Me
If you are searching for a trafficking in counterfeit goods lawyer near you in Virginia, Law Offices Of SRIS, P.C. provides federal criminal defense representation to individuals across the Commonwealth. Mr. Sris and the firm’s Of Counsel attorneys defend clients facing federal charges under 18 U.S.C. § 2320, the national statute that prohibits trafficking in counterfeit goods and services. The U.S. Attorney’s Office for the Western District of Virginia, which sits in Roanoke, and the Eastern District of Virginia each prosecute these matters with substantial resources, and a federal indictment carries serious consequences. Our firm appears regularly in the federal courts of both districts, from the Roanoke division to Alexandria and Richmond. We understand the investigative methods of federal agencies such as the FBI and DHS, and we work to protect the rights of the accused at every stage. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
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ToggleWhat Trafficking in Counterfeit Goods Means in Virginia
Trafficking in counterfeit goods is a federal offense, meaning it is prosecuted in the United States District Court rather than Virginia’s state court system. The statute, 18 U.S.C. § 2320, makes it a crime to intentionally traffic, or attempt to traffic, in goods or services while knowingly using a counterfeit mark. A case becomes federal because the activity involves interstate or foreign commerce, or because the goods themselves cross state lines. In Virginia, the U.S. Attorney’s Office for the Western District of Virginia handles prosecutions that originate in the southwestern part of the Commonwealth, including cities such as Roanoke, Lynchburg, and Danville. The Eastern District, based in Alexandria and Richmond, handles the remainder of the state. Because these courts follow the Federal Rules of Criminal Procedure and the United States Sentencing Guidelines, defending a counterfeit-goods charge requires an attorney who is admitted to practice in federal court and who understands the procedural differences from a state criminal case.
Federal counterfeit-goods investigations often begin with a seizure of merchandise by Customs and Border Protection or by a domestic law enforcement task force. The government may then bring an indictment after a grand jury proceeding, or it may proceed by criminal complaint. The defendant faces a pretrial detention hearing before a federal magistrate judge, followed by an arraignment and subsequent phases. The potential sentence includes a term of imprisonment, fines, and restitution, as well as a term of supervised release. The nature and extent of the penalties depend on the value of the counterfeit goods and the defendant’s role. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to these matters. Results may vary.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Trafficking in Counterfeit Goods Cases
When a person is under investigation for, or has been charged with, a federal violation of 18 U.S.C. § 2320, early engagement of counsel is critical. Mr. Sris, a former prosecutor, recognizes the government’s approach to building a case and is able to identify weaknesses in the evidence, including chain-of-custody issues with seized merchandise, the reliability of expert testimony regarding whether a mark is counterfeit, and the prosecution’s ability to prove the defendant’s knowledge. The firm’s Of Counsel attorneys support the matter with additional experience in federal criminal defense, and together they assess the charging instrument, negotiate with the Assistant U.S. Attorney, and prepare for trial if a resolution in the client’s best interests is not available.
The process typically begins with a thorough case review and an exploration of the factual narrative. Counsel may engage an independent experienced attorney to evaluate the alleged counterfeit goods, scrutinize the government’s inventory of seized items, and challenge the valuation methodology that often drives the sentencing range. The defense may also explore whether the government can establish the required intent—namely, that the accused acted with the specific knowledge that the mark was counterfeit. In many cases, mitigating factors or evidentiary gaps provide a basis for a motion to suppress or a motion for a reduced charge. Throughout the proceeding, Mr. Sris and the firm’s Of Counsel attorneys keep the client informed and work toward favorable outcomes under the circumstances.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He has practiced federal criminal defense since founding the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background as a former prosecutor provides him with insight into how federal investigations are conducted and how the government constructs its case. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is also experienced in financial investigations and technology-related cases, a skill set that frequently applies to fraud and counterfeit-goods allegations.
The firm’s Of Counsel attorneys are practitioners who appear in federal court and bring experience in criminal litigation. Each works with Mr. Sris on a matter-by-matter basis, contributing to the strategic and evidentiary analysis that a federal defense demands. Law Offices Of SRIS, P.C. maintains locations in Fairfax and Richmond, Virginia, and serves clients throughout the Commonwealth. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Frequently Asked Questions
What is trafficking in counterfeit goods under federal law?
Trafficking in counterfeit goods is the federal act of intentionally selling, distributing, or otherwise dealing in products that bear a counterfeit trademark, in violation of 18 U.S.C. § 2320. The statute covers goods that are identical to or substantially indistinguishable from a registered mark and are likely to cause confusion, mistake, or deception. The offense is not limited to physical storefront trafficking; it includes online sales, importing, and any activity that affects interstate or foreign commerce. A conviction requires proof that the person acted knowingly, meaning the person knew the mark was counterfeit.
What should I do if I am charged with trafficking in counterfeit goods in Virginia?
If you are charged with trafficking in counterfeit goods in Virginia, you should contact a federal criminal defense attorney immediately and refrain from discussing the case with anyone other than your lawyer. Federal investigations can be lengthy, and statements made to law enforcement or to others can be used against you. Preserve any documents that may relate to your business and contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Early legal intervention can affect the course of the investigation and any eventual prosecution.
How does a federal counterfeit-goods case differ from a state criminal case?
Federal counterfeit-goods cases are prosecuted in U.S. District Court, not state court, and are governed by the Federal Rules of Criminal Procedure and the U.S. Sentencing Guidelines. The government is represented by a federal prosecutor from the U.S. Attorney’s Office, and the investigation may involve agencies such as Homeland Security Investigations or the FBI. There is no parole in the federal system, and the sentencing guidelines, while advisory, exert strong influence on the actual sentence. The procedural steps—initial appearance, detention hearing, arraignment, discovery, pretrial motions, and trial—follow a federal timeline under the Speedy Trial Act, which can be different from the pace of a state proceeding.
Do I need a lawyer for a trafficking in counterfeit goods charge?
Yes, you need an experienced federal criminal defense lawyer for a trafficking in counterfeit goods charge. Federal prosecutors have high conviction rates, and the penalties upon conviction can include imprisonment, heavy fines, and restitution. A lawyer can challenge the government’s evidence, negotiate for a pretrial resolution, and ensure that your rights under the Fourth, Fifth, and Sixth Amendments are protected. Law Offices Of SRIS, P.C. represents clients in federal court across Virginia; call (888) 437-7747 to discuss your situation.
Where can I find a federal counterfeit-goods lawyer near Roanoke, Virginia?
If you are looking for a lawyer near Roanoke who handles federal counterfeit-goods charges, Law Offices Of SRIS, P.C. represents clients in the U.S. District Court for the Western District of Virginia, which includes the Roanoke division. While our firm’s Virginia locations are in Fairfax and Richmond, we appear regularly in federal courthouses throughout the Commonwealth and maintain a statewide practice. For an appointment, call (888) 437-7747 or visit our website to schedule a consultation.
For more on federal criminal defense in Virginia, see our page on federal criminal defense in Virginia.
Primary sources: U.S. District Court for the Western District of Virginia · 18 U.S.C. § 2320 · Virginia’s Judicial System
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Case results depend on a variety of factors unique to each case.