APPENDIX C:
INTELLECTUAL PROPERTY CASES - UNITED STATES ATTORNEYS' OFFICES - FISCAL YEAR 2002

Title 18, United States Code, Section 2318* - Trafficking in Counterfeit Labels for Phono Records and Copies of Motion Pictures or Other Audiovisual Works.

Offense: knowingly trafficking in a counterfeit label affixed or designated to be affixed to a phono record or a copy of a motion picture or other audiovisual work.

FY 2002 - TOTALS (All Districts)

Referrals and Cases:
  Number of Investigative Matters Received by U.S. Attorneys: 18
    Number of Defendants: 20
  Number of Cases Filed: 13
    Number of Defendants: 15
  Number of Cases Resolved/Terminated: 7
    Number of Defendants: 11
 

Disposition of Defendants in Concluded Cases:

  Number of Defendants Who Pleaded Guilty: 8
  Number of Defendants Who Were Tried and Found Guilty: 0
  Number of Defendants Against Whom Charges Were Dismissed: 1
  Number of Defendants Acquitted: 0
  Other Terminated Defendants:

2

 

Prison Sentencing for Convicted Defendants (# represents defendants):

  No Imprisonment: 5
  1 to 12 Months Imprisonment: 3
  13 to 24 Months: 0
  25 to 36 Months: 0
  37 to 60 Months: 0
  61 + Months: 0

Total Dollar value of All Criminal Fines Imposed: Not Available
(fines can be assessed in lieu of or in addition to prison sentences)

*This chart includes data on any and all criminal cases/defendants where 18 U.S.C. 2318 was brought as any charge against a defendant.


Title 18, United States Code, Section 2319*- Criminal Infringement of a Copyright.

Offense: willful infringement of a copyright for purposes of commercial advantage or private financial gain, or through large-scale, unlawful reproduction or distribution of a protected, regardless of whether there was a profit motive.

FY 2002 - TOTALS (All Districts)

Referrals and Cases:
  Number of Investigative Matters Received by U.S. Attorneys: 75
    Number of Defendants: 144
  Number of Cases Filed: 25
    Number of Defendants: 73
  Number of Cases Resolved/Terminated: 28
    Number of Defendants: 56
 

Disposition of Defendants in Concluded Cases:

  Number of Defendants Who Pleaded Guilty: 46
  Number of Defendants Who Were Tried and Found Guilty: 1
  Number of Defendants Against Whom Charges Were Dismissed: 8
  Number of Defendants Acquitted: 0
  Other Terminated Defendants:

1

 

Prison Sentencing for Convicted Defendants (# represents defendants):

  No Imprisonment: 30
  1 to 12 Months Imprisonment: 6
  13 to 24 Months: 5
  25 to 36 Months: 3
  37 to 60 Months: 3
  61 + Months: 0

Total Dollar value of All Criminal Fines Imposed: Not Available
(fines can be assessed in lieu of or in addition to prison sentences)

*This chart includes data on any and all criminal cases/defendants where 18 U.S.C. 2319 was brought as any charge against a defendant.


Title 18, United States Code, Section 2319A* - Unauthorized Fixation of and Trafficking in Sound Recordings and Music Videos of Live Musical Performances.

Offense: without the consent of the performer, knowingly and for purposes of commercial advantage or private financial gain, fixing the sounds or sound and images of a live musical performance, reproducing copies of such a performance from an authorized fixation; transmitting the sounds or sounds and images to the public, or distributing, renting, selling, or trafficking (or attempting the preceding) in any copy of an unauthorized fixation.

FY 2002 - TOTALS (All Districts)

Referrals and Cases:
  Number of Investigative Matters Received by U.S. Attorneys: 7
    Number of Defendants: 9
  Number of Cases Filed: 5
    Number of Defendants: 7
  Number of Cases Resolved/Terminated: 7
    Number of Defendants: 9
 

Disposition of Defendants in Concluded Cases:

  Number of Defendants Who Pleaded Guilty: 5
  Number of Defendants Who Were Tried and Found Guilty: 0
  Number of Defendants Against Whom Charges Were Dismissed: 4
  Number of Defendants Acquitted: 0
  Other Terminated Defendants:

0

 

Prison Sentencing for Convicted Defendants (# represents defendants):

  No Imprisonment: 3
  1 to 12 Months Imprisonment: 1
  13 to 24 Months: 1
  25 to 36 Months: 0
  37 to 60 Months: 0
  61 + Months: 0

Total Dollar value of All Criminal Fines Imposed: Not Available
(fines can be assessed in lieu of or in addition to prison sentences)

*This chart includes data on any and all criminal cases/defendants where 18 U.S.C. 2319A was brought as any charge against a defendant


TITLE 18 UNITED STATES CODE, SECTIONS 2320* - Trafficking in Counterfeit Goods or Services.

Offense: intentionally trafficking or attempting to traffic in goods or services and knowingly using a counterfeit mark on or in connection with such goods or services.

FY 2002 - TOTALS (All Districts)

Referrals and Cases:
  Number of Investigative Matters Received by U.S. Attorneys: 81
    Number of Defendants: 135
  Number of Cases Filed: 52
    Number of Defendants: 79
  Number of Cases Resolved/Terminated: 56
    Number of Defendants: 88
 

Disposition of Defendants in Concluded Cases:

  Number of Defendants Who Pleaded Guilty: 59
  Number of Defendants Who Were Tried and Found Guilty: 2
  Number of Defendants Against Whom Charges Were Dismissed: 27
  Number of Defendants Acquitted: 0
  Other Terminated Defendants:

0

 

Prison Sentencing for Convicted Defendants (# represents defendants):

  No Imprisonment: 33
  1 to 12 Months Imprisonment: 16
  13 to 24 Months: 9
  25 to 36 Months: 2
  37 to 60 Months: 1
  61 + Months: 0

Total Dollar value of All Criminal Fines Imposed: Not Available
(fines can be assessed in lieu of or in addition to prison sentences)

*This chart includes data on any and all criminal cases/defendants where 18 U.S.C. 2320 was brought as any charge against a defendant.


TITLE 18 UNITED STATES CODE, SECTIONS 2318, 2319, 2319A, AND 2320*
Comparison All Districts - All Statutes

      FY 00 FY 01 FY 02
Referrals and Cases
  Number of Investigative Matters Received by U.S. Attorneys: 197 191 169
    Number of Defendants: 314 283 289
    Number of Cases Filed: 106 84 78
    Number of Defendants: 162 121 149
    Number of Cases Resolved/Terminated: 79 81 82
    Number of Defendants: 99 106 135
           
  Disposition of Defendants in Concluded Cases      
    Number of Defendants Who Pled Guilty: 71 83 103
    Number of Defendants Who Were Tried and Found Guilty: 5 3 3
    Number of Defendants Against Whom Charges Were Dismissed: 19 17 26
    Number of Defendants Acquitted: 1 0 0
    Other Disposition: 3 3 3
           
Prison Sentencing for Convicted Defendants (# represents defendants)
    No Imprisonment: 51 46 58
    1 to 12 Month: 10 23 25
    13 to 24 Months: 9 8 14
    25 to 36 Months: 6 3 5
    37 to 60 Months: 0 2 4
    61 + Months: 0 4 0
           
Statistics on Matters/Cases Originating with the United States Customs Service
  Number of Investigative Matters Referred by U.S. Customs Service: 64 60 57
    Number of Defendants: 101 91 84
  Number of Customs Matters Pending Resolution: 77 74 83
    Number of Defendants: 120 111 126
  Number of Customs Matters Terminated: 23 26 22
    Number of Defendants: 40 46 35
  Number of Cases Originating with U.S. Customs Service: 31 35 26
    Number of Defendants: 49 49 34
  Number of Customs Cases Pending Resolution: 70 72 59
    Number of Defendants: 113 109 85
  Number of Customs Cases Resolved/Terminated: 29 21 37
    Number of Defendants: 3 30 54

*This chart includes data on any and all criminal cases/defendants where 18 U.S.C. 2318, 18 U.S.C. 2319, 18 U.S.C. 2319A, or 18 U.S.C. 2320 was brought as any charge against a defendant. However, the statutes were run together to eliminate any double counting of cases/defendants where more than one of the statutes were charged against the same defendant.

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