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Intellectual Property Crime Statistics from the Attorney General’s Annual Report
Intellectual Property Crimes
In Fiscal Year 1999, the number of referred matters, cases filed, and defendants charged with intellectual property crimes rose across all categories. Under the felony provisions of the statutes criminalizing the theft of intellectual property, U.S. Attorneys filed 108 cases, charging a total of 161 defendants. This represents a 12% increase in cases filed over Fiscal Year 1998. In FY99, U.S. Attorneys received 204 investigative matters concerning 333 defendants, which is an increase of 6% and 12%, respectively, over FY98 figures.
These increases are largely attributable to the heightened priority placed on prosecution of intellectual property crimes by individual U.S. Attorneys’ offices. We expect for even more dramatic increases next year, when these statistics more fully reflect accomplishments under a joint DOJ/FBI/U.S. Customs Service Intellectual Property Rights Enforcement Initiative.
The Initiative, announced on July 23, 1999, by Deputy Attorney General Eric Holder and ranking representatives of the FBI and the U.S. Customs Service, aims at elevating the priority of domestic criminal enforcement of intellectual property rights and developing a more vigorous international approach to criminal enforcement. Major components of the initiative include increasing the priority of criminal intellectual property investigations and prosecutions in seven "target" districts; increasing specialized training courses for investigators and prosecutors; seeking referrals from industry through a streamlined, direct referral system; and working with the U.S. Sentencing Commission to establish increased criminal penalties for infringement through amendments to the Sentencing Guidelines.
In
addition to increases in copyright and trademark enforcement, the Department
of Justice has also heightened its attention to the investigation and prosecution
of trade secret theft and economic espionage. As of this writing,
19 cases have been approved for criminal prosecution under the criminal
provisions of the "Economic Espionage Act of 1996."
Criminal Intellectual Property Statutes surveyed:
Title 18, United States Code, Section 2318 - Trafficking in Counterfeit
Labels for Phonorecords
and Copies of Motion Pictures or Other Audiovisual works;
Title 18, United States Code, Section 2319 - Criminal Infringement
of a Copyright;
Title 18, United States Code, Section 2319A - Unauthorized Fixation
of and Trafficking in Sound Recordings and
Music Videos of Live Musical Performances; and
Title 18, United States Code, Section 2320 - Trafficking in Counterfeit
Goods or Services.
Criminal Caseload Statistical Reports
Intellectual Property Cases - United States Attorneys Offices for Fiscal Year 1999
The information in this section is provided pursuant to the statutory mandate in Title 18, United States Code, Section 2320(e) and Title 28, United States Code, Section 552.
What follow are statistics regarding Department of Justice prosecutions of intellectual property crimes. This information was provided by the Executive Office for United States Attorneys (EOUSA), which is charged with maintaining criminal caseload statistical information as reported by the U.S. Attorneys. These statistics contain the number of criminal intellectual property matters referred to the U.S. Attorneys, as well as cases filed and terminated during 1999. The EOUSA does not maintain statistics on the quantity or value of property seized or information on whether forfeited property has been destroyed. These statistics represent only the activities of the U.S. Attorneys and do not include Federal criminal referrals that were immediately declined for prosecution.
The pages that follow contain summaries of the available statistics, segregated by statutory provision and preceded by a brief description of each offense. Also included are summaries of the overall totals and totals associated with matters and cases referred by the U.S. Customs Service to the U.S. Attorneys. Following those items are a comparison of FY 1998 and FY 1999 figures, a list of districts and their abbreviations, and the "Criminal Caseload Statistical Reports." For further information, please contact the Computer Crime and Intellectual Property Section (Criminal Division).
Criminal Intellectual Property Statutes surveyed:
Title 18, United States Code, Section 2318 - Trafficking in Counterfeit
Labels for Phonorecords
and Copies of Motion Pictures or Other Audiovisual works;
Title 18, United States Code, Section 2319 - Criminal Infringement
of a Copyright;
Title 18, United States Code, Section 2319A - Unauthorized Fixation
of and Trafficking in Sound Recordings and
Music Videos of Live Musical Performances; and
Title 18, United States Code, Section 2320 - Trafficking in Counterfeit
Goods or Services.
Title 18, United States Code, Section 2318 (18 U.S.C. §2318) - Trafficking in Counterfeit Labels for Phonorecords 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.
FY1999 - TOTALS (All Districts)*
Referrals and Cases:
Number of Investigative Matters Received by U.S. Attorneys: 14
Number of Defendants: 37
Number of Cases Filed: 11
Number of Defendants: 25
Number of Cases Resolved/Terminated: 10
Number of Defendants: 11
Disposition of Defendants in Concluded Cases:
Number of Defendants Who Plead Guilty: 7
Number of Defendants Who Were Tried and Found Guilty: 0
Number of Defendants Against Whom Charges Were Dismissed: 3
Number of Defendants Acquitted: 0
Other Terminated Defendants: 1
Prison Sentencing for Convicted Defendants (# represents defendants):
No Imprisonment: 3
1 to 12 Months Imprisonment: 3
13 to 24 Months: 0
25 to 36 Months: 1
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)
Title 18, United States Code, Section 2319 (18 U.S.C. §2319) - Criminal Infringement of a Copyright.
Offense: willful infringement of a copyright for purposes 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.
FY1999 - TOTALS (All Districts)*
Referrals and Cases:
Number of Investigative Matters Received by U.S. Attorneys: 60
Number of Defendants: 96
Number of Cases Filed: 23
Number of Defendants: 28
Number of Cases Resolved/Terminated: 22
Number of Defendants: 31
Disposition of Defendants in Concluded Cases:
Number of Defendants Who Plead Guilty: 26
Number of Defendants Who Were Tried and Found Guilty: 0
Number of Defendants Against Whom Charges Were Dismissed: 3
Number of Defendants Acquitted: 0
Other Terminated Defendants: 2
Prison Sentencing for Convicted Defendants (# represents defendants):
No Imprisonment: 16
1 to 12 Months Imprisonment: 4
13 to 24 Months: 6
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)
Title 18, United States Code, Section 2319A (18 U.S.C. §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 unauthorized 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.
FY1999 - TOTALS (All Districts)*
Referrals and Cases:
Number of Investigative Matters Received by U.S. Attorneys: 5
Number of Defendants: 6
Number of Cases Filed: 2
Number of Defendants: 2
Number of Cases Resolved/Terminated: 0
Number of Defendants: 0
Disposition of Defendants in Concluded Cases:
Number of Defendants Who Plead Guilty: 0
Number of Defendants Who Were Tried and Found Guilty: 0
Number of Defendants Against Whom Charges Were Dismissed: 0
Number of Defendants Acquitted: 0
Other Terminated Defendants: 0
Prison Sentencing for Convicted Defendants (# represents defendants):
No Imprisonment: 0
1 to 12 Months Imprisonment: 0
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)
Title 18, United States Code, Section 2320 (18 U.S.C. §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.
FY1999 - TOTALS (All Districts)*
Referrals and Cases:
Number of Investigative Matters Received by U.S. Attorneys: 125
Number of Defendants: 194
Number of Cases Filed: 72
Number of Defendants: 106
Number of Cases Resolved/Terminated: 60
Number of Defendants: 99
Disposition of Defendants in Concluded Cases:
Number of Defendants Who Plead Guilty: 72
Number of Defendants Who Were Tried and Found Guilty: 2
Number of Defendants Against Whom Charges Were Dismissed: 20
Number of Defendants Acquitted: 3
Other Terminated Defendants: 2
Prison Sentencing for Convicted Defendants (# represents defendants):
No Imprisonment: 54
1 to 12 Months Imprisonment: 14
13 to 24 Months: 4
25 to 36 Months: 1
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)
Fiscal Year 1999 - TOTALS
All Districts - All Statutes
18 U.S.C. 2318, 2319, 2319A, 2320
Referrals and Cases:
Number of Investigative Matters Received by U.S. Attorneys: 204
Number of Defendants: 333
Number of Cases Filed: 108
Number of Defendants: 161
Number of Cases Resolved/Terminated: 92
Number of Defendants: 141
Disposition of Defendants in Concluded Cases:
Number of Defendants Who Plead Guilty: 105
Number of Defendants Who Were Tried and Found Guilty: 2
Number of Defendants Against Whom Charges Were Dismissed: 26
Number of Defendants Acquitted: 3
Other Terminated Defendants: 5
Prison Sentencing for Convicted Defendants (# represents defendants):
No Imprisonment: 73
1 to 12 Months Imprisonment: 21
13 to 24 Months: 10
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)
Statistics on Matters/Cases Originating with the United States Customs Service - Fiscal Year 1999
The results summarized on the preceding pages reflect the totals, including
U.S. Customs matters, for each of the criminal intellectual property statutory
provisions. The following reflect the total of all matters and cases
referred by Customs to U.S. Attorneys under all four statutory provisions
- 18 U.S.C. 2318, 2319, 2319A, 2320.
Number of Investigative Matters Referred by U.S. Customs Service: 71
Number of Defendants: 121
Number of Customs Matters Pending Resolution: 71
Number of Defendants: 113
Number of Customs Matters Terminated: 36
Number of Defendants: 57
Number of Cases Originating with U.S. Customs Service: 39
Number of Defendants: 64
Number of Customs Cases Pending Resolution: 60
Number of Defendants: 86
Number of Customs Cases Resolved/Terminated: 35
Number of Defendants: 66
Fiscal Years 1998 & 1999 - Comparison
All Districts - All Statutes
18 U.S.C. 2318, 2319, 2319A, 2320
Referrals and Cases
FY98 FY99
Number of Investigative Matters Received by U.S. Attorneys:
192 204
Number of Defendants:
298 333
Number of Cases Filed:
97 108
Number of Defendants:
132 161
Number of Cases Resolved/Terminated:
84 92
Number of Defendants:
128 141
Disposition of Defendants in Concluded Cases
Number of Defendants Who Pled Guilty:
104 105
Number of Defendants Who Were Tried and Found Guilty:
8 2
Number of Defendants Against Whom Charges Were Dismissed:
28 26
Number of Defendants Acquitted:
0 3
Other Disposition:
6 5
Prison Sentencing for Convicted Defendants (# represents defendants)
No Imprisonment:
74 73
1 to 12 Months:
27 21
13 to 24 Months:
6 10
25 to 36 Months:
3 2
37 to 60 Months:
1 1
61+ Months:
0 0
Statistics on Matters/Cases Originating with the United States Customs Service
Note: All figures represent the status of matters and cases as
of September 30, 1999. Discrepancies may result from the carry-over
of matters and cases initiated during the previous fiscal year(s) or reporting
oversight.
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