New York City Federal Counterfeiting and Trademark Fraud Lawyer

Federal counterfeiting and trademark fraud prosecutions move fast, and they carry consequences that extend well beyond fines. When federal agents execute search warrants, seize inventory, freeze accounts, and begin building a case under the Lanham Act or federal criminal counterfeiting statutes, the window for shaping the outcome narrows quickly. A New York City federal counterfeiting and trademark fraud lawyer who understands how these cases are investigated and prosecuted at the federal level, specifically within the Southern and Eastern Districts of New York, can mean the difference between a negotiated resolution and a conviction carrying years in federal prison.

These cases are rarely simple. Federal prosecutors targeting counterfeiting operations in New York routinely work alongside Homeland Security Investigations, Customs and Border Protection, and the FBI. They build sprawling cases involving supply chains, overseas manufacturers, domestic distributors, and retail sellers, and they tend to charge as many participants as the evidence will support. Being swept into a multi-defendant federal investigation does not mean your exposure is identical to everyone else’s, but it does mean that every decision you make from the moment you learn you are under investigation carries real weight.

New York City sits at the center of the global luxury goods trade, the fashion industry, and major port-of-entry commerce. That makes it a priority enforcement jurisdiction for federal trademark fraud and counterfeiting cases. The U.S. Attorney’s offices in Manhattan and Brooklyn prosecute these matters aggressively, and the penalties under federal law are severe. Fines can reach into the millions. Forfeiture of assets tied to the alleged scheme is standard. And for non-citizens, a conviction can trigger deportation proceedings. Getting ahead of the investigation, not reacting to it after indictment, is the smartest move available.

Federal Counterfeiting Charges Commonly Prosecuted in New York

• Trafficking in Counterfeit Goods: Federal law prohibits intentionally trafficking in goods or services using a counterfeit mark registered with the U.S. Patent and Trademark Office. Prosecution often targets wholesalers, distributors, and importers who move large volumes of goods through ports including JFK, Newark, and the Port of New York.
• Counterfeit Labels and Documentation: Separate from the goods themselves, federal statutes criminalize trafficking in counterfeit labels, documentation, or packaging affixed to or intended for use with copyrighted works including software, music, films, and other media.
• Conspiracy to Traffic in Counterfeit Marks: Federal prosecutors regularly add conspiracy charges to reach all participants in a counterfeiting network, including those who played limited or logistical roles. Conspiracy charges can carry penalties equal to the underlying offense.
• Trademark Fraud Before the USPTO: Filing fraudulent declarations or making material misrepresentations to the United States Patent and Trademark Office in connection with trademark registration or maintenance is a federal crime, distinct from product counterfeiting and prosecuted separately.
• Mail Fraud and Wire Fraud: Counterfeiting operations that use postal services, email, or electronic payments to conduct or conceal their activity routinely attract additional charges under federal mail and wire fraud statutes, which significantly increase sentencing exposure.
• Money Laundering: When proceeds from counterfeit goods sales flow through bank accounts, shell companies, or informal value transfer systems, federal prosecutors will often pursue money laundering charges, which carry independent and substantial penalties under federal law.
• Importation of Counterfeit Goods: CBP routinely seizes counterfeit shipments at JFK and Newark Liberty International Airport. When seizure evidence connects to a domestic recipient, the U.S. Attorney’s office can open a criminal investigation targeting the importer or buyer.

Why The Law Offices of Jason Goldman for a Federal Counterfeiting Defense

Jason Goldman began his career as a Brooklyn prosecutor, which means he has sat on the side of the table that builds these federal-adjacent cases from the ground up. That prosecutorial experience is not background color; it is the foundation of how he approaches federal investigations for his clients. He knows how investigators prioritize targets, how charging decisions get made, and where cases develop vulnerabilities before they ever reach indictment.

Mr. Goldman has tried more than 25 cases to verdict and built a practice that covers every phase of criminal litigation, from pre-arrest investigation through trial and appeal. For clients facing federal counterfeiting charges, the pre-arrest and pre-indictment phases are often the most consequential, and his reputation as a lawyer who engages early and aggressively in investigations directly benefits those who retain him before charges are filed. He has represented corporate executives in finance, real estate, and hospitality, as well as individuals across a wide range of industries who face existential legal threats. Federal trademark fraud and counterfeiting cases, which frequently target business owners and importers, fall squarely within the profile of clients he handles at the highest level. He is admitted in both the Southern and Eastern Districts of New York, the two federal districts that handle the overwhelming majority of federal criminal prosecutions arising out of New York City.

Publications including the New York Post, Fox 5, and WABC have taken note of his track record. His approach is methodical and strategic: controlling the narrative, managing procedural posture, and fighting at every stage where there is ground to gain. For high-profile matters, he also draws on a network of public relations professionals and crisis communications specialists when media exposure is part of the equation, which in counterfeiting cases tied to recognizable brands, it frequently is.

What to Do If You Are Under Federal Investigation for Counterfeiting or Trademark Fraud

Federal counterfeiting investigations rarely announce themselves cleanly. They often begin with a search warrant executed at a business location or warehouse, a grand jury subpoena served on a bank or shipping partner, or a notification from a freight broker that federal agents have seized a shipment. In some cases, targets learn they are under investigation only when an associate is arrested and begins cooperating. Whatever the entry point, the response in the first hours and days matters enormously.

Do not speak with federal agents without counsel present. Homeland Security Investigations and FBI agents conducting these investigations are experienced at obtaining statements that damage a target’s eventual defense. Anything said during a voluntary interview, regardless of how innocent it seems in the moment, becomes part of the evidentiary record. The right to remain silent is not a sign of guilt; it is sound judgment.

Preserve all records related to your business, inventory, suppliers, and communications, but do not alter, delete, or destroy anything. Federal obstruction charges are a common add-on in counterfeiting cases precisely because defendants, acting without counsel, attempt to clean up their records after learning of an investigation. Let an attorney guide you through document preservation.

Federal counterfeiting cases in New York are prosecuted in either the U.S. District Court for the Southern District of New York, located at 500 Pearl Street in Manhattan, or the U.S. District Court for the Eastern District of New York in Brooklyn. Grand jury proceedings in these cases are conducted before those courts. If you receive a grand jury subpoena, retain counsel immediately. The subpoena itself can reveal the scope and direction of the investigation, and how you respond to it, including what records you produce and whether you assert any privileges, is a strategic decision, not a clerical one.

Do not assume that because you were a minor participant, a middleman, or someone who did not know the full scope of the operation, that you are not at risk. Federal prosecutors cast wide nets in counterfeiting cases, and conspiracy charges allow them to hold each participant accountable for the reasonably foreseeable acts of the entire operation. Understanding exactly where you stand requires a candid legal assessment of the facts, not assumptions.

How Federal Counterfeiting Cases Get Built and Where They Can Be Challenged

Federal trademark fraud and counterfeiting prosecutions are document-intensive. Investigators pull shipping records, financial account data, email and text communications, and business records through grand jury subpoenas and search warrants. They rely heavily on cooperation from brand holders, whose investigators are often embedded in the process, providing authenticity testing, market comparisons, and documentation of trademark ownership. The government’s case is usually built long before any arrest is made.

That architecture creates points of challenge. Search warrants can be defective if they exceeded their authorized scope or lacked probable cause. Financial records subpoenas must be properly issued and may be subject to challenge. The chain of custody for seized goods affects the reliability of the government’s physical evidence. Expert testimony on authenticity, which is nearly always central to these cases, can be challenged on the qualifications of the expert or the methodology used. And in cases involving overseas manufacturing, the government’s ability to establish the defendant’s knowledge and intent is often its most contested burden.

Intent is the crux of most federal counterfeiting prosecutions. The government must establish that the defendant knew the marks were counterfeit and acted willfully. Cases involving businesses that purchased goods from suppliers while relying on documentation that appeared to establish authenticity present real questions of fact about what the defendant knew and when. These are not theoretical defenses; they reflect genuine factual disputes that skilled litigation can exploit.

Federal sentencing in counterfeiting cases is driven by the U.S. Sentencing Guidelines, with enhancements tied to the number of infringing items, the total retail value of the counterfeited goods, the defendant’s role in the offense, and other factors. Pre-indictment negotiation, when it produces a resolution that limits the scope of charges, can have an enormous impact on where a defendant falls in the guidelines range. That is why having a federal counterfeiting attorney in New York City engaged early, before the government locks in its charging decisions, carries so much practical importance.

Questions Worth Asking Before You Make Any Decisions

What is the difference between civil trademark infringement and federal criminal counterfeiting?

Civil trademark infringement is a dispute between a brand holder and someone who allegedly used a protected mark without authorization. Federal criminal counterfeiting requires the government to prove that the defendant intentionally trafficked in goods using a counterfeit mark, knowing it was counterfeit. The criminal standard is higher and the consequences are categorically different, including potential imprisonment, which civil suits do not carry.

Can federal counterfeiting charges be resolved without going to trial?

Yes, and most federal cases, including counterfeiting prosecutions, resolve through plea negotiations rather than trial. The quality of that negotiated resolution depends almost entirely on how early counsel is engaged, what leverage exists, and how effectively the defense responds to the government’s evidence. Early engagement frequently allows for charge bargaining that limits sentencing exposure in ways that are not available after indictment is filed.

What role does Homeland Security Investigations play in these cases?

HSI is the primary federal agency handling commercial counterfeiting investigations in the United States. They work closely with brand protection teams from luxury goods companies, technology firms, and entertainment companies to identify and build cases against counterfeiting networks. In New York, HSI coordinates with the U.S. Attorney’s offices in the Southern and Eastern Districts on charging decisions.

If my business sold counterfeit goods without my knowledge, can I still be charged?

Federal criminal counterfeiting requires willful conduct, meaning the government must prove you knew the marks were counterfeit. A genuine lack of knowledge can be a complete defense, but establishing that defense requires careful examination of business records, purchasing history, supplier communications, and due diligence practices. The government will argue that red flags existed and that you chose not to look. Your counsel needs to document the affirmative basis for your belief that the goods were authentic.

How does asset forfeiture work in federal counterfeiting cases?

Federal law authorizes forfeiture of proceeds traceable to counterfeiting offenses and property used to facilitate them. This can include business accounts, vehicles, inventory, and real estate if those assets are sufficiently connected to the alleged scheme. Forfeiture proceedings can run parallel to or independently of criminal charges, meaning assets can be seized and contested even if criminal charges are not ultimately filed or result in acquittal.

Does selling counterfeit goods online create greater federal exposure than selling in person?

Online sales add jurisdictional reach and evidentiary volume that often increase exposure. Digital transactions generate persistent records, including IP logs, payment records, and communications, that investigators subpoena early and use to establish intent and scale. Online storefronts operating across state lines frequently trigger mail and wire fraud charges in addition to counterfeiting counts, which compounds sentencing exposure significantly.

What happens if I receive a grand jury subpoena in connection with a counterfeiting investigation?

A grand jury subpoena is not an arrest warrant, but it signals that a federal investigation is active and that you may be a target, a subject, or a witness. How you respond, including what records you produce and whether you assert any applicable privileges, has strategic implications. Do not comply with a grand jury subpoena without first speaking with a federal criminal defense attorney who can assess your status and guide your response appropriately.

Can a federal counterfeiting conviction affect my immigration status?

Yes. A federal felony conviction, including for counterfeiting or trademark fraud, can trigger deportation proceedings for non-citizens and can permanently bar re-entry. For clients with immigration consequences at stake, the choice of charge, the structure of any plea agreement, and the specific offense of conviction require additional scrutiny from the outset of the case.

How long does a federal counterfeiting investigation typically last before charges are filed?

Federal investigations, particularly those targeting multi-defendant networks, can run for one to three years or longer before any arrest is made. By the time search warrants are executed, the government typically has extensive records, cooperating witnesses, and a well-developed evidentiary picture. This is why retaining counsel at the earliest sign of investigation, rather than waiting for an indictment, fundamentally changes what is possible in terms of shaping the outcome.

What is the potential sentencing range for federal trademark counterfeiting in New York?

Federal law provides for substantial penalties for counterfeiting convictions, including imprisonment of up to ten years for a first offense and up to twenty years for repeat offenders or offenses involving certain aggravating circumstances. Actual sentencing in federal court is driven by the U.S. Sentencing Guidelines, which calculate a recommended range based on the scope of the offense, the defendant’s criminal history, and applicable enhancements. Fines, restitution, and forfeiture add further financial consequences.

Federal Counterfeiting Defense Representation Across New York City and the Surrounding Region

The Law Offices of Jason Goldman represents clients facing federal counterfeiting and trademark fraud matters throughout New York City, including clients based in Manhattan neighborhoods from the Garment District and Midtown to Chinatown, SoHo, and the Lower East Side, where retail and wholesale trade in high-volume consumer goods makes federal enforcement a constant presence. The firm also serves clients in the Bronx, Brooklyn, Queens, and Staten Island, including those whose businesses operate in commercial corridors in Flushing, Sunset Park, Jamaica, and Bay Ridge. Beyond the five boroughs, the firm handles federal criminal matters for clients in Westchester County, Long Island including Nassau and Suffolk Counties, and throughout the broader metropolitan area including clients based in New Jersey and Connecticut who face prosecution in the Southern or Eastern Districts of New York. For cases requiring pro hac vice admission, Mr. Goldman is able to appear on behalf of clients in federal courts throughout the country.

New York City Federal Counterfeiting and Trademark Fraud Attorney

Federal counterfeiting prosecutions in New York are serious, resource-intensive matters. The government does not open these cases casually, and the agencies and prosecutors handling them are well-funded and experienced. If you are under investigation, have been contacted by federal agents, received a grand jury subpoena, had inventory seized, or have been charged, retaining a New York City federal counterfeiting and trademark fraud attorney who understands federal practice in this jurisdiction is the most consequential decision you can make right now. The Law Offices of Jason Goldman handles exactly these kinds of high-stakes federal matters, from the investigation phase through trial and appeal. Contact the firm today to discuss your situation in confidence.