Counterfeiting Attorney in Phoenix

How Arizona Classifies Counterfeit-Mark Offenses

The classification depends on factors including prior convictions, quantity, retail value, and whether the accused allegedly manufactured or produced counterfeit goods.

Under § 44-1453:

• Conduct covered by the basic offense is generally a Class 1 misdemeanor.
• The offense can become a Class 6 felony when the person has one prior conviction under the statute or when the violation involves more than 100 but fewer than 1,000 items, or aggregate retail value of more than $1,000 but less than $10,000.
• Knowingly manufacturing or producing counterfeit-marked goods or services with intent to sell or distribute is a Class 5 felony.
• Certain conduct is also a Class 5 felony when there are two or more prior convictions, at least 1,000 items, or aggregate retail value of at least $10,000.

The statute also provides that knowingly possessing, controlling, or having custody of at least 26 items bearing a counterfeit mark creates a presumption that the items were possessed with intent to sell or distribute.

A conviction may also result in court-ordered restitution to the intellectual-property owner.

Forged Instruments Are Addressed Separately Under Arizona Law

Not every allegation commonly described as counterfeiting falls under the counterfeit-mark statute.

Arizona Revised Statutes § 13-2002 separately addresses forgery. With intent to defraud, the statute prohibits falsely making, completing, or altering a written instrument, knowingly possessing a forged instrument, or offering or presenting a forged instrument or one containing false information.

Forgery under § 13-2002 is generally a Class 4 felony.

This distinction can matter in cases involving checks, financial documents, identification-related documents, or other written instruments rather than counterfeit trademarks or merchandise.

Federal Counterfeit Goods & Trademark Charges

Counterfeit merchandise can also lead to federal charges.

Under 18 U.S.C. § 2320, federal law prohibits certain intentional trafficking in goods or services involving counterfeit marks. The statute also covers specified counterfeit labels, packaging, and related materials.

For an individual, an ordinary first offense under § 2320 can carry up to 10 years in federal prison and substantial fines. The statute provides higher penalties for subsequent offenses and certain cases involving counterfeit military goods, counterfeit drugs, serious bodily injury, or death.

A federal trademark-counterfeiting case therefore involves different elements and penalties from an Arizona prosecution under § 44-1453.

Our federal criminal defense practice includes investigations and prosecutions brought under federal law.

Federal Counterfeit Currency & United States Obligations

Federal law separately addresses counterfeit United States currency, obligations, and securities.

Under 18 U.S.C. § 471, falsely making, forging, counterfeiting, or altering an obligation or security of the United States with intent to defraud can result in a fine, imprisonment for up to 20 years, or both.

Related provisions address different conduct:

• 18 U.S.C. § 472: Passing, selling, possessing, concealing, or attempting to pass counterfeit United States obligations with intent to defraud.
• 18 U.S.C. § 473: Buying, selling, exchanging, transferring, receiving, or delivering counterfeit United States obligations with intent that they be used as genuine.
• 18 U.S.C. § 474: Certain plates, devices, analog images, digital images, and electronic images used in connection with counterfeiting United States obligations.
• 18 U.S.C. § 514: Certain false or fictitious financial instruments purporting to be issued under governmental or organizational authority.

The applicable federal charge depends on the item and conduct alleged.

Federal law also separately addresses counterfeit or forged securities of states, political subdivisions, and certain organizations under 18 U.S.C. § 513.

Seizure, Forfeiture & Restitution

A.R.S. § 44-1453 allows law enforcement to seize items bearing counterfeit marks as well as certain personal property allegedly used in connection with a violation, including tools, equipment, instrumentalities, and vehicles.

Seizure and final forfeiture are not the same event.

Property may be seized before the criminal case has been resolved. Under current Arizona forfeiture law, final forfeiture generally requires a conviction for an offense to which forfeiture applies and proof that the property is subject to forfeiture, although statutory exceptions exist.

When property has been seized, our attorneys can examine the asserted connection between the property and the alleged offense as well as the procedures used by the government. Our firm also handles forfeiture matters arising from criminal investigations.

Where Counterfeiting Cases May Proceed in Phoenix

The statute and charging authority determine where a counterfeiting case proceeds.

Arizona felony cases arising in Maricopa County may proceed through the Criminal Department of Maricopa County Superior Court.

Federal counterfeiting charges may proceed in the United States District Court for the District of Arizona. The District has a Phoenix Division that includes Maricopa County.

The investigating agency may also vary with the type of allegation. Counterfeit United States currency investigations may involve the U.S. Secret Service, while federal trademark-counterfeiting investigations may involve the FBI or other federal authorities.

Agency involvement alone does not determine the eventual charge. Prosecutors must still determine what statutes apply to the alleged conduct and available evidence.

Protect Your Position During a Counterfeiting Investigation

If investigators contact you about counterfeit merchandise, forged documents, currency, or related property, consider obtaining legal advice before answering questions about the allegations.

Preserve potentially relevant purchase records, sales records, messages, emails, shipping documents, account information, receipts, marketplace notices, and other records. Do not alter, conceal, or destroy potential evidence.

We can evaluate the alleged conduct, identify the state or federal statutes that may apply, review how evidence was obtained, and assess the issues requiring further investigation.

Discuss a Phoenix Counterfeiting Case with Our Attorneys

Counterfeiting allegations can range from Arizona misdemeanor counterfeit-mark charges to felony forgery allegations and serious federal prosecutions involving branded goods or United States currency.

The first step is identifying exactly what investigators claim happened and which statute they are relying on.