Description: Charleston, South Carolina criminal defense lawyer represented the Defendant charged with selling of counterfeit goods.

Evidence presented to the Court showed that Raynard Smith, 42, and Lanard Smith, 42, of Summerville, operated store fronts and sold merchandise, to include sports jerseys, that had been imported from countries such as China, Hong Kong, Malaysia, Germany, Italy, and Taiwan. Both men knew that the goods they were purchasing and importing from these countries were counterfeit. Both men each had a prior felony conviction from 2008, which also stemmed from the trafficking of counterfeit goods.

“I commend the hard work of the special agents and officers in pursuing this case and bringing these fraudsters to justice,” said Ronnie Martinez, Special Agent in Charge for HSI Charlotte, which covers North and South Carolina. “HSI Charlotte is committed to working with our law enforcement and private industry partners to aggressively investigate trademark counterfeiting to protect consumers and ensure a level playing field for legitimate businesses.”

“Counterfeit goods pose a serious threat not only to businesses but also to consumer safety,” said U.S. Attorney for the District of South Carolina Adair F. Boroughs. “Our office along with our federal partners take these crimes seriously and will go after those who commit illicit activities that impact our marketplace. “

United States District Judge David C. Norton sentenced both Raynard Smith and Lanard Smith to one year and one day imprisonment, to be followed by a three-year term of court-ordered supervision. There is no parole in the federal system. Lanard Smith was ordered to pay $130,341.99 in restitution and Raynard Smith was ordered to pay $14,992.17 in restitution.

This case was investigated by the Homeland Security Investigations. Assistant U.S. Attorney Amy Bower is prosecuting the case.

Outcome: The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of TWELVE MONTHS AND ONE DAY. The defendant shall pay a $100.00 special assessment fee and restitution in the amount of$14,992.17, both due beginning immediately. The court makes the following recommendations to the Bureau of Prisons: You must satisfactorily participate in and successfully complete a cognitive-behavioral treatment program and follow the rules and regulations of that program. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years. While on supervised release, the defendant shall comply with the mandatory and standard conditions of supervision as well as the following special conditions. 1. The defendant must pay any remaining unpaid restitution balance imposed by the Court in minimum monthly installments of $300 to commence 60 days after release from custody ( or following the imposition of sentence if a time served or probation case). The payments shall be made payable to "Clerk, U.S. District Court" and mailed to P.O. Box 835, Charleston, SC 29402. Interest on any restitution ordered is waived. Payments shall be adjusted accordingly, based upon the defendant's ability to pay as determined by the Court. 2. The defendant must provide the probation officer with access to any requested financial information and authorize the release of any financial information. The probation office may share financial information with the U.S. Attorney's Office. 3. The defendant must not incur new credit charges, or open additional lines of credit without the approval of the probation officer. 4. The defendant shall be subject to placement in the Financial Litigation Unit Wage Garnishment program for the purpose of collecting restitution, if deemed necessary by the U.S. Probation Officer. 5. You must satisfactorily participate in and successfully complete a cognitive-behavioral treatment program and follow the rules and regulations of that program. The probation officer will supervise your participation in the program (provider, location, modality, duration, intensity). Such programs may include group sessions led by a counselor or participation in a program administered by the probation office. You must contribute to the cost of such program not to exceed the amount determined reasonable by the Court approved U.S. Probation Office's "Sliding Scale for Services," and you will cooperate in securing any applicable third-party payment, such as insurance or Medicaid.

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