SLIDE 18 18 Counterfeit Abatement Considerations
Who will be your counterfeit expert?
Police vs. private investigators – issues include training, storage
To file or not to file (an abatement)
Limited law enforcement and prosecution resources
Would an owner notification letter solve the problem? Would a case conference with owner solve it?
Do you have a counterfeit conviction
Do you have prior cease and desist letters
Did you give owner notice, if needed
What other causes of action, options do you have?
(17200 B&P - UCL) – I.E. Consumer Protection Laws (HS 11570 Narco) – I.E. Narcotic Abatement Laws (3479 CC Nuisance) – I.E. Public Nuisance Statute Grounds for eviction – Statutory or lease based? Code enforcement, tax and labor law enforcement - POWERFUL
Additional Considerations
Put $$ value in arrest report Document gang, OC connections Document investigative cost Consider a 1271.1 bail motion
(proceeds of crimes cannot be used for bail, burden on defendant to prove)
Cite expert reports, RAND, LA Economic
Development Corp report to educate audience (Judge, Jury – if criminal, Defense bar that you are serious).
FUTURE BJA WEBINAR Counterfeit Abatement Advanced Strategies
Working with private investigative agencies
- Evaluating, evidence tracking, reports,
Investigative strategies/collaboration Pretrial motions in counterfeit case Educating the judge with your pleadings Justifying civil penalties Restitution Injunctive relief – remedies to seek, restrictions on
individuals, businesses, employment
Let us know what issues you want to know about
