Our client faced prosecution for selling counterfeit stamps on eBay. The case originated from an investigation by TM Eye Limited, a private investigation firm that monitors and takes legal action against intellectual property crimes. TM Eye carried out test purchases, gathering evidence that our client was selling fraudulent stamps. This led to criminal charges under the Forgery and Counterfeiting Act 1981 commended by way of a Postal Requisition.
Despite the serious nature of the allegations, our experienced legal team at Sahota & Sahota Solicitors successfully secured a Community Order with unpaid work, avoiding a more severe penalty such as imprisonment or a substantial fine.
Understanding the Law: The Forgery and Counterfeiting Act 1981
The Forgery and Counterfeiting Act 1981 is a key piece of legislation in the UK that criminalises the making, possessing, or using of false instruments or counterfeit goods with the intention to deceive. The Act covers offences such as:
- Forgery – Making or altering a document with the intent to deceive.
- Counterfeiting – Producing or distributing imitation currency, stamps, or other official documents.
- Possession of Counterfeit Goods – Holding fake items with the intent to use, sell, or distribute them.
Punishments for Forgery and Counterfeiting Offences
The penalties for these offences vary based on the seriousness of the case. Under the Forgery and Counterfeiting Act 1981, the potential punishments include:
- Up to 10 years’ imprisonment (for the most serious offences).
- Heavy fines (often in the thousands of pounds).
- Community orders (such as unpaid work and rehabilitation).
- Confiscation of any illegal profits under the Proceeds of Crime Act 2002.
Each case is different, and sentencing depends on factors such as the scale of the offence, financial loss caused, and whether the defendant has prior convictions.
Defences Against Forgery and Counterfeiting Charges
If someone is accused of a counterfeiting offence, several potential defences may apply:
- Lack of Knowledge – If the defendant was unaware that the items were counterfeit, they may have a defence.
- No Intent to Defraud – Simply possessing counterfeit items is not always a crime unless there was an intent to deceive or profit.
- Duress – If the defendant was pressured or threatened into participating in the crime, this could be a legal defence.
- Mistaken Identity – In some cases, authorities mistakenly identify the wrong individual as the seller or distributor of counterfeit goods.
How Sahota & Sahota Solicitors Can Help
At Sahota & Sahota Solicitors, we have extensive experience in defending clients accused of fraud and counterfeiting. Our firm provides specialist legal representation at every stage of the case, including:
- Interviews – We advise clients during interviews under caution, ensuring their rights are protected.
- Court Proceedings – We develop robust defence strategies and work to achieve the best possible outcome.
- Negotiating Sentences – If a guilty plea is necessary, we argue for the most lenient sentence possible, as we did in this case, securing a Community Order rather than imprisonment or a heavy fine.
If you are facing allegations of forgery or counterfeiting, expert legal advice is crucial.
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