Counterfeiting doesn't pay!
In the first case brought by Warwickshire County Council Trading Standards under the Proceeds of Crime Act, a Bedworth man who was caught copying DVDs and CDs for sale has been ordered to pay £64,000 or serve a 15-month prison sentence.
The Trading Standards Service had already successfully prosecuted Nathan Mark Clayton, of St. Giles Road, Ash Green, Bedworth and have now taken action to recover money he made from his sale of counterfeit DVDs and CD’s.
Mark Ryder, Head of Warwickshire County Council Trading Standards Service said:
"We want to send out a strong message to the manufacturers and sellers of counterfeit goods, that we will no longer stop at prosecuting you. We will seek to confiscate any money you have made from your crimes.
"Warwickshire Trading Standards is committed to taking action to prevent intellectual property crime and protect consumers and legitimate businesses.”
In 2009 Nathan Mark Clayton, of Giles Road, Ash Green, Bedworth pleaded guilty to 9 offences under the Trade Marks Act and was handed a nine-month suspended prison sentence, ordered to do 150 hours of unpaid work and given a twelve month supervision order.
At Warwick Crown Court on 15 April 2010 Mr Clayton was ordered to pay a confiscation order for £55,991 under the Proceeds of Crime Act, the amount the judge decided he had benefited from his criminal activities. Costs totalling £8,089 were awarded to Warwickshire Trading Standards Service, bringing a total of £64,000.
Warwickshire Trading Standards Officers were alerted to the activities of Mr Clayton by Warwickshire Police who s found over 2000 copied DVDs, over 1000 blank DVDs and some copied and blank CDs during a search of Clayton’s home. They also discovered five printers, two multi disc copiers and a computer, equipment typically used to produce copies of DVDs and CDs in large quantities.
With the assistance of experts, Trading Standards Officers were able to confirm that the DVDs were counterfeit and launched an investigation.
If Mr Clayton fails to pay the £64,000 owed, he will receive a 15 month prison sentence. On release however, he will still be required to pay the £64,000.
In mitigation Raj Punia, representing Mr Clayton when he was sentenced at Warwick Crown Court in October 2009 argued that her client was not running a small business, but “a hobby,” and that he copied DVDs and CDs and sold them to friends or gave them away.