APPENDIX G

INTELLECTUAL PROPERTY CASES - UNITED STATES ATTORNEYS OFFICE - FISCAL YEAR 2001

Title 18, United States Code, Section 2318 - Trafficking in Counterfeit Labels for Phono Records and Copies of Motion Pictures or Other Audiovisual Works.

Offense: knowingly trafficking in a counterfeit label affixed or designated to be affixed to a phono record or a copy of a motion picture or other audiovisual work.

FY 2001 - TOTALS (All Districts)*

Referrals and Cases:
  Number of Investigative Matters Received by U.S. Attorneys:

18

    Number of Defendants: 26
  Number of Cases Filed: 12
    Number of Defendants: 15
  Number of Cases Resolved/Terminated: 10
    Number of Defendants: 13
       
Disposition of Defendants in Concluded Cases:
  Number of Defendants Who Plead Guilty: 12
  Number of Defendants Who Were Tried and Found Guilty: 0
  Number of Defendants Against Whom Charges Were Dismissed: 1
  Number of Defendants Acquitted: 0
  Other Terminated Defendants: 0
       
Prison Sentencing for Convicted Defendants (# represents defendants):
  No Imprisonment: 4
  1 to 12 Months Imprisonment: 6
  13 to 24 Months: 0
  25 to 36 Months: 1
  37 to 60 Months: 0
  61 + Months: 1
       
Total Dollar value of All Criminal Fines Imposed: Not Available
(fines can be assessed in lieu of or in addition to prison sentences)

Title 18, United States Code, Section 2319 - Criminal Infringement of a Copyright.

Offense: willful infringement of a copyright for purposes commercial advantage or private financial gain, or through large-scale, unlawful reproduction or distribution of a protected, regardless of whether there was a profit motive.

FY 2001 - TOTALS (All Districts)*

Referrals and Cases:
  Number of Investigative Matters Received by U.S. Attorneys:

77

    Number of Defendants: 112
  Number of Cases Filed: 22
    Number of Defendants: 36
  Number of Cases Resolved/Terminated: 22
    Number of Defendants: 27
       
Disposition of Defendants in Concluded Cases:
  Number of Defendants Who Plead Guilty: 24
  Number of Defendants Who Were Tried and Found Guilty: 0
  Number of Defendants Against Whom Charges Were Dismissed: 3
  Number of Defendants Acquitted: 0
  Other Terminated Defendants: 0
       
Prison Sentencing for Convicted Defendants (# represents defendants):
  No Imprisonment: 11
  1 to 12 Months Imprisonment: 8
  13 to 24 Months: 4
  25 to 36 Months: 1
  37 to 60 Months: 0
  61 + Months: 0
       
Total Dollar value of All Criminal Fines Imposed: Not Available
(fines can be assessed in lieu of or in addition to prison sentences)

Title 18, United States Code, Section 2319A - Unauthorized Fixation of and Trafficking in Sound Recordings and Music Videos of Live Musical Performances.

Offense: without the consent of the performer, knowingly and for purposes of commercial advantage or private financial gain, fixing the sounds or sound and images of a live musical performance, reproducing copies of such a performance from an authorized fixation; transmitting the sounds or sounds and images to the public, or distributing, renting, selling, or trafficking (or attempting the preceding) in any copy of an unauthorized fixation.

FY 2001 - TOTALS (All District)*

Referrals and Cases:
  Number of Investigative Matters Received by U.S. Attorneys:

12

    Number of Defendants: 17
  Number of Cases Filed: 12
    Number of Defendants: 15
  Number of Cases Resolved/Terminated: 7
    Number of Defendants: 7
       
Disposition of Defendants in Concluded Cases:
  Number of Defendants Who Plead Guilty: 5
  Number of Defendants Who Were Tried and Found Guilty: 0
  Number of Defendants Against Whom Charges Were Dismissed: 1
  Number of Defendants Acquitted: 0
  Other Terminated Defendants: 1
       
Prison Sentencing for Convicted Defendants (# represents defendants):
  No Imprisonment: 4
  1 to 12 Months Imprisonment: 1
  13 to 24 Months: 0
  25 to 36 Months: 0
  37 to 60 Months: 0
  61 + Months: 0
       
Total Dollar value of All Criminal Fines Imposed: Not Available
(fines can be assessed in lieu of or in addition to prison sentences)

TITLE 18 UNITED STATES CODE, SECTIONS 2320 - Trafficking in Counterfeit Goods or Services.

Offense: intentionally trafficking or attempting to traffic in goods or services and knowingly using a counterfeit mark on or in connection with such goods or services.

FY 2001 - TOTALS (All Districts)*

Referrals and Cases:
  Number of Investigative Matters Received by U.S. Attorneys:

94

    Number of Defendants: 142
  Number of Cases Filed: 52
    Number of Defendants: 76
  Number of Cases Resolved/Terminated: 52
    Number of Defendants: 71
       
Disposition of Defendants in Concluded Cases:
  Number of Defendants Who Plead Guilty: 48
  Number of Defendants Who Were Tried and Found Guilty: 3
  Number of Defendants Against Whom Charges Were Dismissed: 18
  Number of Defendants Acquitted: 0
  Other Terminated Defendants: 2
       
Prison Sentencing for Convicted Defendants (# represents defendants):
  No Imprisonment: 31
  1 to 12 Months Imprisonment: 9
  13 to 24 Months: 4
  25 to 36 Months: 2
  37 to 60 Months: 2
  61 + Months: 3
       
Total Dollar value of All Criminal Fines Imposed: Not Available
(fines can be assessed in lieu of or in addition to prison sentences)

TITLE 18 UNITED STATES CODE, SECTIONS 2318, 2319, 219A, AND 2320
Comparison All Districts - All Statutes

Referrals and Cases
      FY 99 FY 00 FY 01
  Number of Investigative Matters Received by U.S. Attorneys: 204 197 191
    Number of Defendants: 333 314 283
    Number of Cases Filed: 108 106 84
    Number of Defendants: 161 162 121
    Number of Cases Resolved/Terminated: 92 79 81
    Number of Defendants: 141 99 106
           
  Disposition of Defendants in Concluded Cases      
    Number of Defendants Who Pled Guilty: 105 71 83
    Number of Defendants Who Were Tried and Found Guilty: 2 5 3
    Number of Defendants Against Whom Charges Were Dismissed: 26 19 17
    Number of Defendants Acquitted: 3 1 0
    Other Disposition: 5 3 3

Prison Sentencing for Convicted Defendants (# represents defendants)
    FY 99 FY 00 FY 01
  No Imprisonment: 73 51 46
  1 to 12 Month: 21 10 23
  13 to 24 Months: 10 9 8
  25 to 36 Months: 2 6 3
  37 to 60 Months: 1 0 2
  61 + Months: 0 0 4

Statistics on Matters/Cases Originating with the United States Customs Service
    FY 99 FY 00 FY 01
  Number of Investigative Matters Referred by U.S. Customs Service: 71 64 60
  Number of Defendants: 121 101 91
  Number of Customs Matters Pending Resolution: 71 77 74
  Number of Defendants: 113 120 111
  Number of Customs Matters Terminated: 36 23 26
  Number of Defendants: 57 40 46
  Number of Cases Originating with U.S. Customs Service: 39 31 35
  Number of Defendants 64 49 49
  Number of Customs Cases Pending Resolution: 60 70 72
  Number of Defendants: 86 113 109
  Number of Customs Cases Resolved/Terminated: 35 29 21
  Number of Defendants: 66 3 30