Jury Convicts Two New York Importers in One of the Largest Counterfeit Goods Prosecutions in U.S. History

Chong Lam, 52, and Siu Yung Chan, aka Joyce Chan, 42, both of New York, have been convicted for their participation in a counterfeit luxury goods operations  involving goods valued at more than $ 100 million. 

After a week-long trial and seven hours of deliberation, a federal jury in Richmond, Va., found Lam and Chan each guilty on one count of conspiracy to traffic in counterfeit goods imported from the People’s Republic of China (PRC); two counts of trafficking in counterfeit handbags, wallets, purses and carry-on bags; and two counts of illegally smuggling counterfeit goods into the United States.

According to evidence presented at trial, Lam and Chan and their co-conspirators operated a massive international manufacturing, import and wholesale counterfeit goods business. Evidence introduced at trial proved that Lam and Chan were controlling officers of at least 13 different companies in the United States and overseas, and operated at least eight separate factories dedicated to producing handbags, including enormous quantities of counterfeit bags. According to evidence presented at trial, from 2002 until Oct. 31, 2005, U.S. Customs and Border Protection (CBP) seized numerous containers of counterfeit luxury handbags and wallets imported from China. A subsequent ICE investigation, including a review of documents filed with CBP, disclosed that Lam and Chan imported over 300,000 counterfeit luxury handbags and wallets into the United States from the PRC in the names of different companies, all under their control.

In January 2008, investigators with ICE executed search warrants on the defendants’ business address, Coco USA, located in Manhattan. According to evidence presented at trial, during the execution of the search warrant, investigators seized approximately 1,500 cartons of alleged infringing items. The total value of the corresponding authentic luxury goods manufactured by Burberry, Louis Vuitton, Gucci, Coach, Fendi, Chanel and others is estimated to be over $100 million.

"The defendants convicted yesterday led a massive counterfeit goods operation that stretched from China to New York," said Assistant Attorney General Breuer. "The Department of Justice will continue aggressively to prosecute intellectual property crimes and to protect business and consumers alike from those looking to cheat their way to a quick profit."

The government is seeking forfeiture of the illicit proceeds of the enterprise, including funds that the defendants had transferred to bank accounts in the United States and overseas in the names of companies under their control, as well as three properties in New York. All of these assets had previously been frozen by court order.

At sentencing, scheduled for Sept. 15, 2010, Lam and Chan each face a maximum of five years in prison and a $250,000 fine for the conspiracy count, 10 years in prison and a $2 million fine for each trafficking count, and 5 years in prison and a $250,000 fine for each smuggling count.

A third defendant, Eric Yuen, 41, who was originally charged with Lam and Chan in January 2008, was found not guilty on all counts yesterday.
 

Longest Prison Sentence Ever Imposed Related to Foreign Corrupt Practices Act Violations

On Monday, April 19, Charles Paul Edward Jumet of Fluvanna County, Va., was sentenced  to 87 months in prison for paying bribes to former Panamanian government officials to secure maritime contracts, in violation of the Foreign Corrupt Practices Act (FCPA), and for making a false statement to federal agents. In addition to the prison term, U.S. District Court Judge Henry E. Hudson for the Eastern District of Virginia ordered Jumet to pay a $15,000 fine and to serve three years of supervised release following the prison term. The 87-month sentence is the longest prison term imposed against an individual for violating the FCPA.

Jumet, 53, pleaded guilty on Nov. 13, 2009, to conspiring to violate the FCPA and making a false statement to federal agents. The FCPA makes it a crime to pay or offer to pay anything of value to a foreign government official in order to obtain or retain business.

"Today’s sentence – the longest ever imposed for violating the FCPA – is an important milestone in our effort to deter foreign bribery," said Assistant Attorney General Breuer. "As this case confirms, foreign corruption carries with it very serious penalties, which can include substantial prison time for individuals who violate the law."

"Today’s sentencing is an example of how those who intentionally bribe and mislead the government for their personal gain will be prosecuted to the maximum extent," said Assistant Director Henry. "The FBI is committed to pursuing those who disrupt the level playing field to which companies in the U.S. and around the world are entitled."

"This sentence serves as a warning to those who engage in corrupt business dealings ," said ICE Special Agent in Charge Torres. "ICE will continue to work with our law enforcement partners both here and abroad to investigate and prosecute those involved in such illicit activities ."

According to court documents, from approximately 1997 through July 2003, Jumet and others conspired to pay money secretly to Panamanian government officials in exchange for awarding contracts to Ports Engineering Consultants Corporation (PECC) to maintain lighthouses and buoys along Panama’s waterway. In December 1997, the Panamanian government awarded PECC a no-bid 20-year concession. Upon receipt of the concession, Jumet admitted that he and others authorized corrupt payments to be made to the Panamanian government officials. In total, Jumet and others caused corrupt payments of more than $200,000 to be paid to the former administrator and the former deputy administrator of the Panama Maritime Authority and to a former high-ranking elected executive official of the Republic of Panama.

Jumet also made a false statement to federal agents about a "dividend" check payable to the bearer in the amount of $18,000 that was endorsed and deposited into an account belonging to the high-ranking elected Panamanian government official. Jumet falsely claimed that this "dividend" check was a donation for the high-ranking elected official’s re-election campaign, when, in fact, Jumet admitted it was given to the elected Panamanian government official as a corrupt payment for allowing PECC to receive the contract.

In a related case, John Warwick pleaded guilty on Feb. 13, 2010, for his role in the same conspiracy to violate the FCPA. He is scheduled to be sentenced by Judge Hudson on May 14, 2010.

The case was prosecuted by Trial Attorney Rina Tucker Harris of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Michael S. Dry of the U.S. Attorney’s Office for the Eastern District of Virginia. The case was investigated by the FBI’s Washington Field Office, the FBI’s Richmond Field Office and ICE’s Richmond Field Office.