Is it illegal to mail counterfeit items using US postal service?

[Peachy2000]

Wow, this is crazy... payPal re-selling fakes. I wonder where they end up. iOffer??? This is interesting!

[chloebagfreak]

If they said it's ok to write 'Fake" on the inside of the bag, everyone who sends a fake bag to Paypal should do this! Ebay will Keep recycling fake bags and getting their fees!

[Melissa Ann]

USPS policy aside, it is mail fraud to use the USPS to conduct illegal activity, such as selling fakes and shipping them, or writing bad checks and sending them in the mail, etc. It is an "add on" offense that the feds use to prosecute people they pinch doing illegal activites. (Also, the postal inspectors unit is supposed to be excellent in investigating this stuff and are often employed to help get to the criminal. Read this in that book "Deluxe: How luxury lost its luster".)

I do not believe it is against the law to simply mail something counterfeit in and of itself, especially for the reason you are mailing it.

Also...if PP is re-selling them, then ebay should pay up on the LV judgement!

[pradalove]

i am a lawyer and i do agree with her if you are unsur eyou can put ina copy of the letter in which paypal is aksing for the bag

Originally Posted by new.old.bag

It is a myth that it is illegal to mail them. It is illegal to use the US mail to SELL them, it is not illegal to mail them. It is also illegal to sell them if you use UPS or FedEx, there is wording in the law that makes it illegal. Some sellers of counterfeits think they are in the clear if they are mailing via UPS or FedEx but basically using any courier service to transport counterfeit goods for commerce, is ILLEGAL. Mailing it for other purposes is not illegal.

[monstamuffin]

I was just told by Paypal today to mail them back 2 bottles of conterfeit cologne. They stated that they would contact the local authorities if they do infact confirm that it is conterfeit. Have they told anyone else that they contact the police? If so I think that is great. I would love to see the seller that's selling hundreds of bottles of knock off perfume and cologne arrested!

[dressage queen]

Originally Posted by MKWMDA

It not illegal to transport counterfeit goods, regardless of carrier, if you do not have the intent or probable cause for intent to sell or distribute them. It is a federal offense to sell or distribute counterfeit goods, but in good ol USA it is NOT a crime to mail them without having sold them, and it is NOT a crime to be in posession of or use stolen goods, as long as there is no intent to sell/distribute, or probable cause to believe that you were going to sell/distrinbute them.

agreed - BUT be careful if you are mailing out of the country. it IS illegal to mail a counterfeit french product into france, period. which meant i couldn't return a fake hermes kelly to a seller in france who had agreed to refund my money.

[dressage queen]

FYI, here's the statute creating the federal offense of mail fraud: 18 U.S.C. 1341. (my emphases)

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

[Vegas Long Legs]

Call 60 Minutes!!! They Might Be Very Interested In Doing A Story On This.

[momoftwo]

Originally Posted by chloebagfreak

If they said it's ok to write 'Fake" on the inside of the bag, everyone who sends a fake bag to Paypal should do this! Ebay will Keep recycling fake bags and getting their fees!

That was the point. The upper management person from Paypal told me I have to send it back in its original condition and I am not to write anything inside or outside if I want my refund. I wish we could mark it so it would not be recycled for sure. It is fishy.

[momoftwo]

Originally Posted by monstamuffin

I was just told by Paypal today to mail them back 2 bottles of conterfeit cologne. They stated that they would contact the local authorities if they do infact confirm that it is conterfeit. Have they told anyone else that they contact the police? If so I think that is great. I would love to see the seller that's selling hundreds of bottles of knock off perfume and cologne arrested!

No one from PayPal told me to notify the local authorities. I would not even know where to begin since my seller lives in Germany, but drop ships his fake purses from China (listing on ebay they are from Japan).

Fake perfume? Yucks.