Federal Judiciary

United States v. Wang, No. 09-CR-184 (JBW), 2010 WL 1221768 (E.D.N.Y. March 29, 2010)

United States v. Xu, No. 09-CR-184 (JBW), 2010 WL 1221772 (E.D.N.Y. March 29, 2010)

Wang and Xu were convicted of fraudulently importing and trafficking in knowingly counterfeit goods.  For their offenses, they faced advisory Guidelines ranges of imprisonment of 41 to 51 months and 57 to 71 months, respectively.  Both were sentenced to a year-and-a-day.

With regard to Wang, the sentencing court found that: "This was a serious commercial crime, involving the importation of vast quantities of counterfeit goods.  While defendant's role was relatively minor, it was essential to the success of the scheme.  Defendant is a hard-working person.  His wife has also worked hard to support them and their teenage son.  The have a good family life.  Defendant faces likely deportation upon his release from prison, which will force the family to return to China or be broken apart."

With regard to Xu, the sentencing court similarly found that: ""This was a serious commercial crime, involving the importation of vast quantities of counterfeit goods.  While defendant's role was relatively minor, it was essential to the success of the scheme.  Defendant is a good family man who has worked hard to keep his family together.  His son is recovering from illness and surgery and will suffer in his absence.  Because his wife is a Chinese Asylee in this country, his wife and children will not be able to accompany him when, as is likely, he is deported to China upon his release from prison."