USDOJ: FY 2000 Performance Report & FY 2002 Performance Plan: APPENDIX F

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Fiscal Year 2000 Performance Report and
Fiscal Year 2002 Performance Plan

APPENDIX F
INTELLECTUAL PROPERTY CASES - UNITED STATES ATTORNEYS OFFICE – FISCAL YEAR 2000

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 2000 - TOTALS (All Districts)*

Referrals and Cases:

Number of Investigative Matters Received by U.S. Attorneys:
Number of Defendants:
Number of Cases Filed:
Number of Defendants:
Number of Cases Resolved/Terminated:
Number of Defendants:
19
23
7
12
9
12

Disposition of Defendants in Concluded Cases:

Number of Defendants Who Plead Guilty:
Number of Defendants Who Were Tried and Found Guilty:
Number of Defendants Against Whom Charges Were Dismissed:
Number of Defendants Acquitted:
Other Terminated Defendants: 5
1
5
1
0

Prison Sentencing for Convicted Defendants (# represents defendants):

No Imprisonment
1 to 12 Months Imprisonment:
13 to 24 Months:
25 to 36 Months:
37 to 60 Months:
61 + Months: 2
1
1
2
0
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 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 2000 - TOTALS (All Districts)*

Referrals and Cases:

Number of Investigative Matters Received by U.S. Attorneys:
Number of Defendants:
Number of Cases Filed:
Number of Defendants:
Number of Cases Resolved/Terminated:
Number of Defendants:
63
96
32
43
21
26

Disposition of Defendants in Concluded Cases:

Number of Defendants Who Plead Guilty:
Number of Defendants Who Were Tried and Found Guilty:
Number of Defendants Against Whom Charges Were Dismissed:
Number of Defendants Acquitted:
Other Terminated Defendants: 22
1
3
0
0

Prison Sentencing for Convicted Defendants (# represents defendants):

No Imprisonment:
1 to 12 Months Imprisonment:
13 to 24 Months: 25 to 36 Months:
37 to 60 Months:
61 + Months: 20
1
0
2
0
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 2000 - TOTALS (All District)*

Referrals and Cases:

Number of Investigative Matters Received by U.S. Attorneys:
Number of Defendants:
Number of Cases Filed:
Number of Defendants:
Number of Cases Resolved/Terminated:
Number of Defendants:
2
2
3
4
4
5

Disposition of Defendants in Concluded Cases:

Number of Defendants Who Plead Guilty:
Number of Defendants Who Were Tried and Found Guilty:
Number of Defendants Against Whom Charges Were Dismissed:
Number of Defendants Acquitted:
Other Terminated Defendants: 3
0
1
0
1

Prison Sentencing for Convicted Defendants (#represents defendants):

No Imprisonment:
1 to 12 Months Imprisonment:
13 to 24 Months:
25 to 36 Months:
37 to 60 Months:
60 + Months: 2
1
0
0
0
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 2000 - TOTALS (All Districts)*

Referrals and Cases:

Number of Investigative Matters Received by U.S. Attorneys:
Number of Defendants:
Number of Cases Filed:
Number of Defendants:
Number of Cases Resolved/Terminated:
Number of Defendants:
113
193
64
103
45
56

Disposition of Defendants in Concluded Cases:

Number of Defendants Who Plead Guilty:
Number of Defendants Who Were Tried and Found Guilty:
Number of Defendants Against Whom Charges Were Dismissed:
Number of Defendants Acquitted:
Other Terminated Defendants: 41
3
10
0
2

Prison Sentencing for Convicted Defendants (# represents defendants):

No Imprisonment:
1 to 12 Months Imprisonment:
13 to 24 Months:
25 to 36 Months:
37 to 60 Months:
61 + Months: 27
7
8
2
0
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 2318, 2319, 219A, AND 2320
Comparison All Districts - All Statutes

Referrals and Cases

FY 98 FY 99 FY 00

Number of Investigative Matters Received by U.S. Attorneys:
Number of Defendants:
Number of Cases Filed:
Number of Defendants:
Number of Cases Resolved/Terminated:
Number of Defendants:
192
298
97
132
84
128 204
333
108
161
92
141 197
314
106
162
79
99

Disposition of Defendants in Concluded Cases
Number of Defendants Who Pled Guilty
Number of Defendants Who Were Tried and Found Guilty:
Number of Defendants Against Whom Charges Were Dismissed:
Number of Defendants Acquitted:
Other Disposition:
104
8
28
0
6 105
2
26
3
5 71
5
19
1
3

Prison Sentencing for Convicted Defendants (# represents defendants)

No Imprisonment:
1 to 12 Month:
13 to 24 Months:
25 to 36 Months:
37 to 60 Months:
61 + Months:
74
27
6
3
1
0 73
21
10
2
1
0 51
10
9
6
0
0

Statistics on Matters/Cases Originating with the United States Customs Service

FY 98 FY 99 FY 00

Number of Investigative Matters Referred by U.S. Customs Service:
Number of Defendants:
Number of Customs Matters Pending Resolution:
Number of Defendants:
Number of Customs Matters Terminated:
Number of Defendants:
Number of Cases Originating with U.S. Customs Service:
Number of Defendants:
Number of Customs Cases Pending Resolution:
Number of Defendants:
Number of Customs Cases Resolved/Terminated:
Number of Defendants:
64
104
75
114
33
61
42
63
61
98
37
58 71
121
71
113
36
57
39
64
60
86
35
66 64
101
77
120
23
40
31
49
70
113
29
3

Appendix F