Trafficking of false Hermès bags: up to six years in prison and a fine of 1.5 million euros fine
Twenty-three people including nine former Hermès employees were sentenced on Wednesday February 24 in Paris for their participation in a “Birkin” bag counterfeit, seeing themselves inflicted sentences from up to six years in prison and 1,5 million euros fine.The court sentenced various defendants, depending on the case, to pay a total of 10.4 million euros in damages to the Hermès Sellier and Hermès International companies, under material and moral damage.
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After a trial of one month at the end of 2020, 23 of the 24 defendants and three companies were found guilty of having participated, between 2008 and 2012, in the manufacture or marketing of counterfeit bags, or evenTaking advantage of the money from this illegal trade, within a "structured organization".
The court estimated at 400 the number of bags made in "clandestine workshops" in Hong Kong or in France and 800 the number of bags drawn from the so-called "staff" system, which authorizes an employee of Hermès toMake a bag for your account.Some 340 "Birkin" - the brand's flagship model - were also sold via a "national" network, which had joint suppliers with the main "international" network, according to the court.
The principal condemned appeals
The court sentenced most defendants for "counterfeiting of copyright and brand", as well as "smuggling in an organized gang".
He went beyond the requisitions of the prosecution in several cases, in particular for the "true designer and leader of traffic", 41, sentenced in his absence to 6 years in prison and 1.5 million euros fine- Against 4 years, one of which was suspended and 300.000 euros of fine required.An arrest warrant was pronounced against him. «Le tribunal a décidé d'épouser la cause complète de la maison Hermès», a réagi son avocat Me Alexandre Lazarègue, estimant que «la lutte contre la contrefaçon» ne «doit pas se faire au détriment des droits des justiciables».He indicated his intention to appeal.
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For the "essential supplier" of the network, 66, the court pronounced a 4 -year sentence including 2 probationary suspended and 400.000 euros fine, including 200.000 suspended.For having participated in logistics, the manufacture, played a role of "rebate" within the Hermès workshops or even provided counterfeit jewelry, 15 men and women were sentenced to sentences ranging from a fine of 7,200 euros, with the possibility of'imprisonment in the event of non-payment, at three years of which 18 months are firm, as well as 300.000 euros fine, including 150.000 suspended.
Three defendants considered to be resellers were inflicted between 6 months suspended and two years firm, with fines, when two other men were sentenced to suspended sentences and fines for having participated in the "local" network.Finally, the companion of one of the two main defendants was sentenced for money laundering, but his stepfather was released.
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