California Business and Professions Code Section 21672(a): Manufacturing, Producing, or Distributing Counterfeit Sports Trading Cards is used to prosecute individuals who fraudulently create sports trading cards. Certain sports cards can sell for a lot of money, depending upon their perceived rarity. For this reason, it is important that buyers and sellers deal in legitimate cards.
The Simmrin Law Group can help you focus on the specific definition of a BPC 21672(a) charge right here. You can go over the penalties for a BPC 21672(a) conviction. You can even focus on the legal defenses commonly used to deal with BPC 21672(a) accusations.
Manufacturing, Producing, or Distributing Counterfeit Sports Trading Cards: Definition
Individuals in the state of California can be charged under BPC 21672(a) if they knowingly produce, distribute, or manufacture counterfeit or unlicensed sports trading cards while intending to defraud, injure, or deceive someone.
Note that an individual must intend to deceive, injure, or defraud another person for BPC 21672(a) charges to apply. BPC 21672(a) charges should also not apply in situations where an individual accidentally or unknowingly handles counterfeit sports trading cards.
Manufacturing, Producing, or Distributing Counterfeit Sports Trading Cards: Examples
Man A needs to make some money. He is very good at graphic design, so he creates a fraudulent baseball card that he knows will sell for a lot of money. He sells the card to a pawnshop. He could be charged under BPC 21672(a).
Man B finds a very rare baseball card at a yard sale. He buys it immediately and is very excited. He immediately takes it to a store and attempts to sell it. The store owner identifies it as a fraudulent card. However, Man B should not be convicted under BPC 21672(a), since he didn’t know the card was forged.
Manufacturing, Producing, or Distributing Counterfeit Sports Trading Cards: Similar Charges
All forms of counterfeiting and forgery can be harshly punished in California. Individuals can face specific charges depending upon what they counterfeit or forge. Examples of common charges for these actions can include:
- California Penal Code Section 350: Manufacturing or Selling a Counterfeit Mark
- California Penal Code Section 470: Forgery
- California Penal Code Section 470A: Forgery Of A Driver’s License
- California Penal Code Section 472: Forging Or Possessing A Fraudulent Public Seal
- California Penal Code Section 476: Check Fraud
Acts of fraud, including bank fraud, mail fraud, and wire fraud can also lead to harsh penalties in the state of California.
Manufacturing, Producing, or Distributing Counterfeit Sports Trading Cards: Penalties
California’s court system can handle individuals accused of manufacturing, producing, or distributing counterfeit sports trading cards very harshly. Individuals convicted under BPC 21672(a) could be required to refund the buyer:
- The total amount the buyer paid to purchase the card
- The retail value of nonmonetary payment offered for the card
A BPC 21672(a) conviction can also lead to:
- Fines of up to $5,000
- Jail time of up to six months
Note that these penalties apply to each counterfeited card that was sold, manufactured, or distributed. This means that an individual who sold two counterfeited cards could be fined up to $10,000 in the state of California.
Manufacturing, Producing, or Distributing Counterfeit Sports Trading Cards: Defenses
You can get professional assistance dealing with BPC 21672(a) charges by reaching out to a criminal defense lawyer in Los Angeles immediately. Getting legal help right away can increase the odds that you will beat the charges you are facing. Your lawyer can get to work to show that:
You Didn’t Know You Were Distributing a Counterfeit Sports Trading Card
In some cases, you could receive a counterfeiting sports trading card that you thought was legitimate. If you resold such as card, while unaware that it was fraudulent, you should not be charged under BPC 21672(a).
You Didn’t Intend to Defraud, Injure, or Deceive Anyone
Some individuals enjoy creating fake sports trading cards for their own personal pleasure. You should not be charged under BPC 21672(a) if you created a fake sports trading card as part of a joke. As long as you weren’t intending to deceive or defraud another person with your work, you could avoid a BPC 21672(a) conviction.
Contact a Criminal Defense Lawyer for Help with BPC 21672(a) Charges
California Business and Professions Code Section 21672(a): Manufacturing, Producing, or Distributing Counterfeit Sports Trading Cards charges can be a challenge to handle on your own. Get the legal help you need by contacting the Simmrin Law Group now. You can call us at (310) 896-2723 or fill out our online contact form.
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