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News / Archive - December 2006
4th December 2006
EBAY FILM PIRATE HAS RECORD £55,000 ASSETS SEIZURE
- LORD OF THE RINGS WAS TOP SELLING ITEM -
A prolific seller of pirate DVDs on eBay has been ordered to pay £55,000 under Proceeds Of Crime legislation following a judgement on Friday (1st December) at Bradford Crown Court.
Peter Spencer, who has already served a jail sentence for his piracy activities, had also been the subject of an investigation by the Assets Recovery Agency. This sum is the highest asset seizure to date for a FACT prosecuted film piracy case. The £55,000 was adjudged to be the criminal profit made by Spencer from his pirate DVD sales.
He must now pay the £55,000 to the Exchequer within 12 months or face a two year custodial sentence - with the money still owing and payable to the Exchequer.
FACT brought its own prosecution against Spencer, age 39, from Oakhall Park, Bradford after monitoring his trade in counterfeit DVDs on eBay since 2002. Spencer was sentenced to a six month jail term in May 2006 at Bradford Crown Court.
In just one day in January 2004 Spencer had over 950 pirate DVDs listed for sale on eBay and FACT’s Internet Investigations Team was able to show that just one title alone, Lord Of The Rings: Return Of The King, made him over £14,000.
Kieron Sharp, FACT Director General said:
“This is another important milestone and it demonstrates the effectiveness of the Proceeds Of Crime Act. The use of this legislation to target the criminal profits gained from film piracy in addition to the custodial sentences handed down by the Courts is a powerful weapon as this hits criminals hardest – taking away their liberty and their money.
I would like to thank the Assets Recovery Agency and West Yorkshire Police for their diligence and assistance in bringing this case to a successful conclusion.
I hope this result also sends a strong message to those using auction sites such as eBay that they are not immune from prosecution and further action should they trade in counterfeit goods.”
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6th December 2006
FACT WELCOMES TIGHTENING OF LAWS ON FILM PIRACY
The Federation Against Copyright Theft (‘FACT’) is pleased with the announcement by The Chancellor, Gordon Brown, in his Pre Budget Report, following the recommendations of Andrew Gowers, that stronger enforcement is needed to tackle the problem of film piracy.
We welcome the statement that there will be tighter penalties for illegal copying and piracy and the recognition of intellectual (‘IP’) crime in the National Community Safety Plan, as well as the additional funding for enforcement by Trading Standards. It is also pleasing to see that there is a recommendation in the Gowers Report for the regulation of so-called ‘occasional sales’ such as markets and car boot sales.
Kieron Sharp, FACT Director General commented: “Film piracy has been seen by some as a ‘soft’ crime yet it brings harm and other serious criminal activity to local communities. It also has proven involvement with organised crime in the UK and internationally.
FACT has strengthened its resource and capability over the past year and is now the pre eminent anti-piracy organisation in the UK.
Criminals made over £270 million from film piracy in 2005, making this the worst affected single sector for intellectual property crime out of all IP industries. This is revenue that has been lost to the local and national economy and is affecting British jobs.”
FACT works with Police and Trading Standards across the UK to ensure that those involved in film piracy are punished for their actions and we are starting to see some stronger sentencing meted out by the Courts.
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11th December 2006
SIX JAILED FOR INTERNET FILM PIRACY CONSPIRACY IN FIRST CASE OF ITS KIND IN THE UK
A major internet piracy conspiracy has been broken up and six men sentenced to terms of imprisonment ranging from four years to six months on Friday (8th December) at Birmingham Crown Court for offences relating to the manufacture, distribution and sale of pirate DVDs.
The PIR8 web forum facilitated the selling of pirate material to over 13,000 users. The conspirators were involved in the running of and/or the manufacture and distribution of counterfeit films sold via the website and via other outlets.
The Federation Against Copyright Theft (‘FACT’) prosecuted the case which followed a three year investigation and prosecution by FACT into the group. Assistance in the investigation was given by the BPI (the record industry trade body) Anti-Piracy Unit.
The following, aged 21 to 37 years old, (with PIR8 usernames) all pleaded guilty to Conspiracy to Defraud:
Lee Richard Bennett (‘Mack’), from South Normington, Derbyshire, and the owner of the PIR8 site was sentenced to four years imprisonment.
Barry Jarvis (‘Leafy’), from Johnstown, Wrexham, the website administrator, was sentenced to one year’s imprisonment.
Kevin Bowles (‘Taz’), from Doncaster, but living in Darlington at the time of the offences received a one year jail sentence.
Robert Chester (‘Killalot’), from Eastbourne, Sussex, also a received one year jail sentence.
Jason Morgan (‘Monkfish’),from Lanchester, Co. Durham and Christopher Pomroy (‘Trinity’), from Stretford, Greater Manchester were sentenced to six months’ imprisonment.
Karl Smith (‘Toon’), from Peterlee, Co. Durham and Marcus Jones, from Brynteg, Anglesey,were sentenced to 240 hours Community Punishment Orders.
Adrian Hodgson (‘Eda), from Kingston Upon Hull, was sentenced to 200 hours Community Punishment Order.
Also sentenced was Paul Bowes, from Co. Durham, who was not part of the conspiracy but pleaded guilty to manufacturing pirate DVDs. He was sentenced to 150 hours’ Community Punishment Order.
The judge’s comments made it clear that this was a groundbreaking case. He noted that this was the first case of its kind to come before the UK criminal courts and that his sentencing included a strong deterrent element.
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15th December 2006
£60,000 CONFISCATION ORDER AGAINST FILM PIRATE
Assets Recovery Agency (ARA) Financial Investigators, working in partnership with Essex County Council Trading Standards, Cambridge County Council Trading Standards, Federation Against Copyright Theft (FACT) and British Phonographic Industry (BPI) and have secured a Confiscation Order worth £60,681 against Peter William Axford of Kilmartin Road, Ilford, Essex, who is a convicted counterfeiter.
Investigations into Mr. Axford’s activities began in November 2002 when Essex Trading Standards received complaints from members of the public in relation to the sale of counterfeit DVDs at car boot sales in the county. A joint investigation was launched with the Federation Against Copyright Theft (FACT) and the British Phonographic Industry (BPI). Inquiries identified Mr. Axford as being involved in the illegal copying, distribution and sale of counterfeit DVDs in the Essex area.
On 10th July 2006 at Blackfriars Crown Court, Mr. Axford pleaded guilty to making for sale infringing copyright works, producing infringing copyright works, copying infringing copyright works, offering for sale infringing copyright works, and offering for sale counterfeit goods which bore a registered trademark. He was sentenced to 30 months’ imprisonment.
At Blackfriars Crown Court yesterday, HHJ Marron certified that the benefit derived from Mr. Axford’s activity amounted to £122,066.20, and ruled that the recoverable amount is £60,681. Mr. Axford has 18 months to pay this amount back to the Agency, or face 18 months’ imprisonment in default.
Jane Earl, Director of the Assets Recovery Agency, said: “By using a joined-up approach, we can take the cash out of counterfeiting. The Assets Recovery Agency works with a range of agencies and organisations to make sure crime doesn’t pay- this case is no exception. I look forward to even more success through cooperation in the future.”
Kieron Sharp, FACT Director General, added: “I am pleased that this multi-agency operation has resulted in a conviction and a confiscation order. The primary motivation for those involved in film piracy is the criminal profits and, by hitting them with prison and a financial penalty, we can send the message that this kind of activity carries a higher risk than previously.
I would like to thank the ARA, Essex County Council Trading Standards, Cambridge County Council Trading Standards and the BPI for their assistance in this case.”
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20th December 2006
ARRESTS AND MAJOR SEIZURES IN NORTHERN IRELAND, SCOTLAND AND NORTH-WEST ENGLAND
NORTH-WEST ENGLAND
FACT’s regional investigator, working with local Police and Trading Standards, has helped seize over 90,000 pirate DVDs from markets in the North-West.
Over the past 3 weeks, teams have targeted some of the area’s blackspots for sale of pirate material, including DVDs, CDs and computer games, and have followed up with further seizures at some home addresses.
Markets and seizure totals as follows:
Lever Street, Bolton, Lancs: 12,000 DVDs and 13 related arrests; further raid led to another 9,000
Salford Market, Greater Manchester: 1,000
Greymare Lane, Manchester: 9,000 on one raid; 3,000 on a further raid
Cocksparrow Lane, Staffordshire: 23,000
Great Homer Street, Liverpool: 7,000
Stanley Docks, Liverpool: 18,000
Kieron Sharp, FACT Director General, said: “This shows the benefit of good cooperation between agencies targeting criminals seeking to profit from selling pirate DVDs. These criminals operate not just in the run up to Christmas but all year round. By combining the seizure of pirate material and the use of intelligence based investigation we can disrupt the supply to the public and bring to justice those making sizeable criminal profits from their illegal activities.
The sale of pirate goods on these markets also brings harm to the local communities and attracts other criminality and we ask the public to report anyone selling pirate DVDs via our website: www.fact-uk.org.uk or by ‘phoning 0845 60 34567.”
NORTHERN IRELAND:
Four people arrested following a major search operation at houses and a market at Sackville Street in Londonderry earlier today have been charged with a total of 19 charges under both the Copyright Act and Tradesmarks Act. All four, two women aged 24 and 33 years and two men aged 24 and 55 years are expected to appear at Londonderry MC at 10am on Thursday 11 January 2007.
In a further search in the Hazelbank area of the city what has been described as an extensive counterfeiting plant was discovered by police. Among the items seized were around 800 DVDs, 200 CDs and a significant quantity of computer equipment. A man and a woman were arrested and subsequently released on bail pending further enquiries.
It is believed that the total value of items seized during the operation was over £33,000 including a sum of cash.
SCOTLAND:
SEIZURE OF COUNTERFEIT GOODS WORTH IN EXCESS OF THREE HUNDRED THOUSAND POUNDS - PADDY’S MARKET, GLASGOW
Strathclyde Police Officers, working in conjunction with officers from the Federation Against Copyright Theft (FACT) and BPI have seized counterfeit goods with an estimated value in excess of three hundred thousand pounds.
DVDs, CDs and copying equipment were recovered in the operation at Paddy’s Market in Glasgow on Tuesday 19 December 2006.
DVDs include recent film titles such as Borat The Movie, The Holiday, Happy Feet and Déjà Vu.
Among the CDs recovered were Now Dance 2007, U2-18 Singles and The Beatles Love.
Two men, aged 21and 24 years, and one woman, aged 29 years, will be reported to the procurator fiscal following the seizure.
Superintendent Stewart Miller, based at City Centre Police Office, said:
“The raid at Paddy’s Market was intelligence led and is part of an ongoing joint operation.
“Strathclyde Police is committed to working in partnership with other agencies to deliver maximum impact on the illegal market of counterfeit goods.”
John McGowan, FACT Senior Investigator, added:
“These types of crime are not victimless, and I can reassure traders and their customers that FACT in partnership with Strathclyde Police is committed to targeting criminals who profit from this fraudulent activity.”
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