Other Criminal Statutes
The sale, reproduction and distribution of counterfeited or pirated
of a copyrighted work may frequently be part of a larger fraudulent scheme.
marketing counterfeit works as genuine, many defendants may be engaging in a
scheme to defraud retailers and consumers. Assuming that jurisdictional
requirements are met, such a scheme may violate the federal mail and wire
statutes. See 18 U.S.C. §§ 1341 and 1343. But see
United States v. LaMacchia, 871 F. Supp. 535 (D. Mass. 1994).
should remain cognizant, however, of the potential preemptive effect of
copyright legislation. See this Manual
1844. In cases that may call for the application of the wire or mail
statutes to a scheme involving violations of intellectual property rights,
prosecutors are encouraged to contact the Computer Crime and Intellectual
Property Section, and to consult its Intellectual Property Rights
[cited in USAM 9-71.001]