Four Cleveland Men Indicted For Trafficking In Counterfeit Trademarks

A federal indictment was filed today charging four individuals with trafficking in counterfeit trademarks, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Osama Iwais, age 36, Samer Iwais, age 31, Tarek Iwais, age 35, and Kalid Iwais, age 36, all of Cleveland, Ohio, are named in the one-count indictment.

The indictment alleges that between December 13, 2011, and March 7, 2012, the defendants did intentionally traffic, attempt to traffic and aid and abet the trafficking and attempted trafficking in goods, specifically, Ralph Lauren Polo shirts, boots and shorts, Ugg boots, Nike footwear, Timberland boots, Gucci footwear, New Era hats, True Religion jeans, North Face jackets and Lacoste boots, while knowingly using on or in connection with said merchandise counterfeit trademarks which were identical to and substantially indistinguishable from marks that were in use for such goods, and which were registered with the U.S. Patent and Trademark Office.

The indictment alleges that the merchandise in question, if genuine, had an aggregate value of approximately $95,000.

The case is being prosecuted by Assistant United States Attorney Robert W. Kern following an investigation by the Federal Bureau of Investigation and the Cleveland Police Department.

If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.