Two brothers get suspended sentences for counterfeit clothes set up valued at €3m
Two men have received suspended jail terms for their part in a counterfeit clothing operation which could have caused a potential loss of €3million to multinational clothing companies.
Brothers, Erol and Ali Basak ran the operation from a lock up container in Tallaght, south Dublin.
Gardai raided the premises and found it was fitted out as a workshop with sewing machines, heat presses for pressing transfers and presses to press labels onto footwear.
Gardai also seized clothing which had trademarks logo for well known clothing companies sewn on to them. They found around quarter of a million unused trademark labels for clothing companies Adidas, Nike, Converse, North Face, Abercrombie and Fitch and Superdry.
Brand protection agents from the multi-national companies inspected the clothing and estimated that the finished items would have have resulted in an estimated loss to the companies of €65,000.
Detective Garda Gareth Lynch told Dublin Circuit Criminal Court that the agents estimated that if all the unused labels had been used to produce counterfeit items the companies estimated the loss to them would be €3 million.
These figures are based on the assumption that each purchase of a counterfeit item resulted in a lost sale of a non-counterfeit item. The counterfeit items were being supplied to marts or Sunday markets around the country.
Erol Basak (43) of Liffey Park, Lucan, Co Dublin had pleaded not guilty to twelve counts of fraudulent possession of goods bearing trade marks and eleven counts of fraudulent application of trade marks.
A jury unanimously convicted him of all charges, committed on dates in November 2012 at the premises in Cedar View, Corbally, Tallaght.
Ali Basak of Edenderry, Co Offaly and formerly of Hannah Square, Saint Edmunds, Lucan pleaded guilty before his brother’s trial to similar offences, which are contrary to section 92 of the Trade Marks Act, 1996.
Judge Mary Ellen Ring suspended a sentence of two and a half years imprisonment on both men on condition that they each pay €5,000 by December 2017. She said €2,000 of this should go towards the expenses incurred by the State in having to fly over and accommodate trademark witnesses from the clothing companies.
She noted that both men have previously unblemished records and are unlikely to re-offend.
Judge Ring asked what would be done with the counterfeit clothes seized by gardai. It is normal that the evidence in a criminal trial is destroyed after sentence is passed.
She said: “It seems to me that to destroy clothing that is useful is inappropriate”. She noted that there were many organisations such as Focus Ireland would could make good use of them.
Paul Carroll BL, prosecuting, said there may be legal provision for the District Court to deal with items in another way but said the issue is that the counterfeit labels are on the items.
Judge Ring said the multinational companies would not want the items back, adding: “I’d be surprised if a charitable donation of their clothing would be something that would stand in the way off”.
She noted that in 2013 Erol Basak had himself arranged for the exportation of nearly 12,000kg of clothes as a charitable donation to victims of the Syrian crisis.
Both men are Turkish nationals. Father of five Erol Basak is an Irish citizen. His brother had worked as a waiter in the capital before this offending.
By Declan Brennan