By The National Association of Manufacturers

Amid an unprecedented global health crisis, manufacturers have stepped up and taken the lead, working together and with national, state and local governments to fight the spread of COVID-19. Manufacturers deliver day-to-day necessities, lifesaving medical innovations and products that improve people’s lives in countless ways. While the pandemic has demonstrated anew the importance of American innovation and ingenuity, it has also revealed a serious threat: counterfeit products that put lives and livelihoods at risk. Counterfeiting is not a new problem; it has harmed manufacturers, American workers and consumers for years. But the problem is getting worse, and the COVID-19 pandemic has shown just how dangerous inaction can be. As part of the nation’s critical response effort, manufacturers have been supplying health care workers and other Americans on the front lines of this crisis with vital goods, including personal protective equipment, hospital beds, ventilators, hand sanitizers, cleaning supplies and other critical health care and safety products. But while manufacturing men and women work long hours to ramp up production of desperately needed products to fight the spread of this deadly illness, counterfeiters have exploited the crisis to peddle fake tests, dangerous vaccines and ineffective protective gear. These counterfeits are harming American citizens and hindering manufacturers’ efforts to protect their workers and communities. The prevalence of counterfeits in the COVID-19 response has brought new urgency to this long-simmering issue. So the National Association of Manufacturers is leading the charge against fake and counterfeit goods, bringing together diverse stakeholders and driving innovative policy solutions to address these issues once and for all and to ensure the long-term success of our sector and the safety and security of the people who rely on our products. 

Washington, DC: National Association of Manufacturers, 2020.  21p.

By John Dunham & Associate

  The Buy Safe America Coalition represents a diverse group of responsible retailers, consumer groups, manufacturers, intellectual property advocates and law enforcement officials who support efforts at all levels of government to protect consumers and communities from the sale of counterfeit and stolen goods. One important issue facing US businesses is the massive growth in the availability and sales of illicit products, both from counterfeit imports — increasingly from China — and from products stolen from legitimate retailers and sold through online marketplaces, where the anonymity of a screenname has made it easier and more profitable to fence counterfeit and stolen goods. The Coalition asked John Dunham & Associates (JDA) to examine the data around these illicit sales to determine how they impact the US economy, federal tax revenues, and criminal activity. This is the first of a series of papers examining the issue of counterfeit and stolen goods and its effect on the United States economy. This analysis will focus on the importation of illicit products, notably counterfeits that violate producers’ intellectual property rights. Future analysis will examine the effects of domestic smuggling, the resale of stolen goods, and the effects of contraband on overall criminal activity. According to the analysis: • A large share of contraband items are delivered to US consumers by mail or by express consignment. These transactions account for over 60.8 percent of all seizures by the US customs service and over 90 percent of intellectual property rights (IPR) seizures. The growth in these types of shipments has increased along with the use of online marketplaces. Amazon, for instance, now derives more than 75 percent of their ecommerce revenue from marketplace sales. • In effect, as companies like the Chinese ecommerce marketplace Alibaba and the Amazon marketplace, have linked more consumers to more shippers, many companies producing illegitimate products have gained access to unwitting consumers in America. • The bulk of counterfeit products to the US come from China and its dependent territories, accounting for over 90.6 percent of all cargo with IPR violations. Of the $1.23 billion in total IPR violations intercepted, $1.12 billion was from China. • Examining just those data where CBP can provide an HS code, in some cases, the amount of contraband cargo is nearly equal to the entire import base. For example, imports of certain sweaters, jumpsuits and toys from China are almost 100 percent contraband, as are large amounts of handbags, jewelry and belts. • While there is substantial academic literature on the smuggling of narcotics, people and tobacco, there is very little written on counterfeit products. Using a very conservative model it is estimated that $44.3 billion in additional illicit cargo is escaping detection. • These lost sales alone mean that over 39,860 jobs in wholesaling and nearly 283,400 retail jobs are lost due to the impact of counterfeit goods skirting normal trade channels. All told, the sale of counterfeit items is expected to cost the wholesale and retail sectors of the US economy nearly 653,450 full-time equivalent jobs that pay over $33.6 billion in wages and benefits to US workers. • It is estimated that the smuggling of counterfeit goods costs the US government nearly $7.2 billion in personal and business tax revenues alone. • This analysis is based on the current level of CBP intercepts of illicit cargo. It is likely that the number of illegal imports is much larger than even estimated here.  

Washington, DC: Buy Safe America Coalition, 2021. 25p.

Edited by Daniel Becker, Annalisa Fischer, Yola Schmitz

Forgeries are an omnipresent part of our culture and closely related to traditional ideas of authenticity, legality, authorship, creativity, and innovation. Based on the concept of mimesis, this volume illustrates how forgeries must be understood as autonomous aesthetic practices – creative acts in themselves – rather than as mere rip-offs of an original work of art. The proceedings bring together research from different scholarly fields. They focus on various mimetic practices such as pseudo-translations, imposters, identity theft, and hoaxes in different artistic and historic contexts. By opening up the scope of the aesthetic implications of fakes, this anthology aims to consolidate forging as an autonomous method of creation.

 Bielefeld: transcript Verlag, 2018. 248p.

By John Alexander

In this monograph, Dr. Alexander sets the stage with a brief historical account of how maritime piracy has evolved over the centuries to its current state: a vast enterprise whose increasing profitability has attracted a confluence of nefarious actors including warlords and international criminal organizations. Dr. Alexander speculates on the potential for intersection between pirates and ideological terrorist movements such as al-Qaeda and Associated Movements. Such a future would significantly elevate the stakes in a U.S. whole-of-government counter-piracy response. What role should the U.S. military, and Special Operations Forces (SOF) in particular, play in addressing the global issue of maritime piracy? Dr. Alexander points out many of the thorny legal considerations that contextually color any efforts to address counter-piracy and notes that the best solution to criminal acts occurring hundreds of miles at sea may in fact lie with efforts, including the use of SOF, to improve the security apparatus on shore.

MacDill Air Force Base, Florida: Joint Special Operations University Press. 2013. 102p

By The American Apparel & Footwear Association (AAFA).

Fraudulent advertising is rapidly emerging as a new risk to consumers shopping online, where millions of consumers are exposed to thousands of fraudulent advertisements taking them to thousands of illegitimate e-commerce websites that defraud and/or sell counterfeit products and deceitful services. This report from TRACIT and the American Apparel and Footwear Association investigates and points out that Internet-based platforms for social networking and shopping from home have inherent systemic weaknesses that are exploited by criminals to sell any variety of counterfeit or illegal product with little risk of apprehension. The lack of sufficient policies and procedures to verify an advertiser’s true identity and limited vetting during the onboarding process are identified as the main vulnerabilities that enable fraudulent advertising online.

NY: TRACIT(July 2020) 66p.