You managed a store containing thousands of counterfeit CDs and DVDs and disc-burning equipment? Not good facts when issue is knowledge of deceptive labeling.

Allen v. United States (decided April 21, 2016).

 
Players: Associate Judges Beckwith and Easterly, and Senior Judge Belson. Opinion by Senior Judge Belson. Fletcher Thompson for Mr. Allen. Trial judge: Michael Ryan.  

Facts: Mr. Allen was the manager of a store where police found thousands of counterfeit CDs and DVDs, as well as equipment for burning discs and “spindles” of discs awaiting packaging. He was convicted of two counts of felony deceptive labeling in violation of D.C. Code § 22-3214.01(b).  

Issue: Was there sufficient evidence that Allen knowingly engaged in deceptive labeling?

Holding:  Yes. There was “ample evidence from which the jury could reasonably infer that appellant knowingly offered audio recordings and audiovisual work that did not clearly and conspicuously disclose the true name of the manufacturer,” where the record showed that Mr. Allen had worked as manager at the store for more than two years; that he was responsible for ordering CDs and assisting customers in purchasing them; that he had access to the areas where police found disc-burning equipment and burned discs awaiting packaging; and that he had made “mix tapes from illegally downloaded music.”              

Of Note: The statute’s knowledge requirement applies to both “the act of distributing or possessing for distribution . . . and the actual defects in the labeling.”  MW

Read full opinion here.