Two women who made thousands of pounds selling counterfeit goods through Facebook – including fake Adidas, Paco Rabanne and Apple products - have been sentenced, after a Trading Standards Investigation.
The pair sold items including clothing, jewellery, cosmetics, electrical items and tobacco through Facebook Marketplace and were both sentenced on Monday (21 July) after previously pleading guilty to conspiracy to sell goods bearing unauthorised trademarks.
Helen Brindley Walker, 43, of Norris Hill, Moira was jailed for two years and three months, while Lisa McArdle, 53, of High Street, Measham received a sentence of 15 months imprisonment suspended for two years when they appeared at Leicester Crown Court on Monday 21 July.
According to figures given to the court by Leicestershire Trading Standards who brought the prosecution, during the 16 months that Brindley-Walker was running the business, it was estimated to have a turnover of at least £480,000 – the equivalent of almost £3.5 million in legitimate goods.
The court heard that between July 2020 and October 2021, Leicestershire Trading Standards had received a number of complaints from customers who had bought items that Brindley-Walker and McArdle had advertised on Facebook. When the customers complained about the poor quality of the items received, they were refused refunds.
Following the complaints, Brindley-Walker was contacted by Trading Standards on more than one occasion, giving her advice and warning her of the serious consequences of selling counterfeit goods.
The items were being sold through a closed Facebook group called ‘Get the Look’, which was administered by Brindley-Walker. Trading Standards officers joined the group and carried out two test purchases.
They bought items branded as Adidas and Nike trainers, Paco Rabanne aftershave, Tiffany earrings, Apple Air Pods, Adidas hoodie and a YSL perfume and make-up set.
The items were also analysed by representatives from Adidas, Nike, Tiffany, Apple and YSL, who all confirmed that the goods were not genuine, and that Brindley-Walker and McArdle did not have authorization to produce, market or import any of their branded goods.
Trading Standards officers obtained warrants to examine the womens’ home addresses as well as two self-storage units in Burton upon Trent. A total of 3,558 branded items were seized from the three addresses.
The court was told that the counterfeit items seized on that day by Trading Standards had a total selling price of £46,500. If the goods sold had been genuine, they would have been worth more than £335,000.
Samples of the seized items were sent off to expert witnesses for examination. In total, 31 separate trademark holders confirmed that the items were counterfeit.
The court heard that Brindley-Walker ran the operation and McArdle worked for her, monitoring the Facebook page, packing orders and taking them to the Post Office.
In mitigation, the court was told that Brindley-Walker had felt threatened by her supplier and was operating in genuine fear of him. In the case of McArdle, her limited role in the business, her genuine remorse and earlier guilty plea all went in her favour.
Passing sentence on Brindley-Walker, His Honour Timothy Spencer KC said: “You were given a very clear warning about selling counterfeit goods. You completely ignored the warning. If you had done what you should have done and stopped it there and then, you would not be in such big trouble as you are.
“The counterfeit market is very worrying indeed, it undermines legitimate trade. In all likelihood it exploits sweated labour in developing countries. It strikes at the heart of any reliable retail system.”
Sentencing McArdle, he said: “This is your first appearance in a court ever and it had better be your last. Your criminal career starts and finishes with this offending.”
As the judge emphasised, this kind of fraudulent activity is detrimental to legitimate businesses, exploits people and funds further criminality.
These sentences send out a clear message - Leicestershire County Council Trading Standards will not hesitate to investigate and take action against this sort of unscrupulous and dishonest activity, and those who take part in it can face prison.
Person:Gary Connors, head of regulatory services