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Copyright Cases - U.S. v. Martin (N.D. Ohio)

December 15, 2004

Department Of Justice
Northern District of Ohio
United States Attorney
Gregory A. White
Robert W. Kern
Public Information OfficeAssistant U.S. Attorney
(216) 622-3836

Warren, Ohio Woman Indicted for Trafficking in Counterfeit Labels and Reproduction and Distribution of Copyrighted Motion Pictures

Gregory A. White, United States Attorney for the Northern District of Ohio, announced today that a federal grand jury in Cleveland, Ohio, returned a two-count indictment charging Cindy A. Martin, age 47, or 2881 Fairview Avenue SE, Warren, Ohio 44484, with one count of trafficking in Counterfeit Copyrighted Labels, in violation of 18 U.S.C. §2318 , and one count of Criminal Infringement of Copyrights, in violation of Title 17, U.S.C., §506(a)(2) and Title 18, U.S.C., §2319.

Count 1 of the indictment charges that between on or about October 1, 2003, and on or about January 29, 2004, the defendant knowingly and willfully infringed the copyright of approximately one hundred (100) copyrighted motion pictures, by reproducing and distributing ten (10) or more copies of said copyrighted works within a 180 day period, in violation of Title 17, U.S.C., Section 506(a)(2) and Title 18, U.S.C., Section 2319.

Count 2 of the indictment charges that on July 21, 2004, the defendant did knowingly traffic in and attempt to traffic in counterfeit labels affixed or designed to be affixed to thirty-six (36) audio CDs containing unauthorized or pirated copies of copyrighted music/audio works, in violation of Title 18, U.S.C., Section 2318.

The actual sentence in this case, upon conviction, may be determined by the Court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the unique 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.

This case is being prosecuted by Assistant U.S. Attorney Robert W. Kern, following an investigation by the Youngstown Office of the Federal Bureau of Investigation.

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.


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