SACRAMENTO – United States Attorney John K. Vincent announced today that MOHSIN MYNAF, 36, of Vacaville, California, was charged in a sixteen count indictment with criminal copyright and false document charges. The indictment includes six counts of criminal copyright infringement; six counts of trafficking in counterfeit labels; one count of circumventing a technological measure that protects a copyright work (the “Digital Millenium Copyright Act”); and one count of criminal forfeiture and destruction of property used to commit the copyright violations. Additionally, the defendant was also charged with one count of possessing with intent to use unlawfully five or more identification documents; and one count of possessing a Social Security card which did not belong to him. According to the indictment and evidence gathered during the investigation, approximately 4,529 bootlegged video tapes were found on December 5th, and 6th, 2001 during the service of five federal search warrants at three video stores (located at Video Stop, 1100 Marshall Road, Suite A, B, C, D, Vacaville, California; Videoland, 2147 North Texas Street, Fairfield, California; and Videoland, 128 Robles Way, Vallejo, California), a Vacaville storage facility rented by defendant MYNAF, and the defendant’s Vacaville residence. Approximately 28 bootlegged video tapes were also found at the three video stores between August 31, 2001 and November 25, 2001. Additionally, approximately 3,446 counterfeit copyright notice labels on the video tapes were found between August 31, 2001 and December 6, 2001. According to investigators, some of the bootlegged movie video titles included recent releases such as”Legally Blond,” “Lara Croft: Tomb Raider,” “Pearl Harbor,” “Along Came A Spider,” “Crocodile Dundee In Los Angeles,” “The Ladies Man,” “Dracula 2000,” “Miss Congeniality,” “Dr. Doolittle II,” “Shrek,” “Hannibal,” “Crouching Tiger Hidden Dragon,” “The Grinch Stole Christmas,” and “Planet of the Apes.” The false document-related charges allege that defendant MOHSIN MYNAF knowingly possessed with intent to use and transfer unlawfully five or more identification documents and false identification documents, including a Social Security card in the name of another person and New Mexico Driver’s Licenses with the names of Mohsin Malik, Mohsin Bahadur, Mohsin Kaanchwaala, Mohsin Khan, and Mohammad T. Khan. According to investigators, the driver’s licenses each bore the photograph of defendant MOHSIN MYNAF and some of the licenses used the social security number from the card for the other named person. The indictment further charges that defendant MOHSIN MYNAF knowingly possessed the social security card in the name of another person knowing the card was stolen or produced without lawful authority. This case represents one of the first criminal prosecutions in the country under the Digital Millenium Copyright Act (DMCA), which was enacted in October 1998. The provision under which defendant MYNAF was indicted prohibits anyone from willfully, and for purposes of commercial advantage and private financial gain, circumventing a technological measure that effectively controls or safeguards access to a work protected under the copyright laws. According to entertainment industry sources, the seizure of more than 4,500 video tapes is one of the largest in the Western United States. “The Motion Picture Association of America (MPAA) is grateful to the U.S. Attorney’s Office in Sacramento and the FBI for their work on this case. In the United States, the MPAA loses approximately $250 million dollars every year to piracy. This is one of the first DMCA prosecutions targeting the circumvention of security measures placed on analog videocassettes. We are pleased the government decided to bring charges against the defendant under both the circumvention provisions of the DMCA and for criminal copyright infringement,” said Ken Jacobsen, Senior Vice President and Director, Worldwide Anti-Piracy Operations, MPAA. U.S. Attorney Vincent added that criminal copyright infringement will continue to receive a high priority in the Sacramento U.S. Attorney’s Office and Federal Bureau of Investigation, particularly in cases involving the mass reproduction and distribution of copyrighted works as alleged in this case. According to Assistant U.S. Attorney Mark L. Krotoski, who is prosecuting the case, MYNAF faces a maximum penalty of five years and a fine of up to $250,000 on each of the criminal copyright infringement and trafficking in counterfeit labels counts; a maximum penalty of five years and a fine of up to $500,000 on the Digital Millenium Copyright Act count; criminal forfeiture and destruction of the property used to commit the copyright violations; and a maximum penalty of fifteen years and a fine of up to $250,000 on each of the false identification charges. The charges contained in the indictment are only allegations and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt. MYNAF was arrested on December 5, 2001 during the service of the federal search warrant and is expected to be arraigned on the charges on Monday, February 11, 2002. The case was investigated by the Federal Bureau of Investigation Fairfield Office with the assistance of the Vacaville Police Department and the Motion Picture Association of America.
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