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CW News

CWNews

Cuban Counterfeiter Convicted

PEREZ CONVICTED IN CIGAR COUNTERFEITING CASE


Altadis U.S.A. Pleased With Latest Outcome
Altadis U.S.A. Investigation is Ongoing


     LAURO PEREZ, who was charged in a federal indictment with one count of conspiracy to traffic in
counterfeit goods and six counts of trafficking in counterfeit goods, was convicted on all counts on
Tuesday, September 15th, by a Miami jury.


     The jury rejected Perez’s argument that all he did was innocently copy Cuban products he alleged are
being sold worldwide. The jury concluded that, under U.S. law, Perez violated the trademark rights of
the U.S. trademark owners, including the trademark rights of Altadis U.S.A. Inc. and its various
subsidiaries in the famous MONTECRISTO, ROMEO y JULIETA, and TRINIDAD brands.
     For having been found guilty of the conspiracy count, Perez can be sentenced to up to five years of
imprisonment. For having been found guilty of the counterfeiting counts, Perez can be sentenced to up
to ten years of imprisonment. In addition to incarceration, Perez may be subject to fines, restitution,
special assessments, parole terms, or forfeitures that may be applicable. Sentencing will take place on
November 23, 2009.

ALTADIS U.S.A. REACTION
     This case is but one in a series of actions that have taken place as part of an ongoing aggressive campaign by
federal, state and local officials to put a halt to cigar counterfeiting. This case will once again send an important
message to counterfeiters: counterfeiting will not be tolerated. And it will reconfirm the message that Altadis
U.S.A. has been conveying to those who produce, distribute and/or sell so-called “Cuban replica” cigars:
Any unauthorized use of Altadis U.S.A.’s trademarks is illegal. Labeling cigars “Habana” or calling them “Cuban replicas” does not make them legal.
     Individuals who participate in the manufacture, distribution or sale of “Cuban replica” cigars will
be held personally liable for their counterfeiting activities. “These are important victories for Altadis U.S.A., its distributors and consumers, as well as the entire industry,” said Eric Workman, Senior Vice President Marketing of Altadis U.S.A. “Altadis U.S.A. remains committed to ensuring that Altadis U.S.A.’s trademarks are only associated with the cigars it produces under the high standards of quality for which they are known. In today’s competitive world, protecting brand names and trade
designs is critical, particularly those that have established a loyal following like MONTECRISTO and our other famous brands.”


     The Perez case is but the latest prosecution resulting from cigar counterfeiting raids that took place in December
of 2005. As a result of those raids:
• Juan Penton was convicted by a Miami jury and sentenced by a federal judge;
• Miguel Guerra pled guilty to two counts of criminal counterfeiting to avoid having to go to trial
and in order to get a lighter sentence; and
• Lauro Perez has now been found guilty.
     Counterfeiters have, for years, believed that they can proceed with their illegal activities. The clear message that
has now been sent by the Penton, Guerra and Perez cases is that counterfeiters:
(i) will be caught by law enforcement agencies;
(ii) will be indicted by federal grand juries;
(iii) will be prosecuted by federal prosecutors;
(iv) will be convicted by South Florida juries; and
(v) will not just be put on probation, but rather, they will be sentenced to incarceration by
federal judges.