INDICTMENT

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					IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION UNITED STATES OF AMERICA vs. STEPHEN P. McDANIEL ) ) ) ) )

No.

4:08CR00 18 U.S.C. § 2320(a) 18 U.S.C. § 2323(b)

INDICTMENT
THE GRAND JURY CHARGES THAT: COUNT 1 On or about June 6, 2007, in the Eastern District of Arkansas, STEPHEN P. McDANIEL intentionally trafficked in goods, to-wit, two (2) pairs of shoes, and knowingly used counterfeit marks on and in connection with such goods, that is, the mark associated with Nike, Inc. products, which counterfeit marks were identical with and substantially indistinguishable from genuine marks in use and registered for those goods on the principle register in the United States Patent and Trademark Office, and the use of which counterfeit marks was likely to cause confusion, to cause mistake, and to deceive. All in violation of Title 18, United States Code, Section 2320(a). COUNT 2

0.000 Twon and in connection with such 0.000 Tf 0.6600 Tc -0.4200 Tw (O0000 TD ( C)Tj 11.88000.0000 TD (f)Tj it marks ()Tj 0.0000 0.0002400 TD 00 goods, that is, themark associated with

Nike, Inc. products, which counterfeit marks were identical with and substantially indistinguishable from genuine marks in use and registered for those goods on the principle register in the United States Patent and Trademark Office, and the use of which counterfeit marks was likely to cause confusion, to cause mistake, and to deceive. All in violation of Title 18, United States Code, Section 2320(a). COUNT 3 On or about August 10, 2007, in the Eastern District of Arkansas, STEPHEN P. McDANIEL intentionally trafficked in goods, to-wit, a T-shirt, and knowingly used counterfeit marks on and in connection with such goods, that is, the mark associated with Coogi products, which counterfeit marks were identical with and substantially indistinguishable from the genuine marks in use and registered for those goods on the principle register in the United States Patent and Trademark Office, and the use of which counterfeit marks was likely to cause confusion, to cause mistake, and to deceive. All in violation of Title 18, United States Code, Section 2320(a). COUNT 4 On or about January 28, 2008, in the Eastern District of Arkansas, STEPHEN P. McDANIEL intentionally trafficked in goods, to-wit, a wallet, and knowingly used counterfeit marks on and in connection with such goods, that is, the mark associated with Coach products, which counterfeit marks were identical with and substantially indistinguishable from the genuine

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marks in use and registered for those goods on the principle register in the United States Patent and Trademark Office, and the use of which counterfeit marks was likely to cause confusion, to cause mistake, and to deceive. All in violation of Title 18, United States Code, Section 2320(a). COUNT 5 On or about May 25, 2008, in the Eastern District of Arkansas, STEPHEN P. McDANIEL intentionally trafficked in goods, to-wit, twelve (12) pairs of shorts, and knowingly used counterfeit marks on and in connection with such goods, that is, the mark associated with Coogi products, which counterfeit marks were identical with and substantially indistinguishable from genuine marks in use and registered for those goods on the principle register in the United States Patent and Trademark Office, and the use of which counterfeit marks were likely to cause confusion, to cause mistake, and to deceive. All in violation of Title 18, United States Code, Section 2320(a). COUNTS 6-40 On or about July 2, 2008, in the Eastern District of Arkansas, STEPHEN P. McDANIEL intentionally trafficked in goods, as set forth below, the Manufacturer’s Suggested Retail Price (MSRP) of which totaled over $1,000,000, and knowingly used counterfeit marks on and in connection with such goods, that is, the protected marks associated with the products as named below, which counterfeit marks were identical with and substantially

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indistinguishable from the genuine marks in use and registered for those goods on the principle register in the United States Patent and Trademark Office, and the use of which counterfeit marks were likely to cause confusion, to cause mistake, and to deceive. Count 6 7 8 9 10 Mark Used 7 For All Mankind Apple Bottoms Armani Baby Milo Baby Phat Jeans Jacket, Jump Suit, Shirts Sunglasses Hoodies, Shirts Belt Buckle, Dresses, Jeans, Jump Suit, Shirts, Handbag, Sweat Suits, Skirts Shirts, Hoodies, Shoes, Sweat Shirt Shirts Hats, Handbags Handbags, Shirts, Wallets Belt Backpacks, Hats, Handbags, Sunglasses, Wallets, Shoes Shirts, Hoodies, Jeans, Shorts, Sweat Shirt, Sweat Suits Handbags, Metal Labels Handbags Shirts Hats, Shirts Jeans, Shorts, Shirts Hats, Shoes, Shirts Hats Description of Goods

11 12 13 14 15 16 17 18 19 20 21 22 23 24

Bape Billionaire Boys Club Burberry Chanel Christian Dior Coach Coogi Dolce & Gabbana Dooney & Bourke Ecko / Ecko Red Ed Hardy Evisu Fendi FUBU

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Count 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Gucci

Mark Used

Description of Goods Shirts, Shoes, Wallets Hats Handbag Shirts, Sweat Shirt, Jump Suit Address Books, Briefcase, Jewelry Box, Handbag, Shirts, Wallets Athletic Jacket, Shirts, Hoodies, Jeans Shoes, Belt Buckle, Shirts, Hats, Visor Cloth Sunglass Cases Hats, Shirts, Visor Handbags Belt Buckle, Dog Tags, Jeans, Shirts Oyster Boxes, Watch Watch Hats, Visor Jeans Shirts

Harley-Davidson Kate Spade Lacoste Louis Vuitton LRG Nike Oakley Polo Ralph Lauren Prada Rocawear Rolex Tag Heuer Tommy Hilfiger True Religion Versace

All in violation of Title 18, United States Code, Section 2320(a).

FORFEITURE ALLEGATION Upon conviction of the offenses in 18 U.S.C. § 2320 as alleged in Counts 1 - 40 of this Indictment, the defendant herein shall forfeit to the United States of America pursuant to 18 U.S.C. § 2323(b), all property, real or personal, which: 5

(a)

is any article, the making or trafficking of which is, prohibited under section 2320;

(b)

any property used, or intended to be used, in any manner or part to commit or facilitate the commission of the offense;

(c)

any property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of the offense.

The property to be forfeited includes, but is not limited to: (1) (2) (3) One Dell Dimension XPS Computer, SN 3TMZ481 $1,634.00 in U.S. Currency the items as listed in the chart below, each of which bears one or more counterfeit marks. If any of the property described above, as a result of any act or omission of the defendant: a. b. c. d. e. cannot be located upon the exercise of due diligence; has been transferred or sold to, or deposited with, a third party; has been placed beyond the jurisdiction of the court; has been substantially diminished in value; or has been commingled with other property which cannot be divided without difficulty; the United States of America shall be entitled to forfeiture of substitute property pursuant to 21 U.S.C. § 8539(p), incorporated by 18 U.S.C. § 2323(b).

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Mark Used 7 For All Mankind Apple Bottoms Apple Bottoms Apple Bottoms Armani Baby Milo Baby Milo Baby Phat Baby Phat Baby Phat Baby Phat Baby Phat Baby Phat Baby Phat Baby Phat Baby Phat Baby Phat Baby Phat Bape Bape Bape Bape Billionaire Boys Club Burberry

Description Jeans Jacket Shirts Jump Suit Sunglasses Hoodies Shirts Belt Buckle Dresses Jeans Jump Suit Long-sleeved Shirts Medium Handbags Shirts Shirts Sweat Suits Skirts Tank Tops Hoodies Shirts Shoes Sweat Shirts Shirts Hats

Quantity 2 1 72 1 6 13 24 5 6 1 1 4 54 1 133 5 9 13 33 5 82 5 105 20

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Mark Used Burberry Burberry Burberry Chanel Chanel Chanel Chanel Christian Dior Coach Coach Coach Coach Coach Coach Coach Coach Coogi Coogi Coogi Coogi Coogi Coogi Coogi Dolce & Gabbana

Description Large Handbags Medium Handbags Small Handbags Medium Handbags Shirts Small Handbags Wallets Belts Backpacks Hats Large Handbags Medium Handbags Small Handbags Sunglasses Wallets Single Shoes Golf Shirts Hoodies Jeans Shirts Shorts Sweat Shirts Sweat Suit Large Handbags

Quantity 53 289 10 4 3 9 68 18 11 55 4 536 41 1 46 28 8 15 333 816 1 9 1 10

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Mark Used Dolce & Gabbana Dolce & Gabbana Dolce & Gabbana Dooney & Bourke Dooney & Bourke Dooney & Bourke Ecko Ecko Red Ed Hardy Ed Hardy Ed Hardy Evisu Evisu Evisu Fendi Fendi Fendi FUBU Gucci Gucci Gucci Harley Davidson Kate Spade Lacoste

Description Medium Handbags Metal Labels Small Handbags Large Handbag Medium Handbags Small Handbags Shirts Shirts Hats Long-sleeved Shirt Shirts Jeans Shirts Shorts Hats Single Shoes Shirts Hats Shirts Single Shoes Wallets Hats Medium Handbags Shirts

Quantity 48 3 58 1 3 6 34 139 51 1 308 3 67 1 8 1 19 312 8 5 1 22 32 70

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Mark Used Lacoste Lacoste Louis Vuitton Louis Vuitton Louis Vuitton Louis Vuitton Louis Vuitton Louis Vuitton Louis Vuitton Louis Vuitton LRG LRG LRG LRG LRG Nike Nike Nike Nike Nike Nike Nike Nike Nike

Description Sweat Shirts Jump Suit Address Book Briefcase Jewelry Boxes Medium Address Books Medium Handbags Shirt Small Address Book Wallets Athletic Jacket Golf Shirts Hoodie Jeans Shirts Air Force Ones Air Jordans Air Max Belt Buckles Fleece Shirt Hats Shirts Shoes Visors

Quantity 4 2 1 1 2 2 59 1 1 11 1 32 1 304 33 44 34 4 7 1 75 38 4 4

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Mark Used Oakley Polo Ralph Lauren Polo Ralph Lauren Polo Ralph Lauren Prada Prada Prada Rocawear Rocawear Rocawear Rocawear Rocawear Rolex Rolex Tag Heuer Tommy Hilfiger Tommy Hilfiger True Religion Versace

Description Cloth Sunglass Cases Hat Shirts Visors Large Handbags Medium Handbags Small Handbags Belt Buckle Dog Tags Jeans Long-sleeved Shirts Shirts Oyster Boxes Watches Watch Hats Visors Jeans Shirts

Quantity 240 1 80 28 11 42 8 1 3 1 7 130 28 2 1 241 43 1 7

(End of text. Signature page attached).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION UNITED STATES OF AMERICA v. STEPHEN P. McDANIEL ) ) ) ) )

NO. 4:08CR00 18 U.S.C. § 2320(a) 18 U.S.C. § 2323(b)

A TRUE BILL.

_________________________________ FOREMAN

JANE W. DUKE United States Attorney

JANA HARRIS Assistant U.S. Attorney P. O. Box 1229 Little Rock, AR 72203 501/340-2600