The U.S. Court of Appeals for the Second Circuit had upheld the conviction
of a man who sold $20 million worth of counterfeit wine by mixing
lower-priced wines and pouring them into the bottles of more expensive
wines. USA v. Kurniawan, No. 14-2928 (2nd Cir., order entered
December 22, 2015). The man challenged the search of his home on
Fourth Amendment grounds, arguing that the evidence police found
should have been inadmissible. The appeals court disagreed, finding that
although the warrantless protective sweep had been illegal, the police
affidavit provided enough additional evidence beyond what was found
during the protective sweep to support issuing the warrant. Accordingly,
the court affirmed a lower court’s judgment that the man must serve 10
years in prison and pay $28 million in restitution along with $20 million
in forfeiture.

 

Issue 589

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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