Man who sold counterfeit luxury goods with an estimated street value of €36,000 to be assessed for community service

By Eimear Dodd

A man who pleaded guilty to offering to sell counterfeit luxury goods with an estimated value of over €36,000 is to be assessed for community service.

Alan Swan (52) of Donard Road, Drimnagh pleaded guilty to eight counts of the unauthorised use of trademarks including Adidas, Nike, Ugg, and Hugo Boss on December 21, 2015 and December 19, 2017 at Liberty Market.

He has 13 previous convictions for the unauthorised use of trademarks.

At Dublin Circuit Criminal Court today, Judge Orla Crowe said this was an “unusual case” and she directed the Probation Service to prepare a report to assess the defendant’s suitability for community service.

The court heard that gardai carried out an operation at the market after receiving confidential information about the suspected sale of counterfeit goods.

During this operation, a member of An Garda Siochana paid for suspected counterfeit items including €30 for a pair of Ugg boots at one stall and €50 at another stall for two tracksuits, including an Adidas one.

Sergeant Brian Quinn gave evidence that gardai then obtained a search warrant for four stalls operated by Swan and carried out a search on December 21, 2015.

Counterfeit Ugg, Adidas and Under Armour items were seized, with a street market value of €20,000.

Detective Garda Alan Gordon of the National Bureau of Criminal Investigation also gave evidence that gardai carried out a search of five stalls at Liberty Market on December 19, 2017.

A large quantity of counterfeit Adidas, Nike and Hugo including sportswear, footwear and outerwear were seized.

These goods had a street market value of €16,300.

All the goods seized by gardai were inspected and confirmed to be counterfeit by brand protection managers for the relevant companies.

The items have been held in secure storage, at a cost of €50,000 to Adidas.

The court heard that Swan was later interviewed under caution in 2018 in relation to events in 2015.

Swan confirmed that he rented several stalls where some branded items were sold.

Swan denied knowing the items were counterfeit and told gardai he bought goods to sell from the internet and from people closing other shops.

Det Gda Gordon told the court that he asked to speak with Swan in 2019 about the search carried out in 2017.

During a cautioned interview, Swan admitted to selling items, which he said he had purchased online or in Manchester.

Swan told gardai he didn’t know or inquire into the authenticity of the goods.

Sgt Quinn agreed with John Gallagher BL, defending, that his client declined an offer to have a solicitor present during the 2018 interview, during which he admitted he was the proprietor of these stalls.

The witness accepted a suggestion made by defence counsel that the victims in this case were the copyright holders, rather than the people who bought the goods.

The sergeant also agreed with defence counsel that the guilty pleas were of value to the prosecution.

Det Gordon agreed with Mr Gallagher that his client was cooperative and took responsibility for the goods.

Mr Gallagher asked the court to treat his client’s previous convictions at the District Court as a single conviction as they relate to one offence date.

Swan has two adult children and cares for his grandchildren.

Mr Gallagher said his client is a hard-working man, but his propensity for work had been misdirected.

Swan has applied for a taxi licence and also has some temporary work.

A number of references were handed into the court on behalf of Swan, who is also involved in community work.

Mr Gallagher asked the court for as much leniency as possible for his client.

Judge Crowe said the court is “minded” to impose a community service order, but this would be subject to the assessment of Swan’s suitability.

The case was adjourned to July 7 for finalisation.