Sentencing luxury: The valuation debate in sentencing traffickers of counterfeit luxury goods

Abstract

This Note examines the contentious debate that exists regarding the property valuation used by the U.S. Sentencing Guidelines with regard to counterfeiting. Currently, the Sentencing Guidelines employ "street value." However, many scholars and organizations argue that the alternative use of "retail value" will best assess the harm to the intellectual property owner as well as combat the growing problem of counterfeiting. This Note suggests that amending the Sentencing Guidelines, in order to allow for application of "retail value," will best combat a growing national and international problem posed by the counterfeit luxury goods market.