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July 8, 2003
The United States Attorney's Office for the Northern District of California announced that Lawrence Jou was sentenced yesterday to two years and nine months in prison for selling counterfeit software. The sentence was handed down by U.S. District Court Judge Claudia Wilken following a guilty plea to one count of conspiracy to infringe copyrights in violation of 18 U.S.C. § 371 and three substantive counts of copyright infringement in violation of 18 U.S.C. § 2319.
Mr. Jou, 53, of Fremont, California, was indicted by a federal grand jury on August 16, 2001. He was charged with agreeing with others to infringe, and also with three counts of infringing the copyrights of Microsoft Corporation by selling illegally reproduced Microsoft software. Mr. Jou admitted that doing business through Ampower Technology Corporation and Easteam International, two Fremont firms, he provided Microsoft software at prices below retail market prices. He admitted to obtaining illegally copied Microsoft software, as well as labels, certificates of authenticity, manuals and licensing agreements which were counterfeit or stolen. He then packaged or caused to be packaged these materials with the illegally reproduced software for distribution. In this manner, he deliberately made it appear as if the illegally copied software was legitimate Microsoft software when, in fact, it was not.
In imposing sentence, the Court found that the defendant had sold over $942,000 in illegally replicated software, and that Mr. Jou had supervised others in his criminal enterprise. The Court adopted the United States' recommendation that the defendant receive a prison sentence of 33 months, the high end of the applicable Sentencing Guidelines. Judge Wilken denied the defendant's motion for a downward departure from the Sentencing Guidelines.
The prosecution is the result of an investigation by agents of the Rapid Enforcement Allied Computer Team (REACT) Task Force, a multi agency task force comprised of local, state and federal agencies which investigates computer related crimes. The prosecution is the result of a three month investigation by REACT Task Force. Mark N. Zanides is the Assistant U.S. Attorney who prosecuted the case with the assistance of Tom Moulder.
A copy of this press release and related court documents may be found on the U.S. Attorney's Office's website at www.usdoj.gov/usao/can.
All press inquiries to the U.S. Attorney's Office should be directed to Assistant U.S. Attorney Matthew J. Jacobs at (415)436-7181.
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