3 April 2009
On Tuesday, 31 March 2009 the Johannesburg office of the Asset Forfeiture
Unit (AFU), with the assistance of the South African Police Service (SAPS),
obtained a forfeiture order in respect of a house in Cyrildene, Johannesburg.
The house was used to manufacture and copy DVDs and CDs in a large
counterfeiting operation. The property was significantly adapted to conduct the
operation.
Police responded to a complaint by a group of popular local musicians, on 3
April 2007, that counterfeit copies of their CDs, DVDs and cassettes were
illegally manufactured on the property. Members of the South African Police
Service (SAPS) investigated and found thousands of counterfeit CDs, DVDs and
cassettes in and around the house, as well as a vast number of computers,
printers, DVD, CD and cassette writers. A thorough search of the house revealed
deliberately concealed trap doors that led to the ceiling area and a recently
constructed basement.
The owner of the house, R Chen, claimed that she was an innocent owner who
had leased her property and was unaware of the criminal activities taking place
on the property. The court rejected her version and held that it was improbable
for her not to have suspected that illegal activities were conducted on her
premises. The judge commented that ordinary law enforcement efforts were
insufficient to deal with certain crimes and there was a need for stronger
measures, such as asset forfeiture, to supplement these measures. He stated
that steps were necessary to combat these types of crimes.
The thousands of CDs, DVDs and cassettes that were seized at the house have
an estimated value of R1,1 million, according to the Recording Industry of
South Africa (RISA). According to experts from RISA, such cases result in the
loss of millions of rands to the recording and film industry, local artists and
ultimately impacts negatively on our economy at large, as there is a threat to
international investment.
Manufacturing and trading in counterfeit goods has, in the past, been linked
to organised crime syndicates who use the funds derived from these activities
to further other particularly serious crimes on an organised scale.
A clear message is that property used to commit crime will be forfeited and
that owners must exercise vigilance in order to prevent the use of their
property in criminal activities. South African law enforcement agencies are
making inroads in combating acts of counterfeiting. With the impending FIFA
world cup, criminal syndicates will employ various measures to criminally
enrich themselves through trading in counterfeit products they will find our
agencies operating with heightened alertness where counterfeiting will not be
tolerated.
Enquiries:
Tlali Tlali
Cell: 082 333 3880
Issued by: National Prosecuting Authority
3 April 2009
