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Operation Swan first confiscation order secured

Sat 07 Mar 2015
A toy wholesaler, who sold unsafe and counterfeit goods bearing well-known registered trademarks, including Disney, Ben Ten, DC Comics and Justin Beiber has been fined and had toys seized.

It was Ealing Council’s first Operation Swan confiscation order under the Proceeds of Crime Act (POCA) 2002, following a successful prosecution brought by the Ealing council.

Amrik Singh Bhatia of Dene Avenue, Hounslow, and Toys Warehouse UK Ltd of Charles House Business Centre, Southall, were sentenced at Harrow Crown Court on Monday, 16 February. Bhatia had previously pleaded guilty to a number of trademark and unsafe electrical goods offences, both as an individual and on behalf of the company as a sole director.

Toys Warehouse UK Ltd was convicted of five counts of unauthorised use of trademark and Bhatia was convicted of four counts of the same offence. They were also both convicted of six charges of possessing unsafe goods for supply at a court hearing on 5 January 2015, at which time a confiscation order was granted.

Bhatia was given a 12-month community order requiring a 12-month supervision and 60 hours’ unpaid work at the sentencing hearing, where the judge said "a fine would not be serious enough". The company was also ordered to pay a fine of £2,000, plus £5,000 towards the council’s court cost and a victim surcharge. This was in addition to the order for Bhatia to pay £15,000 under the POCA, with a total of 428 items being surrendered for confiscation from the business premises.

The prosecution was secured following a three-year investigation, Operation Swan, by Ealing Council’s trading standards team, with Brent and Harrow officers being the investigators for this case which involved a significant number of businesses located in the Charles House area.

The operation, co-ordinated by Ealing Council, was partly funded by the National Trading Standards Board, enabling Ealing officers to work with 12 other local authority trading standards services, the police, HM Revenue and Customs and other national regulatory organisations.

In February 2013, following intelligence identifying businesses in potential breach of legislation, Toys Warehouse was found in possession of hundreds of unsafe and counterfeit goods for the purpose of supply, including Disney Donald Duck dolls; Superman wall canvasses; Ben Ten drums; and Justin Beiber clocks.

Councillor Ranjit Dheer, Ealing Council’s deputy leader and cabinet member for community services and safety, said: "The sale and supply of unsafe and counterfeit goods is a serious offence, which is reflected in the severity of the sentence handed out in this case."

"I am delighted that the successful partnership work undertaken by trading standards officers has been justly rewarded with the achievement of the council’s first confiscation order for Operation Swan. I hope this sends a strong message to those who deliberately choose to flout the law, and endanger residents, that we are determined to tackle criminal activity in the borough."

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