FLEOA Supports H.R. 3668 and S. 1886

A similar letter was also sent to the Senate.

Dear Representative Meehan and Representative Sanchez:

As the Federal Law Enforcement Officers Association (FLEOA) National Vice President for Legislative Affairs, I am expressing the strong support of FLEOAs membership, which numbers in excess of 26,000 members, for H.R. 3668, the Counterfeit Drug Penalty Enhancement Act. This act would increase penalties for trafficking counterfeit drugs to reflect the severity of the crime and the harm to the public.

FLEOA believes that this legislation is integral in protecting the American public from dangerous and uninspected drugs. Our law enforcement membership fully supports your efforts that will give teeth to the crime of counterfeiting and selling these type of drugs. The Counterfeit Drug Penalty Enhancement Act will target violators that knowingly manufacture, sell or traffic counterfeit medicines to the United States.

Current law prohibits trafficking in counterfeit goods. This statute is primarily concerned with goods that are trafficking using counterfeit marks or labeling. However, counterfeit drugs are more serious. Counterfeit drugs present a real health risk to consumers, not merely a financial loss to the manufacturer or mark holder. While current law technically includes counterfeit drugs, the law does not expressly prohibit trafficking in counterfeit drugs and carries a maximum penalty of only 10 years.

Even with a 10 year maximum penalty, the actual sentences imposed under the existing counterfeit goods statute are dramatically lower. According to the U.S. Sentencing Commission, between FY 2006 and FY 2010, there were 385 federal prosecutions for counterfeit goods (18 U.S.C. ยง 2320). The median sentence was 17 months; the mean sentence was only 10 months.

On behalf of the membership of the Federal Law Enforcement Officers Association, I thank you for your combined efforts to continue to protect our citizens and to insure that those who prey on the most needy are adequately punished. Please do not hesitate to contact me if I can provide you with any additional information or assistance.


Frank Terreri
Federal Law Enforcement Officers Association (FLEOA)
National Vice President for Legislative Affairs