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  • Aug 17, 2008, 11:33 AM
    barry franks
    Can I sue for Defamation of Character and Libel
    I am involved in a case that the newspaper reported falsehoods and lies that are not even part of the case and they can not prove. Here is the aritcle... and they have lost any and all evidance in the case.

    Bear Paw man arrested on counterfeit charges
    Items reportedly linked to China

    | Text Size |


    Friday, February 1, 2008 1:42 PM CST

    Robert Barry Franks
    A Bear Paw man was arrested on Jan. 25 and $275,000 worth of counterfeit items were seized in an investigation connected to Chinese nationals bringing in goods from China, Cherokee County Sheriff's Office Investigator Roger Williams said.

    Robert Barry Franks, 60, was arrested on indictments issued by the January Cherokee County Grand Jury.

    Investigators became aware of Franks in May 2006 while investigating a complaint made concerning an individual selling counterfeit items such as sunglasses, purses and hats with counterfeit brand names at a flea market in Ranger, Williams said. Following up on this information, more than $225,000 in counterfeit goods were seized at Franks' Bear Paw residence and $50,000 in counterfeit goods were taken from a vehicle and a storage shed owned by Franks.

    Williams said Franks was selling throughout Cherokee County, taking orders and delivering counterfeit goods. He also was allegedly selling the illegal items on e-Bay. He also reportedly accepted an order for an engine over e-Bay, took the money but didn't deliver the product.

    One item Franks sold was sunglasses with the Oakley brand name. The sunglasses were imported from China for pennies on the dollar, Williams said. A brand name almost identical to the Oakley brand was placed on the sunglasses.

    "These sunglasses fall apart after awhile," Williams said.

    Another item being sold was gauge wire, which isn't as thick as underwriters require. This could result in a home burning down, Williams said. Purses with bogus Louis Vuitton brands also were sold.

    Information provided by Franks led to his connection with Chinese nationals who were living in New York state and importing the counterfeit goods from mainland China to be sold in the United States, Williams said.

    "This information was instrumental not only leading to the arrest of several Chinese nationals and the confiscation of over $55.5 million in counterfeit goods, but it also resulted in the seizure of several homes and bank accounts that belonged to the Chinese nationals, all of which had been funded with the proceeds of the illegal sale of the counterfeit goods," Williams said.

    Additional information has identified Franks' involvement in illegal arms transactions, Williams said. He said that money derived from counterfeit goods has been used to fund terrorists. The bombing of the World Trade Center in 1993 was funded by the illegal sale of T-shirts.

    Franks was charged with counterfeit trademark and obtaining property by false pretenses. He was released from jail Friday on a $7,000 unsecured bond.

    The charges stemmed from a joint investigation led by the Cherokee County Sheriff's Office, the N.C. Anti-Counterfeiting Task Force and U.S. Customs and Border Protection agents.

    The investigation is continuing and may involve more people.

    U.S. Customs and Border Protection reported in 2002 that counterfeit goods brought into this country in one year cost American businesses an estimated $200 billion in revenue and the loss of around 750,000 jobs. Customs counterfeit-related seizures rose 125 percent between 2000 and 2005, and with new enforcement tools they rose 80 percent in the 2006 fiscal year. Since the early 1990s, counterfeit trade is estimated to have grown eight times faster than legitimate trade.

    Bear Paw man arrested on counterfeit charges - The Cherokee Scout - Cherokee County, N.C.'s local newspaper - Breaking News
  • Aug 17, 2008, 11:46 AM
    Fr_Chuck
    If these things did not happen, if they were not arrested, if there was not a grand jury and no indictments, but you did not say what about this was false and what was true.
  • Aug 17, 2008, 03:48 PM
    barry franks
    Quote:

    Originally Posted by Fr_Chuck
    If these things did not happen, if they were not arrested, if there was not a grand jury and no indictments, but you did not say what about this was false and what was true.


    This is a small town cop Roger Williams who is stating all the above.

    Mr Franks was indicted by a magitrate NO grand jury.

    The only truth to the whole article was that Mr Franks was arrested the charges are as follows.

    ****they have lost the evidence
    0037 08 CRS 000049 FRANKS,ROBERT,BARRY
    TB: 010708 BOND: $4,000 UNS (F)COUNTERFEIT TRADEMARK
    WILLIAMS,R SFF CLS: P: L: PLEA: VER: JUDGMENT:


    *****This is an eBay item still sitting in my yard not picked up to date.
    TB: 010708 BOND: $1 SEC (F)OBTAIN PROPERTY FALSE PRETENSE
    WILLIAMS,R SFF CLS:H P: L: PLEA: VER: JUDGMENT: SUPERIOR COURT/CRIMINAL
  • Aug 17, 2008, 03:58 PM
    barry franks
    Quote:

    Originally Posted by Fr_Chuck
    If these things did not happen, if they were not arrested, if there was not a grand jury and no indictments, but you did not say what about this was false and what was true.


    There was NO involvement in illegal arms transaction.
    There was NOT $275,000 worth of counterfeit items seized (which are now lost and no itemized list or signure by Mr Franks.
    There are NO Chinese nationals.
    There was NO gauge wire, which isn't as thick as underwriters require. This could result in a home burning down, Williams said.
    This never happene,d leading to the arrest of several Chinese nationals and the confiscation of over $55.5 million in counterfeit goods,
  • Aug 17, 2008, 06:10 PM
    michealb
    The question is what did you loose because of the newspapers article. If you can't prove loss because of the mistake your not going to get any money from the newspaper.
  • Aug 17, 2008, 06:46 PM
    barry franks
    Quote:

    Originally Posted by michealb
    The question is what did you loose because of the newspapers article. If you can't prove loss because of the mistake your not going to get any money from the newspaper.


    We lost personal prophety they took form us without an inventory list and now can't find any of it. By the newspaper article a total of about $255,000.00

    Very small town I can't go to town without someone asking about the case.

    We sell novelties to convience stores. The cop had a home shopping day on my prophety. When we went to the sheriff for items to be returned or a list of items then came the arrest.

    We are not the only ones this has happened to, I can give you a list of people. Small town Murphy NC
  • Aug 17, 2008, 06:50 PM
    barry franks
    Quote:

    Originally Posted by michealb
    The question is what did you loose because of the newspapers article. If you can't prove loss because of the mistake your not going to get any money from the newspaper.


    Don't they a tleast have to retract what they said that is untrue?

    This is home of Eric Rudolph some of these cops think they are going to be the next hero.
  • Aug 17, 2008, 06:52 PM
    ScottGem
    Bottom lline is consult an attorney. Probably won't cost anything for a consultation. But if a newpaper posted facts without checking them, then you have grounds for a suit.

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