BROTHER OF 1960S RADICAL FACES LEGAL WOES
Author(s): Shelley Murphy, Globe Staff Date: January 29, 2006 Page: B3 Section: Metro/Region
But the 66-year-old writer and businessman said he's worried about his reputation now, as he is poised to plead guilty to a federal crime.
His offense: selling fake Gucci, Louis Vuitton, Kate Spade, and Coach bags at a Mashpee flea market. "I'm guilty, I don't deny it and I don't want to diminish it either," said Hoffman, of Framingham, who has agreed to plead guilty in US District Court in Boston to one count of trafficking in counterfeit goods.
But, he added, "emotionally this is a really tough thing for me. Show me one person who ever felt they got ripped off by me. I never did that. . . . I never knowingly deceived anyone."
US Attorney Michael J. Sullivan's office filed the criminal charge Jan. 20, alleging that Hoffman was trying to sell some 200 counterfeit bags at the Mashpee flea market in August 2001 and had stored another 750 fake bags at his house in July 2002.
Prosecutors estimated the value of the bags, which also included copies of Prada, Hermes, and Burberry, at $38,000. But, Hoffman's lawyer says they were worth less than $30,000.
Boston attorney E. Peter Parker, who represents Hoffman, said his client thought he was complying with federal trademark infringement laws because he had tucked a card inside each bag that made it clear customers were buying a replica designer bag.
While the counterfeit bags generally sell for $10 to $40 each, genuine designer purses can cost from $200 to more than $1,000 apiece.
"Jack did not pass off fake handbags as the real thing or deceive purchasers in any way," said Parker. He added, however, that Hoffman later learned from federal authorities that his understanding of the law was wrong.
The law prohibits anyone from selling a product that bears a trademark that belongs to someone else. Even if the buyer knows the bag is fake, others could be confused by the trademark.
"He was wrong and he is prepared to accept full responsibility for his conduct by pleading guilty to selling counterfeit items," Parker said. Still, Parker criticized the government for devoting federal resources to prosecute a case like Hoffman's in federal court.
"You would think federal prosecutors would have something more important to do than kowtow to foreign fashion companies and their private investigators for less than $30,000 worth of merchandise," Parker said.
Sullivan's chief of staff, Robert Krekorian, wouldn't comment on the details of Hoffman's case or respond to Parker's criticism, but said, "The sale of counterfeit goods is damaging to legitimate businesses and hard-working Americans."
In November, after three Chelsea sisters were charged in a case involving the seizure of more than 46,000 counterfeit bags and wallets estimated to be worth $1.4 million, Sullivan said his office will continue to go after such cases.
No date has been set for Hoffman's appearance in court. Parker said he'll urge a judge to sentence Hoffman to probation.
Hoffman was sued by Rolex Watch USA in 1988 for trademark infringement, but Parker said the case was resolved with an agreement by Hoffman that he wouldn't sell replica Rolex watches.
In recent years, Hoffman has had some success as a writer. He wrote a biography about his famous brother, "Run, Run, Run: The Lives of Abbie Hoffman," which was published in 1994 and co-authored by David Simon.
Abbie Hoffman, a leader of the anti-Vietnam War movement and founder of the Youth International Party, better known as the Yippies, was one of eight radicals the infamous Chicago Eight who went to trial in 1968 on charges that they tried to disrupt the Democratic National Convention. He committed suicide in 1989.
Jack Hoffman, who is married with two children, said he had never been charged with a crime before and was shaken by the fact that he'll now have a federal criminal record for selling counterfeit purses. "I'm a criminal for this," he said.