WHAT: Counterfeit DVDS arrestsVICTIM: Motion Picture Association of America
CRIME LOCATION: Midnight Video, 4917 Rattlesnake Hammock Road, East Naples
ARRESTED: Yoandry Ponce 26, 164 Morse Plaza, Fort Myers
ARRESTED: Lida Castillo, 29, 164 Morse Plaza, Fort Myers
WHEN: Thursday, July 10, 2008
CHARGE: Passing counterfeit audio visual articles
SUMMARY: Ponce and Castillo, the store owners, were arrested on felony charges after CCSO deputies say they found thousands of counterfeit DVDS of major motion pictures, including new releases such as "Get Smart" and "Kung Fu Panda" and yet-to-be-released titles, in the store that were being sold to customers.
Arrest reports gave this account:
CCSO deputies learned in early July that the store was possibly selling counterfeit DVDs.
Deputies also learned the store also might have a book with a list of motion pictures not yet released to the public because they could not be displayed in plain view. Customers could choose an unreleased title from the book for purchase and the owners would get a copy of it from the back of the store.
On Wednesday, a field investigator for the Motion Picture Association of America trained to identify counterfeit DVDs, assisting CCSO in its investigation, went to the store posing as a customer.
The investigator told Ponce that she wanted to see "the book." Ponce gave her a book which contained "Get Smart," "Kung Fu Panda," "Iron Man," "Wanted," and other movie titles not yet released to the public.
The investigator asked to purchase "Get Smart." Ponce told her to come back because he did not have a "clear copy," but expected to have one soon.
The investigator returned to the store Thursday and asked to buy "Get Smart." Ponce retrieved a DVD from behind the counter and gave it to her. The DVD was in a clear white DVD envelope labeled "Get Smart."
Ponce told her the DVD cost $5. The investigator paid with a $5 bill and no tax was charged. She left the store. The investigator later determined the DVD was counterfeit.
Detectives with CCSO's Economic Crimes Unit then went to the store and placed Ponce under arrest. In plain sight were around 250 counterfeit DVDs in plain white envelopes similar to the one purchased by the MPAA investigator.
Detectives also found approximately 14,100 counterfeit DVDs in cases in the back of the store.
Detectives also made contact with Castillo on Thursday who told them that Ponce is her "domestic partner" and that they have owned the store for four years. She said she was unaware of counterfeit DVDs being sold at the store. She was placed under arrest.
