Cedar Rapids man sentenced to probation for pirating music CDs, movie DVDs  

CEDAR RAPIDS - A Cedar Rapids man will pay over $11,000 in restitution for selling counterfeit movie DVDS, but he received a rare break from a federal judge who went below sentencing guidelines to grant him probation.

U.S. District Chief Judge Linda Reade told Steven L. Brown if he checked her record he would see she doesn't usually give probation when the guideline calls for a prison term but he is a 'good risk.” She sentenced him to five years probation.

Brown, 45, pleaded guilty in August to one count of copyright infringement. He illegally copied and distributed movies and music worth over $25,000, the complaint states. During the plea hearing, Brown admitted to producing and selling 1,510 pirated DVDS and 492 pirated music CDs between December 2012 and February 2013.

Brown, who sold the counterfeit items from his store, Harlem Wear International, 1506 First Ave. NE., apologized to the movie and music industry and his family, saying he never intended to break any laws.

John Jacobsen, Brown's lawyer, asked the judge to go below the sentencing guidelines of a year in prison to give Brown probation, saying he has been successful on pretrial release and was a low risk to reoffend. Jacobsen said Brown operates a business that serves an unmet need for the African-American community. The store sells items not found in other area stores such as 'urban” style clothing, a sentencing document states.

Jacobsen also pointed out that Brown had two pending offenses in New York for attempting to use public transportation without paying, and he went to New York to settle those fines and returned to Iowa while on pretrial release.

Assistant U.S. Attorney Anthony Morfitt asked the court to stay within the guideline range of 12-18 months in prison and asked the court to order $11,677 in restitution to 352 victims.

An exhibit submitted to the court shows the victims will receive $8.74 for each pirated movie DVD. The victims include many known movie companies such as LUCASFILMS LTD, Walt Disney, Sony and DreamWorks.

Morfitt said in a sentencing document that because of the volume of music CDs copied, it was impossible to estimate the loss. There were numerous potential victims and identifying the current copyright holder of each song is nearly impossible. Morfitt asked the court to waive restitution on those.

Reade said granting Brown probation didn't diminish the seriousness of this offense, but Brown was 'an exception.” He doesn't have much of a criminal history - he had one drug offense, for which he received probation. His performance under supervision also has been successful. And she noted Brown had already paid $1,080 of his restitution.

'I'm betting that he won't be back (in court),” she said.