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DANIEL G. NESSIM
Assistant United States Attorney

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Before:

THE HONORABLE BARBARA C. MOSES
United States Magistrate Ju~
Southern District of New Yo~

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MAG6658
SEALED COMPLAINT

UNITED STATES OF AMERICA
Violations of
18 u:s.c.
§§ 2320 and 2

- v. -

MIYUKI SUEN,
JIAN MJ:N HUANG,
SONGHUA QU,
KIN LUI CHEN, and
FANGRANG QU,

COUNTY OF OFFENSE:
NEW YORK

Defendants.

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x

SOUTHERN DISTRICT OF NEW YORK, ss.:
JASON PETRI, being duly sworn, deposes and says that he
is a Detective with the New York City Police Department ("NYPD"),
and charges as follows:
COUNT ONE
(Counterfeit Trafficking Conspiracy)

1.
From at least in or about January 2016, up to and
including July 2018, in the Southern District of New York and
elsewhere, MIYUKI SUEN, JIAN MIN HUANG, SONGHUA QU, KIN LUI CHEN,
and FANGRANG QU, the defendants, and others known and unknown, ,
willfully and knowingly did combine, conspire, confederate, and
agree, together and with each other, to commit an offense against
the United States, to wit, trafficking in counterfeit goods or
services, in violation of Title 18, United States Code, Section
2320 (a) (1).

2.
It was a part and an object of the conspiracy that MIYUKI
SUEN, JIAN MIN HUANG, SONGHUA QU, KIN LUI CHEN, and FANGRANG QU,
the defendants, and others known and unknown, knowingly and
1

 intentionally did traffic in goods and services, and did knowingly
use a counterfeit mark on and in connection with such goods and
services, in violation of Title 18, United States Code, Section
2320 (a) (1).
OVERT ACT

3.
In furtherance of said conspiracy and to effect the
illegal object thereof, the following overt act, among others, was
committed in the Southern District of New York and elsewhere:
a.
On or about May 16, 2018, JIAN MIN HUANG, the
defendant,
called
a
confidential
law
enforcement
source
(identified herein as "CS-1") and told him, in sum and substance,
that she would be able to sell CS-1 counterfeit Nike Air Jordan
sneakers soon.
(Title 18, United States Code, Section 2320.)
COUNT.TWO
(Trafficking in Counterfeit Goods)

4.
From at least in or about January 2016 up to and
including July 2018, in the Southern District of New York and
elsewhere, MIYUKI SUEN, JIAN MIN HUANG, SONGHUA QU, KIN LUI CHEN,
and FANGRANG QU, the defendants, knowingly and intentionally did
traffic and at'tempt to traffic in goods and services, and did
knowingly use a counterfeit mark on and in connection with such
goods and services, to wit, SUEN, SONG QU, HUANG, CHEN, and FANG
RANG QU distributed counterfeit Nike Air Jordan sneakers.
(Title 18, United States Code, Sections 2320 and 2.)
The bases for my knowledge and for the foregoing charges
are, in part, as follows:
5.
I am a Detective with the NYPD and a member of the joint
NYPD and Department of Homeland . Security, ·Homeland Security
Investigations ("HSI") Border Enforcement and Security Task Force.
I have been personally involved in the investigation of this
matter, and I· base this affidavit on that experience, on my
conversations with other law enforcement officials, and on my
examination of various reports and records. Because this affidavit
is being submitted for the limited purpose of demonstrating
probable cause, it does not include all the facts I have learned
during the course of my investigation.
Where the contents of
documents and the actions, statements, and conversations of others
2

 are reported herein, they are reported in substance and in part,
except where otherwise indicated.
Background

6.
Since approximately January 2018, NYPD and HSI have been
investigating a group of people, including, among others, MIYUKI
SUEN, JIAN MIN HUANG, SONGHUA QU, KIN LUI CHEN, and FANGRANG QU,
the defendants, who are involved in the trafficking of counterfeit
Nike Air Jordan sneakers (the scheme is referred to herein as
"Counterfeit Sneaker Ring," and the sneakers are referred to herein
as the "Counterfeit Air Jordans").
7.
Based on my training and experience, involvement in this
investigation, and review of publicly available information, I
have learned that Nike's Air Jordan line of sneakers are some of
the most popular and expensive athletic shoes in circulation. Nike
has released a different Air Jordan model almost every year since
the shoe line was first introduced in 1984. Many of these models
are known by their model number (e.g. Air Jordan XIII, the
thirteenth model in the line), but some are known by the year the
model was introduced (e.g. Air Jordan 2009, the Air Jordan model
introduced in 2009). Depending on the version, colors, and rarity,
Air Jordan sneakers can cost from approximately $100 up to the
thousands of dollars.
8.
Based on my invoivement in this investigation, I have
learned that the Counterfeit Sneaker Ring imports containers
filled with sneakers manufactured in China.
These sneakers are
produced to resemble Air Jordan sneakers in design and color, but,
significantly, are "generic" (the "Generic Air Jordans").
That
is, these sneakers are imported into the United States without the
inclusion of logos that are trademarks registered with the United
States Patent and Trademark Office ("USPTO") .
Once the Generic
Air Jordans arrive in the United States, they are altered within
the New York area to add trademarked logos to the shoes.
Once
this
alteration
takes
place,
the
shoes
are
considered
"counterfeit."
Thus, the Counterfeit Sneaker Ring arranges for
the importation of Generic Air Jordans, the addition of
UPSTOtrademarked logos and marks to Generic Air Jordans to make them
Counterfeit Air Jordans, and,
finally,
the distribution of
Counterfeit Air Jordans within the United States at a significant
profit.
9.
As described further below, on several occasions, NYPD
and HSI officers and agents (i) inspected shipping containers
carrying large quantities of Generic Air Jordans that listed a
company affiliated with the Counterfeit Sneaker Ring as the
3

 consignee (the "Counterfeiting Company"), 1 see infra <Jl'.!I 15-17, and
then {ii) surveilled the containers as they were transported from
the port in New Jersey to locations used by the Counterfeit Sneaker
Ring in Brooklyn and Queens, New York, where they were often
unloaded at the direction of KIN LUI CHEN and MIYUKI SUEN, the
defendants, ·see infra <J[<J[ 15-17.
10. Based on my traini.ng and experience, I submit there is
probable·cause to believe that the containers carrying Generic Air
Jordans were transported in and through the Southern District of
New York because it is not possible to use road vehicles to get
from New Jersey to Brooklyn and/or Queens without being present in
and crossing through the Southern District of New York.
11. As part of this investigation, the NYPD and HSI have
made use of a particular confidential source of information {"CS1"), who has purchased Counterfeit Air Jordans from the Counterfeit
Sneaker Ring, including JIAN MIN HUANG and FANGRANG QU, the
defendants. 2
12. Based on my review of shipping records maintained by
United States Customs and Border Protection {"CBP Records" and
"CBP," respectively), I have learned that the Counterfeiting
Company has been listed as the consignee on at least forty~two
containers shipped from China to the Port of Newark, New Jersey
from January 2016 through March 2018.
The CBP Records list the
contents of each of these containers as "SHOES."
13. Based on the number of Counterfeiting Company-associated
containers imported per the CBP Records as well as my my personal
inspections of some of those containers, I estimate that the
Counterfeit Sneaker Ring has imported approximately 385,280
Generic Air Jordans from China between January 2016 and March 2018.
Based on my conversations with Nike representatives, I have learned
that, if the sneakers in question were authentic Nike Air Jordans,
they would retail for $190 per pair. Accordingly, I estimate the
loss attributable to the Counterfeit Sneaker Ring is at least
approximately $73.2 million.

A consignee is the individual or entity financially responsible
for receipt of the given container (i.e. the "buyer" of the goods
in the container) .

1

CS-1 has been a law enforcement source for approximately two
years.
During that time, CS-1' s information has been deemed
reliable and has sometimes been corroborated by independent
evidence.
2

4

 Inspected Containers

The Initial Investigation
14. Based on my involvement in this investigation, including
my review of reports and conversations with other law enforcement
officers, I have learned the following:
a.
In or about June 2017, HSI received information
from a private investigative firm located in New York (the
"Investigative Firm"). The Investigative Firm is associated with
Nike and helps to identify and investigate unauthorized use of
Nike's intellectual property.
b.
The Investigative Firm learned of the containers
being shipped to the United States for the benefit of the
Counterfeiting Company and believed that the containers might
contain counterfeit Nike products. As a result, the Investigative
Firm began conducting surveillance to ascertain the individuals
involved with the Counterfeiting Company.
c.
Based on my conversations with representatives of
the Investigative Firm and my review of documents maintained by
the Investigative Firm, I have learned that the Investigative Firm
surveilled the Counterfeit Sneaker Ring on numerous occasions
beginning on or about June 12, 2017 and lasting through the period
where the NYPD and HSI investigation began.
Over the course of
this surveillance, they observed newly arrived Containers be moved
from New Jersey to two locations in Queens, New York associated
with the Counterfeit Sneaker Ring - "Location-1" and "Location2." Once the containers arrived at these locations, individuals
would remove large brown boxes bearing diamond emblems from the
containers and move those boxes into Location-1 and/or Location2.
Over the course of this surveillance, Investigative Firm
employees often observed an individual, later identified through
photographs maintained in New York Department· of Motor Vehicles
("OMV") and immigration records as KIN LUI CHEN, the defendant,
transport these diamond-printed boxes and direct others as they
unloaded the boxes.
First Inspected Container
15. Based on my personal inv·o1 vement in the inspection and
surveillance described below, as well as my conversations with
other law enforcement officers and employees of the Investigative
Firm with personal knowledge of the inspection and surveillance
described below, I have learned the following:

5

 a.
On or about January 31, 2018, along with HSI agents,
I inspected a recently arrived shipping container (the "First
Inspected Container") at a storage yard in New Jersey (the "New
Jersey Yard") .
b.
CBP Records indicated that the First Inspected
Container came from.China, that the Counterfeiting Company was the
intended consignee, and that the Container was carrying "SHOES."
c.
The inspection of the First Inspected Container
revealed that the Container held 560 large brown boxes, each
containing 16 pairs of Generic Air Jordans.
The boxes had
lettering printed on the side that included a code, for example,
"CF1701507-2" as well as a color, for example "COLOR: BLACK GREY
RED." The boxes also included a diamond design.
d.
Based on my observations during this inspection,
review of publicly available information concerning Nike Air
Jordans, and my conversations with Nike representatives,
I
understand that:
i.
The color listed on the side of each box
corresponded with the color of sneakers contained within the box.
ii.
The two digits immediately preceding the dash
in the code referenced the Air Jordan model that the Geµeric Air
Jordans in question were manufactured to resemble. For example, a
code that ended with "07" before the dash referred to Air Jordan
VII shoes, and a code that ended with "13" before the dash referred
to Air Jordan XIII shoes.
iii.
For example, the boxes referenced above in
paragraph 15(c) contained Generic Air Jordans in black, grey, and
red, which resembled the Air Jordan VII shoes.
e.
The inspection of the First Inspected Container
revealed that it held ten different styles of Generic Air Jordans.
f.
From on or about February 5, 2018 through February
6, 2018, the First Inspected Container was moved from the New
Jersey Yard to another facility in New Jersey and then on to a
storage facility in Brooklyn (the "Brooklyn Facility") .
g.
On or about February 6, 2018, the First Inspected
Container was moved from the Brooklyn Facility to Location-1. Once
the First Inspected Container arrived at Location-1, KIN LUI CHEN,
the defendant, was observed directing others in unloading the boxes
of Generic Air Jordans from the .First Inspected Container and
6

 placing them in the 19ading dock area of Location-1.
CHEN was
then observed moving a truck toward the loading dock and then
directing others to load some of the boxes containing Generic Air
Jordans into the truck until the truck was full.
Several hours
later, CHEN transported the truck full of Generic Air Jordans to
Location-2. Once CHEN arrived, he and other individuals unloaded
the boxes of Generic Air Jordans into Location-2.
Second Inspected Container
16. Based on my personal involvement in the inspection and
surveillance described below, as well as my conversations with
other law enforcement officers and employees of the Investigative
Firm with personal knowledge of the inspection and surveillance
described below, I have learned the following:
a.
On or about February 26 1 2018, along with HSI
agents, I inspected a recently arrived shipping container at the
New Jersey Yard (the "Second Inspected Containern) .
b.
CBP Records indicated that the Second Inspected
Container came from China, that the Counterfeiting Company was the
intended consignee, and that the Container was carrying "SHOEs.n
c.
The inspection of the Second Inspected Container
revealed that the Container held 560 large brown boxes, each
containing 16 pairs of Generic Air Jordans.
The boxes bore the
same diamond decal and lettering scheme observed in the boxes
inspected in the First Inspected Container (see supra CJ[ 15 (c)).
In total,
the Second Inspected Container transported nine
different styles of Generic Air Jordans.
d.
On or about March 5, 2018, the Second Inspected
Container was moved from the New Jersey Yard to the Brooklyn
Facility.
e.
On or about March 6, 2018, the Second Inspected
Container was moved from the Brooklyn Facility to a Queens location
associated with the Counterfeit Sneaker Ring ("Location-3n) . Once
the
Second
Inspected
Container
arrived
at
Location-3
an
individual, later identified through photographs maintained in
DMV, law enforcement, and immigration records as MIYUKI SUEN, the
defendant, was observed directing others as they unloaded boxes
from the Second Inspected Container into Location-3.

7

 Third Inspected

Cont~iner

17. Based on my personal involvement in the inspection and
surveillance described below, as well as my conversations with
other law enforcement officers and employees of the Investigative
Firm with personal knowledge of the inspection and surveillance
described below, I have learned the following:
a.
On or about March 8, 2018, along with HSI agents,
I inspected a recently arrived shipping container at the New Jersey
Yard (the "Third Inspected Container") .
b.
CBP Records indicated that the Third Inspected
Container came from China, that the Counterfeiting Company was the
intended consignee, and that the Container was carrying "SHOES."
c.
The inspection of the Third Inspected Container
revealed that the Container held 560 large brown boxes, each
containing 16 pairs of Generic Air Jordans.
The boxes had the
same diamond design and lettering scheme observed in the boxes
inspected in the First and Second. Insp~cted Containers (see supra
~~ 15(c),
16(c)).
In total, the Third Inspected Container
transported thirteen different styles of Generic Air Jordans.
d.
On or about March 13, 2018, the Third Inspected
Container was moved from the New Jersey Yard to the Brooklyn
Facility.
e.
On or about March 14, 2018, the Third Inspected
Container was moved from the Brooklyn Facility to Location-3. Once
the Third Inspected Container arrived at Location-3, MIYUKI SUEN,
the defendant, was observed leading the unloading of boxes from
the Third Inspected Container into Location-3.
CS-1 Buys Counterfeit Air Jordans

18. Based on my involvement in this investigation, I have
learned that, at the direction of law enforcement, CS-1 .has
purchased Counterfeit Air Jordans from the Counterfeit Sneaker
Ring at least nine times - on or about March 29, 2018; April 9,
2018; May 3, 2018; May 7, 2018; May 9, 2018; June 7, 2018; June 8,
2018; June 9, 2018; and June 28, 2018 (the "CS Buys").
a.
Based on my involvement in this investigation, I
know that on each occasion, CS-1 communicated his desire to
purchase Counterfeit Air Jordans
to
an individual,
later
identified through ppotographs maintained in OMV and immigration
records as JIAN MIN HUANG, the defendant.
8

 b.
Based on surveillance I conducted in connection
with the May. 7, 2018 CS Buy, I know that on or about May 7, 2018,
a van arrived at Location-3 and was loaded with boxes.
The van
then proceeded directly from Location-3 to the location of the CS
Buy, . where individuals unloaded five cases of Counterfeit Air
Jordans to sell to CS-1.
c.
Based on surveillance I conducted in connection
with the May 9, 2018 CS Buy, I know that on or about May 9, 2018,
a truck arrived at Location-3 and was loaded with boxes. The truck
then proceeded directly from Location-3 to the location of the CS
Buy, where individuals unloaded ten cases of Counterfeit Air
Jordans to sell to CS-1.
d.
Based on my review of a conversation between CS-1
and HUANG recorded on or about May 16, 2018, I have learned that
HUANG told CS-1 that she, along with other members of the
Counterfeit Sneaker Ring, was concerned that law enforcement was
aware of their scheme and that the co~conspirators were being
watched and/or followed.
This fear of surveillance would also
delay deliveries of Counterfeit Air Jordans by some time, possibly
a week.
HUANG also told CS.-1 that Counterfeit Air Jordans
mimicking the XIII model line could likely be expected in the next
several weeks, but that the Counterfeit Sneaker Ring could provide
Counterfeit Air Jordans resembling the XI line soon.
e.
Based on surveillance I conducted in connection
with the June 7, 2018 CS Buy, I know that on or about June 7, 2018,
I observed a van pull up to Location-3 and I watched an individual,
later identified through photographs maintained · in DMV and
immigration records as SONGHUA QU, the defendant, along with other
individuals, load the van with boxes.
The van then proceeded
directly from Location-3 to the location of the CS Buy, where the
individuals unloaded five cases of Counterfeit Air Jordans to sell
to CS-1.
f.
Based on my conversations with a representative of
Nike, I understand that Nike considers all of the Counterfeit Air
Jordans purchased by CS-1 to be counterfeit.
That is, the
Counterfeit Air Jordans from the CS Buys bear logos and marks that
are in violation of trademarks registered by Nike with the USPTO.
g.
Based on my review of the Counterfeit Air Jordans,
purchased by CS-1, I believe they are the counterfeit versions of
the Generic Air Jordans I previously observed in the Inspected
Containers, see supra~~ 15(c), 16(c), 17(c).
Specifically, the
boxes that the Counterfeit Air Jordans came in had the same diamond
decal and numbering scheme I had previously observed.
9

 Other Surveillance and Information Concerning the
Counterfeit Sneaker Ring

19. Based on a conversation I had with an individual who is
familiar with the tenants and leases at Location-2 and my review
of surveillance footage, I have learned that on or about March 23,
2018, MIYUKI SUEN, the defendant, arrived at Location-2 with
several other individuals and loaded hundreds of boxes into two
trucks.
This activity left the Counterfeit Sneaker Ring's space
at Location-2 almost entirely empty.
Based on my training and
experience, I believe that the boxes that were removed from
Location-2 contained Counterfeit Air Jordans because the boxes in
the surveillance footage were more heavily taped than the boxes I
have observed containing Generic Air Jordans.
This extra
application of tape indicates that the boxes of Generic Air Jordans
were opened, the Generic Air Jordans were manipulated to include
Counterfeit trademarks and logos, the newly Counterfeit Air
Jordans were returned to the boxes, and extra tape was applied to
.the boxes to seal them.
20. Based on surveillance I conducted, I know that on or
about June 1, 2018, on or about June 4, 2018, and on or about June
6, 2018, SONGHUA QU and an individual later identified through a
review of photographs contained in DMV, immigration, and law
enforcement records as FANGRANG QU, the defendants, were observed
at Location-3 and loading boxes from a vehicle into Location-3.
These boxes closely resembled the boxes I had previously observed
in the Inspected Containers and in connection with the CS Buys,
see supra~~ 15(c), 16(c), 17(c), 18(g).
21. Based on my communications with law enforcement who
conducted surveillance, I have learned that on or about June 13,
2018, FANGRANG QU, the defendant, arrived at a storage facility in
Queens (the nQueens Storage Facility"). Once there, F. QU loaded
several boxes into his vehicle. Like the boxes previously observed
in connection with the Counterfeit Sneaker Ring, see supra ~~
15(c), 16(c), 17(c), 18(g) 20, these boxes bore a diamond design.
22. Based on surveillance I conducted, I know that on or
about June 15, 2018, a truck pulled up to Location-3. Once there,
SONGHUA QU, the defendant, and other individuals unloaded boxes
from the truck into Location-3. Later that day, S. QU and FANGRANG
QU, the defendants, loaded additional boxes from Location-3 into
another vehicle. All of the boxes observed bore the same diamond
prints previously seen in connection with the Counterfeit Sneaker
Ring, see supra i i 15(c), 16(c), 17(c), 18(g), 20, 21.

10

 23. Based on surveillance I conducted, I know that on or
about June 21, 2018, a truck pulled up to Location-3. Once there,
SONGHUA QU, the defendant, and ·other individuals loaded boxes from
Location-3 onto the truck.
All of the boxes observed bore the
same diamond prints previously seen in connection with the
Counterfeit Sneaker Ring, see supra 11 15(c), 16(c), 17(c), lB(g),
20-22.
2 4. Based on surveillance I conducted, I know that on or
about July 13, 2018, a vehicle pulled up to Location-3.
Once
there, SONGHUA QU and FANGRANG QU, the defendants, and other
individuals loaded boxes from Location-3 into the vehicle. All of
the boxes observed bore the same diamond prints previously seen in
connection with the Counterfeit Sneaker Ring, see supra 11 15(c),
16(c), 17(c), 18(g), 20-23.
WHEREFORE, deponent respectfully requests that warrants be
issued for the arrests of MIYUKI SUEN, JIAN MIN HUANG, SONGHUA QU,
KIN LUI CHEN, and FANGRANG QU, the defendants, and that they be
imprisoned or bailed, as the case may be.

Detective
New York City Police Department

JUDGE
YORK

11