A taxi driver who sold counterfeit accessories and potentially dangerous cosmetics imported from China on eBay has been ordered to pay back £130,000.
Sean Payter, 54, and his co-defendant Stefan Hodgson, 57, made more than £40,000 through their website gems2gems45. But the products they sold, including lipstick and eye shadow, failed safety tests having contained too much lead and other substances.
A Proceeds of Crime Act (POCA) hearing at Cardiff Crown Court saw Payter ordered to pay back £130,000, the total benefit figure, within three months or serve 12 months imprisonment in default.
The court previously heard the Assay office – which hallmarks silver, gold and platinum – told Trading Standards of concerns about the defendants’ products. Analysis showed the items were mass-produced and not handmade as stated online.
Lipsticks advertised as “organic” failed a safety test due to the levels of heavy metals, including lead, they contained.
A pair of gold Jaguar cuff links and a black leather belt with a silver Bentley buckle were sold using the trademarks without consent.
Mr Reynolds said there were complaints from “disgruntled customers” but refunds were not given.
Following his arrest Payter said they bought the items from a Chinese website called Ali Express and copied the product descriptions without thinking to check whether they were correct or complied with UK and EU laws.
He said things got “out of control” and claimed they did not make any profit, adding he invested £7,000 of his own money to try and make it work.
But they had more than 3,000 items listed, 92,000 items described as “available”, and made more than £42,000 through sales.
Payter, of St David's Crescent, Penarth, and Hodgson, of Park Drive, Newport, were each given a 14-month jail term, suspended for 18 months, and ordered to pay a £140 victim surcharge, on July 31, 2019.
Following the POCA hearing Eddie Williams, Vale of Glamorgan council cabinet member for legal, regulatory, and planning services, said: “This was a despicable operation that took money from members of the public for items that were not what they purported to be.
"Great work by Shared Regulatory Services has led to this prosecution, which ensures that no more people will fall victim to this company.
“I welcome the significant sum Mr Payter has been told to repay, which reflects the amount of money he made from the operation.
“This case should serve as a warning to others operating illegally within our community. The council will actively look to protect our residents and will not hesitate to take action if we find people are not operating within the parameters of the law.”
