US man indicted in another counterfeit airbag case

A Memphis, Tennessee man has been charged with trafficking thousands of counterfeit airbags from China which could place the public at risk of serious injury.

Mohammed Al-Abadi (51) has been indicted and arrested on one count of trafficking in counterfeit goods and one count of causing the criminal transportation of hazardous materials by air carrier in connection with the allegations.

If convicted, he could face up to 10 years imprisonment and a fine of $2 million in connection with the trafficking offence, and up to five years’ imprisonment and a fine of $250,000 for the criminal transportation.

Both charges carry a period of up to three years’ supervision following release, according to a statement on the case from US Immigration and Customs Enforcement (ICE). Federal cases can be brought when counterfeit airbag equipment involves trademark infringement, for example when they carry a vehicle manufacturer’s logo. There is no parole in the federal system.

According to the court documents, between October 2019 and January 2021 Al-Abadi imported counterfeit motor vehicle airbag parts from China, assembled them, and sold them on eBay to unsuspecting automobile repair shops and individual customers.

Federal agents recovered more than 2,000 counterfeit airbags and parts from the defendant’s residence and place of business. Counterfeit airbags are not regulated or tested to ensure they meet federal safety standards.

For example, upon deployment of an airbag in a crash, fakes can shatter, sending shrapnel into a vehicle’s passenger compartment.

In addition, airbags are considered a Class 9 explosive under federal law, and this classification requires that they be shipped with precautions, such as grounding straps to avoid any static electricity that may activate them in transit. Those measures increase the cost of shipping and of course will be ignored by those trying to bring counterfeit devices in undetected.

By law, it is a crime for anyone to sell or offer for sale a device intended to replace a motor vehicle air bag if the seller knows or reasonably should know that it does not meet federal safety standards.

“The alleged actions of the defendant have placed unsuspecting motorists and the general public in harm’s way,” said US Attorney Kevin Ritz.

“Vehicle airbags are subject to strict quality standards which must be followed to ensure passenger safety. The defendant’s alleged actions undermined the efforts of the automobile industry and regulatory bodies to keep the public safe.”

In 2019, federal prosecutors in Oregon filed charges against a man who sold counterfeit airbags on eBay, and he received six months in prison.