In the cases I am describing, we're talking about retailers who were aware they were selling counterfeit or pirated products. However, it does happen that--without naming any particular retailers--they will have a line of counterfeit designer clothing on their shelves, and usually the presence of those counterfeit goods will be spotted by the company responsible for the distribution of that particular line of clothing. Those goods will be taken off the shelf and there will be a settlement between the rights holder and the retailer that does not involve any kind of criminal prosecution.
On March 27th, 2007. See this statement in context.