A GILWERN woman has narrowly escaped going to prison for possessing and selling counterfeit make up brands on the internet auction site ebay.

Leanne Wertheim, aged 24 of Dan-y-Bryn appeared at Cardiff Crown Court on Tuesday for sentencing, having already pleaded guilty to five charges under the Trades Mark Act 1994.

The prosecution follows an investigation carried out by Powys Trading Standards during 2011.

Lee Reynolds prosecuting told the court that Powys Trading Standards had carried out two test purchases from an account called Summerban that they believed to be operating in their area.

Mr Reynolds said: "Their suspicions were aroused when the prices being charged did not equal the value of the goods. She was selling a 'Benefit' styled Blush Bronzer for £3.99 when the real item costs between £15 and £20. Likewise a 'Mac Kabuki' styled foundation brush was selling on her site for £4.99 when it should be around £30."

These items were sent to an address used by Trading Standards in Llandrindod Wells and forwarded to the trade mark holders for analysis.

Mr Reynolds added: "The items were examined in detail and were deemed as counterfeit.

"The investigation revealed that Wertheim had sold 1,450 units through her ebay account for the sum of £23,500. Wertheim's other e-bay accounts that included Skybuy100, Bellaflyaway and Bella Bonkerz amounted to an additional £1,500."

On the strength of this information, Powys Trading Standards obtained a warrant to search her Gilwern home and discovered a further 770 items which were also found to be counterfeit.

Of the products sent for analysis, a counterfeit Max Factor Mascara was found to contain 68 mg/kg of lead, the legal level being 20 mg/kg.

Mr Reynolds told the court that other samples also contained high levels of lead and added: "These counterfeits were three times over the permitted legal levels and it seems one of her ebay customers was also unhappy as the feedback on her transactions, while mainly positive, included a customer in April 2010 complaining that she was very disappointed her purchase was a fake.

"But in her response Wertheim replied 'That's sad as I thought it was a genuine item'.

"In her subsequent interviews Wertheim said that she obtained her goods from D H Gate, a company renowned for selling goods from Chinese sources."

Defending Rebecca Griffiths said that Wertheim accepted responsibility for her actions adding: "She was very naïve and regrets her actions and she is very remorseful. She has had a year with the threat of a custodial sentence looming over her. She has been suspended from her job as a care worker at Llanarth Court Hospital pending the outcome of this case.

"She is of modest means with a debt owing to Revenue and Customs of some £4,000."

Judge Stephen Hopkins QC said: "This is a large scale operation with a turnover in excess of £25,000. Although you pleaded not guilty to this charge some of the items had very high levels of lead. You gave no thought to the wellbeing of your customers and you even denied that it was fake in response to an ebay feedback message.

"I find it strange that you did't think it was unusual when you were dealing with the supplier D H Gate that it didn't strike you if something is too good to be true it probably is and in this case the reason was because it was fake.

"I don't consider you to be naïve, you were set on making money for yourself.

"This is a case in which I have only one question. I have to consider whether or not to impose a custodial sentence on you. I've been considering this and I have come to the conclusion that I can just about suspend any sentence because of your previous character and your early guilty pleas.

"I sentence you to eight months in prison, suspended for two years and in addition you will do 160 hours of work in the community."

Wertheim was also told to pay £2,000 towards the prosecution costs of £5,280.

Judge Hopkins ordered the forfeiture and destruction of the 770 items of suspect counterfeit cosmetic products and equipment taken from her home which if they had been sold at similar prices on her ebay account could have netted Wertheim an additional £15,000.