Thursday, July 11, 2013

Examples of Outrageous Federal Prosecutions

Krister Evertson,  told Congress, “What I have experienced in these past years is something that should scare you and all Americans.” He’s right. Evertson, a small-time entrepreneur and inventor, faced two separate federal prosecutions stemming from his work trying to develop clean-energy fuel cells.

The feds prosecuted Mr. Evertson the first time for failing to put a federally mandated sticker on an otherwise lawful UPS package in which he shipped some of his supplies. A jury acquitted him, so the feds brought new charges. This time they claimed he technically had “abandoned” his fuel-cell materials - something he had no intention of doing - while defending himself against the first charges. Mr. Evertson, too, spent almost two years in federal prison.

The six agents, wearing SWAT gear and carrying weapons, were with the U.S. Fish and Wildlife Service raid the home of Kathy and George Norris.  They lived under the specter of a covert government investigation for almost six months before the government unsealed a secret indictment and revealed why the Fish and Wildlife Service had treated their family home as if it were a training base for suspected terrorists. Orchids. 

By March 2004, federal prosecutors were well on their way to turning 66-year-old retiree George Norris into an inmate in a federal penitentiary - based on his home-based business of cultivating, importing and selling orchids.

Mrs. Norris testified before the House Judiciary subcommittee on crime this summer. The hearing’s topic: the rapid and dangerous expansion of federal criminal law, an expansion that is often unprincipled and highly partisan.

The Heritage Foundation recently wrote about overly broad criminal prosecution under the Lacey Act. Heritage cites an example where a small business owner spent six and a half years in confinement because he used plastic instead of cardboard to wrap fish, which federal prosecutors determined violated Honduran law. (The Honduran government said otherwise).

The most recent case that brought problems with the Lacey Act into the fore was the August 24 raid on Gibson Guitar’s Nashville and Memphis factories by armed federal agents. The Department of Justice seized 10,000 fingerboards, 700 guitar necks and 80 guitars as part of an investigation into whether the company had illegally imported ebony from India. All told, this raid has cost Gibson over $1 million and charges have yet to be brought against the company.

(Courtesy of Property Rights Alliance)

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