jphripjah

I thought this story was interesting:

http://www.wusa9.com/story/news/loca...port/77326380/

How did they conclude he was "unwittingly" smuggling the drugs? Did they take his word for it?

If smugglers who are caught red handed just refuse to talk to law enforcement or say that they didn't know what they were carrying, are they released for lack of evidence? Does CBP need drugs PLUS a confession "I knew I was carrying drugs" in order to prosecute?

GUWonder

Perhaps the prosecution case becomes weaker when dealing with registered couriers of goods for which someone else has claimed legal responsibility for customs declaration and filled out the customs declaration paperwork?

Are DHL, UPS and FedEx also not criminally responsible if they are duped into transporting contraband under a customer's false declaration?

Section 107

Prosecution doesn't become weaker - it is simply not a prosecutable offense.

Under the Controlled Substances Act and similar laws (Food & Drug & Cosmetics Act) a common or contract carrier is not liable for delivery or storage of controlled substances unless it knowingly participated in violations (and some other niceties I don't recall right now). That knowingly is a pretty high burden.

However, In 2013 DoJ claimed UPS and FedEx knowingly participated with mail order pharmacies. They got UPS to pay $40m to get avoid a variety of potential charges for mail order prescription trafficking conspiracy. FedEx had more backbone and refused to be intimidated. So they were indicted on something like 20 charges including money laundering; their fight continues because they face about $2,000 million in fines, penalties, forfeitures, etc.

chucko

But he's barred for five years for insufficient curiosity about the load he was accompanying.

jphripjah

I tried to edit the post to say "not charged" rather than "not arrested." It appears he was arrested but then not charged. I didn't knwo it was that easy to avoid prosecution when caught smuggling drugs.

I remember watching episodes of "To Catch a Smuggler," and then they caught these guys, they would always sit them down and say "You're the little fish, we know you didn't mastermind this, just tell us where you got the drugs and things will be better for you, " and then the perps would start talking and admit they knew they were carrying drugs.

Section 107

Its in my backyard so I will try to find out the details of this particular arrest.

Commercial courier companies do have an obligation to know their customers and know the loads they are carrying and they can, therefore, inspect cargo without a warrant (unlike the USPS which must have a warrant in most cases to inspect).

But the law says a smuggler must knowingly be carrying contraband to be found guilty. CBP and DoJ believe the number of true blind mule cases to be a very small percentage of drug courier cases. Because this guy is a "professional" courier and probably has a number of border crossings as a professional courier the probability making a successful case against him will be low. Having said that, they probably strongly suspect the courier knew exactly what he was carrying so this is their way of punishing him and his company (somewhat).

Loren Pechtel

That's my take on it, also. He knew but they can't prove he knew so they're simply banning him from the country. It's a good dodge.

GUWonder

So as I was indicating, it makes the case weaker? Surely we aren't saying a lower probability of successful prosecution leading to a standing conviction is the definition of a strong/stronger case, right?

Section 107

No, it isn't that it becomes weaker - there just isn't a case to begin with. Absent evidence of the person (or company) knowing the contraband nature of the cargo the CSA says common or contract carriers are actually allowed to be in possession of the contraband. There is no crime and therefore no case, let alone one stronger or weaker.

Please don't call me surely.

But no, Shirley, I wasn't saying that. Admittedly I could have been more articulate in that explanation - sorry for any confusion.