Home
The Story
The Case
The Lawyers
Press Releases
News Updates
Sign the Petition

Press Releases
Contact
Us
   Private Page
Honduras case - Transcripts
Nicaragua case - Transcripts

You may need

to view some of the files on this site

Please read and sign our "Petition" about a TRUE LOBSTER "TALE"




Sunday, August 14, 2005 By BRENDAN KIRBY Staff Reporter
AL.Com
Honduran businessman wages battle to win his freedom
Today, David Henson McNab sits in a federal prison outside of Memphis, Tenn., about midway through an eight-year and one-month sentence for crimes in Honduras that the Honduran government now insists he did not commit.
Four years later and 30 pounds lighter, his regular appeals exhausted, McNab has returned to the same federal court in Mobile where he was convicted in a lobster smuggling case that drew national attention.
For McNab and three Americans who were also convicted, this represents the latest -- and possibly last -- effort to overturn the sentences. CONTINUE STORY



NEW BOOK
Go Directly to Jail: The Criminalization of Almost Everything
Edited by Gene Healy
You're an honest businessperson with a strong moral compass. You don't cheat on your taxes, or your spouse. You regularly consult with your attorney to ensure that you're complying with the myriad regulations governing your business. You even go the extra mile, talking with children at "Junior Achievement" programs about how to achieve success. The possibility of a criminal prosecution is the last thing on your mind. "The government only goes after real criminals," you think to yourself. Think again. In "The New 'Criminal' Classes: Legal Sanctions and Business Managers" James DeLong discusses the general principles of criminal law that affect all cases, especially the lack of a mens rea requirement in most modern criminal laws. Thus, someone who acts in good faith (even consulting with a lawyer before acting) can end up in prison. Which is what happened to Brian McNab. Read more about this book
To buy this book at Amazon.com


October/November 2004
On Thin Ice
It sounds like a fish tale, but two small-business owners, Bob Blandford and Abner Schoenwetter, are doing hard time – eight years and one month – in the federal penitentiary. Their crime? Importing the wrong size lobster tails in the wrong containers. Another small-business co-defendant is serving her own sentence: Diane Huang, a mother of two children ages 6 and 10, started her two-year stint in a prison in July.
Read the entire article here: http://www.mybusinessmag.com/fullstory.php3?sid=1091



If you traffic in illegal weapons, you get 2-5 years; but for lobster tails, you get 8 years! ! !
Putting a halt to trafficking in guns
OUR VIEW: Federal effort has particular meaning in the South
Guns from the South, where weapons are more easily purchased than in some other regions, find their way onto the streets of cities from New York to the West Coast. Guns from Orangeburg are among those on the move. Police acknowledge there's big money to be made in the process.
For more of this story, click on or type the URL below: http://www.timesanddemocrat.com/articles/2004/06/19/opinion/opinion1.txt




NFIB (NATIONAL FEDERATION OF INDEPENDENT BUSINESS) SPEAKS OUT ABOUT THE ATROCITIES OF U.S. GOVERNMENT PROSECUTORS IN LOBSTER CASE
click here http://www.zwire.com/site/news.cfm?newsid=10921950&BRD=2554&PAG=461&dept_id=507131&rfi=6



Here is real Crime done to Americans which goes virtually unpunished, yet time-served is negligible compared to eight years initial prison time, three years probation, including fines and forfeitures for Lobster Tails!
Licenses to Kill - APRIL 21, 2003
For terrorists, getting fake ID is simple and cheap. In March, prosecutors were able to secure only probation and a $15,000 fine against Egyptian immigrant Mohammed el-Atriss, 46, who operated a Paterson (N.J.) print shop that produced fake IDs for September 11 terrorists Khalid Almidhar and Abdulaziz Alomari.............to read the entire article please click below:
http://www.businessweek.com:/print/magazine/content/03_16/b3829136.htm?mz





Posted: December 29, 2003
1:00 a.m. Eastern
By John Berlau
© 2003 Insight/News World Communications Inc.

PATRIOT Act used to snag Rush Limbaugh?
Critics decry misapplication of terror law's money-laundering provisions


McNab et al.....excerpt from Mr Berlau's article................
.....But Edwin Meese, who was attorney general in the mid-1980s when Reagan signed the Money Laundering Control Act of 1986 that made money laundering a federal crime, tells Insight the Limbaugh case appears to be just one more example of prosecutorial overreach with money-laundering laws. Meese, now director of the Center for Legal and Judicial Studies at the Heritage Foundation, says, "I think there have been instances in which money-laundering laws have been used in circumstances that are considerably different from the original intent of the law. When money-laundering statutes are used simply to pile on charges where major financial manipulation was not the intent nor was it related to syndicated crime, then I think the statutes would be misused."

The laws, Meese says, were pushed to "specify a certain type of aiding and abetting" in drug and crime rings. And indeed they often are used to go after people whom many agree are genuine bad guys. But in those cases it's usually one of several criminal charges filed.

In the indictment of American Muslim Council founder Abdurahman Alamoudi, who is alleged to have helped fund terrorism, a structuring charge is included with several others, including smuggling cash and violating sanctions by taking money from terrorist-sponsoring Libya.

But there also are increasing numbers of prosecutions in which a money-laundering charge appears to be added just to beef up cases where the underlying charges are minor, say critics. In a case to which Meese points that now is on appeal to the Supreme Court, money-laundering charges were added to the weak "environmental-crime" case of David McNab. The fisherman was charged in 2000 with violating the Lacey Act, which makes it a crime to "import fish or wildlife taken in violation ... of any foreign law."

The foreign law in question was a Honduran regulation that made it a crime to harvest lobsters with tails less than 5.5 inches long. While Honduran government officials testified that the law actually was null and void, and only about 3 percent of McNab's lobsters had tails less than 5.5 inches, prosecutors somehow convinced the courts that McNab's depositing of the proceeds of this "crime" in his bank account constituted money laundering.

Heritage's Rosenzweig and civil-liberties groups, such as NACDL, have signed a letter urging the Supreme Court to hear the case and free McNab, who has spent the last four years in prison. (The Justice Department had no comment on McNab's case.)

And, say critics, the USA PATRIOT Act's Title III will catch more McNabs, while doing little to catch terrorists, by demanding that even more businesses defined as "financial institutions" act like police spies.Why you can't trust government.

Read the entire article here:    http://www.wnd.com/news/article.asp?ARTICLE_ID=36348




AL.Com
WASHINGTON., The U.S. Supreme Court has refused to hear the appeals (Tuesday, 2/24/2004, Mobile Register )




Article: A country that goes out of its way to imprison the innocent has no business preaching democracy to the world. By Paul Craig Roberts



NFIB Legal Foundation Urges Supreme Court to Hear Case on Regulatory Crimes



NAM Urges Supreme Court to Reinstate 'Traditional Criminal Intent Requirements'


Legal Times
Article: PDF file. Lawyers Seeing Red Over Lobster Case. by Tony Mauro 02-16-2004



http://www.corporatecrimereporter.com/11_25_03_pressrelease.html

Sea Food Business
Article: PDF file. Justice runs amok! by Fiona Robinson



Article: What were the prosecutors thinking? Surely there are more worthy cases to prosecute. So why on earth are we wasting prosecutorial resources on this? by Paul Rosenzweig and Ellen S. Podgor December 31, 2003



Why you can't trust government, by Joseph Farah, March 20, 2002





Association of Americans for Constitutional Laws and Justice(AACLJ)

Dr. Roberts [send him mail ] is John M. Olin Fellow at the Institute for Political Economy, Senior Research Fellow at the Hoover Institution, Stanford University, and Research Fellow at the Independent Institute. He is a former associate editor of the Wall Street Journal and a former assistant secretary of the U.S. Treasury. He is the co-author of The Tyranny of Good Intentions.

Back to the Top


Hosting by Club Plus Internet Copyright © 2004 Club Plus Internet All Rights Reserved.