State v. Mr. F (DMC No. 14985) – (2 Counts) Felony Conspiracy ($30,000,000) to Manufacture and Distribute a Controlled Substance Analogue, Felony Conspiracy to Defraud the US, Felony Adulteration or Misbranding of a Drug, and Forfeiture – Forfeiture Dismissed and Other Charges Reduced to Probation With Zero Days in Jail – United States District Court, District of Arizona (Case No. CR-14-01607-1-PHX-SRB and United States District Court, Southern District of Alabama, Case No. 14-00272-CB): Our client was a fitness buff who had a training facility in which he sold various body-building “supplements.” He was charged with Conspiracy in two different Federal courts (Arizona and Alabama). He was accused of importing chemicals from overseas, manufacturing chemical “analogues” to illegal drugs, packing and then distributing the drugs as “pot pourri” in various states.
The total quantity of the alleged illegal drugs was in excess of 110 kilograms of raw chemical, which was used to manufacture hundreds of kilograms of finished product, calculated as the equivalent of over 19,350 kilograms of marijuana. The dollar amount alleged by the Government throughout the Conspiracy exceed $30,000,000.
We were involved in negotiations with the United States Attorneys’ Offices in several districts, as well as with the main Justice Department. It took over a year of intense work from a cooperation and a lengthy sentencing battle in order to achieve an offer in which the Probation Department recommended a sentence of 78 months of prison time in Arizona, and 60 months, followed by 36 months of prison time in the Alabama case (all to run consecutively). Due to our efforts, Mr. F was sentenced to Probation with Zero prison or jail time. Lastly, the Forfeiture allegations which would have taken everything that Mr. F owned, were dismissed. As part of the overall deal, any other charges which could have arisen out of any other Federal District Courts, were also permanently barred from being indicted. These could have included Conspiracy (18 USC § 371), Fraud (18 USC § 545), Misbranding—as pot pourri (18 USC §§ 331A and 333(A)(2)), and Distribution (18 USC § 331(A)).