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Prosecutors Drop Drug Trafficking Case Against FedEx

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Re: Prosecutors Drop Drug Trafficking Case Against FedEx

#4
post #2

Url changed from http://overlawyered.com/2016/06/justice-dept-case-fedex-coll... , which points to this.

Then I'll copy a very impactful line that's only in that story:

> FedEx says it repeatedly asked the government to supply a list of shippers it considered illicit so that it could cut off service, but that the government refused; the Department of Justice contends that circumstantial evidence should have been enough to alert the package shipment company.

Re: Prosecutors Drop Drug Trafficking Case Against FedEx

#5
My understanding is that these drugs were being shipped from legitamate pharmacies (not some warehouse or personal residence) and that Fedex has a metric ton of legitamate prescription drug shipping business.

So they are faced with the challenge of trying to identify which packages (of which they don't know the details of the contents) are legal and illegal. Quite difficult, so they ask the gov't to tell them which ones are the bad actors and the gov't refuses.

Good for them for fighting the charges.

Re: Prosecutors Drop Drug Trafficking Case Against FedEx

#7
post #3

From my memory and understanding, this reads similar in a lot of ways to the WorldCom anti-wiretapping stance and the resulting hyper-aggressive federal prosecution

You're thinking of Qwest's Nacchio and his insider-trading conviction. WorldCom was a few years earlier and an unambiguous case of massive financial fraud on the heels of Enron. Bernie and his cronies deserved every bit of what they got, and more besides.

Re: Prosecutors Drop Drug Trafficking Case Against FedEx

#8
Nothing surprises me with the government anymore. The DEA wanted to continue building a drug case, so they didn't give Fedex information that they would have used to immediately cutoff service to the suspects, which would have tipped them off that the Feds were onto them. That's certainly their right, but they can't then turn around and prosecute Fedex for not acting on information they never had.

This was nothing more than a shakedown attempt by the government. There is little doubt that Fedex was approached with numerous offers to make this go away in exchange for a hefty fine. In this case, Fedex should sue for malicious prosecution and be awarded both compensatory and punitive damages. I wonder if Fedex shareholders might have a claim against the government as well, as this looming trial had to have damaged the stock price.

Re: Prosecutors Drop Drug Trafficking Case Against FedEx

#9
post #2

Url changed from http://overlawyered.com/2016/06/justice-dept-case-fedex-coll... , which points to this.

Then I'll copy a very impactful line that's only in that story: > FedEx says it repeatedly asked the government to supply a list of shippers it considered illicit so that it could cut off service, but that the government refused; the Department of Justice contends that circumstantial evidence should have been enough to alert the package shipment company.

Trying to get my head wrapped around this.

Can't.

Re: Prosecutors Drop Drug Trafficking Case Against FedEx

#10
post #7
post #3

From my memory and understanding, this reads similar in a lot of ways to the WorldCom anti-wiretapping stance and the resulting hyper-aggressive federal prosecution

You're thinking of Qwest's Nacchio and his insider-trading conviction. WorldCom was a few years earlier and an unambiguous case of massive financial fraud on the heels of Enron. Bernie and his cronies deserved every bit of what they got, and more besides.

Yeah, Bernie and WorldCom completely ruined one of the greatest tech startups ever, MCI. I mean, they broke up the AT&T monopoly on phone service! With what started out as a microwave radio service for truck drivers! (Yes, the AT&T lawsuits to assert copyright over UNIX followed, but those were unintended consequences and not MCI's fault.)

I once got a tour of the building that ran uu.net (owned by MCI) before it became the domain of spamlords. There was the control center of practically the entire internet backbone of 1993 right in front of me.

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