SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : US Government Attack on Gibson Guitar -- Ignore unavailable to you. Want to Upgrade?


To: Brumar89 who wrote (19)8/27/2011 1:58:42 PM
From: joseffy1 Recommendation  Read Replies (1) | Respond to of 227
 
Coincidence?

Was this raid timed to bring public opinion against Gibson since MONDAY kicks off the trial in Nashville Federal court for the 2009 Fed raid on Gibson where Gibson's ebony was seized?



To: Brumar89 who wrote (19)8/27/2011 2:27:22 PM
From: joseffy1 Recommendation  Respond to of 227
 
The case of Florida seafood broker Abner Schoenwetter:

who spent years in a U.S. federal prison for supposedly violating the laws of Honduras…

even though the Honduran government proved he was innocent.

In an appalling miscarriage of justice, Schoenwetter lost his thriving business and years with his family.

http://www.heritage.org/Multimedia/Video/2011/08/Excessive-Criminal-Laws-Trap-Honest-American-Businessman

thehill.com

nacdl.org

At the age of 64, Abner (“Abbie”) Schoenwetter is trying to start his life over again. He has been

serving an 8-year sentence in federal prison for a seafood sales transaction. According to the U.S.

government, a lobster catch Abbie had agreed to purchase violated three Honduran administrative

regulations. The Honduran government filed a legal brief stating that the three regulations were

invalid and unenforceable against Abbie and the three other persons charged by the U.S. in the

case. The Attorney General of Honduras wrote to the U.S. Attorney General certifying that this

was correct. How is it then that this hard-working small businessman with no criminal history

was convicted of multiple felonies and sentenced to 97 months in federal prison?

• Abbie was a Florida seafood importer and distributer who occasionally bought lobster tails

gathered in the waters of the Caribbean near Honduras.

• In February 1999, the National Marine Fisheries Service (NMFS) received a fax about a

cargo vessel bound for Alabama. It alleged that the vessel’s lobster catch was in violation of

Honduran regulations. The anonymous tipster claimed that the lobsters were undersized and

in plastic bags, not cardboard boxes, as supposedly required by Honduran regulations.

• The NMFS seized the shipment under the Lacey Act, which makes it a federal crime to

violate any fish or wildlife law or regulation of any nation on earth. The lobsters were to be

bought and distributed by Abbie and other Americans.

After the seizure, federal officials spent several months scouring Honduran law to find a basis

for criminal charges. The theory they came up with was that the lobster catch violated three

obscure Honduran administrative regulations (1) requiring seafood to be exported in

cardboard boxes, (2) prohibiting harvesting lobsters with tails shorter than a specified length,

and (3) prohibiting the destruction or harvesting of eggs or offspring of aquatic species.

In November 2000, a federal jury found Abbie and his co-defendants guilty of multiple

counts related to violations of the Lacey Act, all premised on violations of the invalid

Honduran regulations.

In June 2002, the Honduran government filed a brief supporting Abbie and his co-defendants’

appeal. The brief stated the following about Honduran law: (1) the size regulation at issue

was void ab initio and had no legal bearing on the case whatsoever, (2) the packaging

regulation at issue had been repealed in 1995 and therefore was not in effect during the period

of alleged criminal activity, and (3) the egg-harvesting regulation at issue never prohibited

the purported activity of the co-defendants and had no legal effect because of its retroactive

repeal.

Despite the protests of the Honduran government, the appeals court affirmed the convictions.

An April 2003 letter from the Attorney General of Honduras criticized this decision and

reasserted the invalidity of the regulations that served as the basis for Abbie’s conviction.

Abbie was released on probation on August 27, 2010. But throughout his incarceration, Abbie’s

wife and their three children have suffered extensive stress-related illnesses and have lived on the

edge of bankruptcy. They never thought such things could happen in America