This Is Something to Worry About

[x]

“You don't need to know. You can't know.”

That's what Kathy Norris, a 60-year-old grandmother of eight, was told in October 2003 when she asked court officials why federal agents had subjected her home to a furious search. The agents who ransacked the Norrises' longtime home in Spring answered no questions while they emptied file cabinets, pulled books off shelves, rifled through drawers and closets, and threw their contents on the floor. The six SWAT-clad agents carrying weapons were with — get this — the U.S. Fish and Wildlife Service. Kathy and George Norris lived under the specter of a covert government investigation for almost six months before the government unsealed a secret indictment and revealed why the Fish and Wildlife Service had treated the Norrises' family home as if it were a training base for suspected terrorists.

Orchids. That's right. Orchids.

By March 2004, federal prosecutors were well on their way to turning 66-year-old retiree George Norris into an inmate in a federal penitentiary — based on his home-based business cultivating, importing and selling orchids. Kathy Norris testified before the House Crime Subcommittee this summer.

The topic: the rapid and dangerous expansion of federal criminal law, an expansion that is often unprincipled and highly partisan.

Chairman Bobby Scott, D-Va., and ranking member Louie Gohmert, R-Texas, conducted a truly bipartisan hearing (a rarity this year). These two leaders have begun giving voice to the increasing number of experts worried about “overcriminalization.” Astronomical numbers of federal criminal laws lack specifics, can apply to almost anyone and fail to protect innocents by requiring substantial proof that an accused person acted with actual criminal intent.

George Norris ended up spending almost two years in prison because he lacked the proper paperwork for some of the orchids he imported. The orchids themselves were all legal. But George and the overseas shippers who packaged the flowers failed to properly navigate the many, often irrational, paperwork requirements the United States imposed when it implemented an arcane international treaty's new restrictions on trade in flowers and other flora.

The judge who sentenced George had some advice for the Norrises: “Life sometimes presents us with lemons.” Their job was to, yes, “turn lemons into lemonade.” Never mind how difficult it is to run a successful lemonade stand when you're an elderly diabetic with coronary complications, arthritis and Parkinson's disease serving time in a federal penitentiary. If only George had been a Libyan terrorist, maybe some European official would have lobbied to secure a health-based mercy release.

Krister Evertson, another victim of overcriminalization, told Congress, “What I have experienced in these past years is something that should scare you and all Americans.”

He's right.

Krister, a small-time entrepreneur and inventor, faced two separate federal prosecutions stemming from his work trying to develop clean-energy fuel cells. The feds prosecuted Krister the first time for failing to put a federally mandated sticker on an otherwise lawful UPS package in which he shipped some of his supplies. A jury acquitted him, so the feds brought new charges. This time they alleged he technically “abandoned” his fuel-cell materials — something he had no intention of doing — while defending himself against the first charges. Krister, too, spent almost two years in federal prison.

As George Washington University law professor Stephen Saltzburg testified at this summer's hearing, cases like these “illustrate about as well as you can illustrate the overreach of federal criminal law.”

The Cato Institute's Timothy Lynch called for “a clean line between lawful conduct and unlawful conduct.”

Former U.S. Attorney General Richard Thornburgh captured the essence of the problems that worry so many criminal-law experts: “Those of us concerned about this subject share a common goal — to have criminal statutes that punish actual criminal acts and (that) do not seek to criminalize conduct that is better dealt with by the seeking of regulatory and civil remedies.”

The Norrises' nightmare didn't end until George was released from federal supervision in December. Kathy testified, however, that even after he came home, the man she married was still gone. George was then 71 years old. Serving two years as a federal convict — then years more defending unsuccessfully against the charges — took a severe toll on him mentally, emotionally and physically. These are repressive consequences for an elderly man who made mistakes in a small business. The feds should be ashamed, and Krister Evertson is right that everyone else should be scared. Far too many federal laws are far too broad.

Reps. Scott and Gohmert have set the stage for more hearings on why this places far too many Americans at risk of unjust punishment. Members of both parties should follow their lead.

Walsh is senior legal research fellow in the Center for Legal and Judicial Studies at The Heritage Foundation.

[Skinhead]

The original post is very disturbing.  With the legislators propensity to pass more laws instead of enforcing those already on the books, it is easy to break a law without knowing/intending to do so.  A 3 year sentence for impropery importing orchids is a little out of hand.  What did all the  recent tax cheats in the current administration get?  Events like Ruby Ridge and Waco are further examples of government out of control, which is why I can't understand why some people want more government in their lives.

[asfltdncr]

It's a business--JAILING I mean.

[Sludge]

Wow, SE... um for like the second time ever... Im in agreement with ya 

[x]

What bothers me about this is it is attitudinal.  It shows a lack of common sense.  The feds power is near absolute... you get ensnared, you have a problem.  But instead of exercising a sense of proportionality, these guys behave as though the guy shipped a plutonium bomb without a permit (HA! - Note that 'plutonium bomb' will probably set off the feds email snooper system since I am not in the country).
 
A federal prosecutor with common sense would have told the guy to pay more attention and let it go at that.  But, this overzealous Nazi mindset that everyone is a criminal until they can prove they are not is scary.  The prosecutor doesn't care about justice, only convictions.

[Oss]

correct me if I am off base but this sounds like the european system where once you are arrested you must prove you are innocent.

Sludge and skinhead +1 I am also in agreement with the sentiment of the post. Govmt is too strong.
The movement we had going toward states rights in the Supreme Court seems to be in serious danger with the democrats now in both houses and in control of the executive branch which gets to run the administrative law system.

Powers not specifically enumerated to the Fed Gov are reserved to the states according to the Bill of Rights  The feds F'd with the law many ways from using highways funds to lower the speed limit, to education dollars, now to health and a flurry of items that nobody has even read yet

SE sometimes you post some interesting stuff but sometimes your posts seem like they are from another world. Is living in singapore really skewing your view of home that much or were these your views before you shipped overseas.  When people talk about being happy Bush is gone do you mention he retired and was not removed?

[F6MoRider]

This is old news; over zealous prosecution, that is the making of criminals out of innocent folks when no criminal intent existed is really same 'ole sh it, just a different day of yet another year.  It's been going on for years and will get worse long before it gets better.  What's worse, companies use the criminal records to deny employment even though they know this type of persecution is common and unwarranted.

I worry more about the coming IRS gun registration requirements which are mere precursors to confiscation which will eliminate the ability to defend oneself from such an overbearing government.  At least a blaze of glory remains an option as long as guns are legal or you hide them and the ammo really, really well.   

[mikeb]

we need more zars a flower zar can over look this for us at maybe 100 k a year

[Varmintmist]

What bothers me about this is it is attitudinal.  It shows a lack of common sense.  The feds power is near absolute... you get ensnared, you have a problem.  But instead of exercising a sense of proportionality, these guys behave as though the guy shipped a plutonium bomb without a permit (HA! - Note that 'plutonium bomb' will probably set off the feds email snooper system since I am not in the country).
 
A federal prosecutor with common sense would have told the guy to pay more attention and let it go at that.  But, this overzealous Nazi mindset that everyone is a criminal until they can prove they are not is scary.  The prosecutor doesn't care about justice, only convictions.

Government is what you do in leiu of common sense.

[stormrider]

Well, well, SE. Something I too can agree with; too much government. Anyone have a count on how many federal laws are on the books? I've heard it is well over 10,000. And what does the Constitution allow? Not much. But who's watching. How bout Tebow?

[fiddle mike]

What's scary is that there is no shortaage "good Americans" to sign on to these jack boot gangs.  AFT killed an unarmed biker in FL, a couple days ago and then I turned around and read a blog criticizing "Sons of Anarchy" for giving veterans a black eye.

Thomas Jefferson said not to leave any agency standing that was not responsible to We, the People.