Two Years in Prison for Importing Orchids, Paperwork Errors

Written By : Duane Lester

The Washington Times has a troubling article on the over criminalization of America. For example, they tell the story of a couple of retirees who had their house torn apart by gun wielding members of the U.S. Fish and Wildlife Service.

The agents who spent half a day ransacking Mrs. Norris’ longtime home in Spring, Texas, answered no questions while they emptied file cabinets, pulled books off shelves, rifled through drawers and closets, and threw the contents on the floor.

The six agents, wearing SWAT gear and 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 their family home as if it were a training base for suspected terrorists. Orchids.

That’s right. Orchids.

George ended up doing two years for importing orchids without successfully navigating the bureaucracy, meaning he didn’t have the right paperwork. What’s worse, the judge sentencing him for it told him and his wife to make lemonade. No, really:

The judge who sentenced Mr. Norris had some advice for him and his wife: “Life sometimes presents us with lemons.” Their job was, yes, to “turn lemons into lemonade.”

The judge apparently failed to appreciate 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 Mr. Norris had been a Libyan terrorist, maybe some European official at least would have weighed in on his behalf to secure a health-based mercy release.

If you can get two years for not filing the right paperwork, then Houston, we have a problem. Then there’s the guy the feds went after for not putting a sticker on a package he mailed.

Instapundit writes, “We either need to cut back on the criminalization (my first choice) or start cabining prosecutorial discretion.”

I’m assuming the laws were put in place for a good reason (yes, I’m giving them a very liberal dose of the benefit of the doubt), so if someone is intentionally disobeying them, let’s do something about that. But sending everyone to the big house is a little extreme. I think a little common sense in the prosecutor’s office can go a long way.

Cross posted on All American Blogger.

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http://conservativebootcamp.com martinhale

I suggest you all re-read Franz Kafka's unfinished The Trial, just to brush up on your faceless, unfeeling and ubiquitous legal systems.
http://www.allamericanblogger.com/8912/two-years-in-prison-for-importing-orchids-paperwork-errors/ All American Blogger » Two Years in Prison for Importing Orchids, Paperwork Errors

[...] Cross posted at Right Wing News. [...]
whats_up

There certainly are some wacky laws on the books. There should be a review and some of these need to be changed. I do agree that some common sense in the prosecutors office would go along way.
Rickvid_in_Seattle

Inspector Javert lives!
aharris

While I understand why there are strict laws concerning the importation of orchids (endangered species sought by collectors), if it was determined that everything was done correctly minus a small detail, is it really necessary to send someone to jail?
http://www.cpringov.com wblackburn

We went to court once because my oldest son had been told to stay late a few times to finish homework, but kept forgetting and got on the bus and came home. That's right, they sent it to court because my son has a bad memory.

We first met with an assistant to the prosecutor who offered us what she said was a standard deal – I think it was 20 hours of community service in return for having the record removed. We decided to go to court. Fortunately, the judge was dumbfounded when she heard the explanation of the charge, and dismissed it out of hand.
http://billkrulgallery.com WilliamKrul

Here is the other side of the story: You decide! A slip up in the paper work indeed!

Orchid Smuggler Sentenced to 21 Months in Prison

MIAMI, Florida, July 28, 2004 (ENS) – A Peruvian orchid smuggler has been sentenced to 21 months in jail with three years supervised release and ordered to pay a fine of $5000 for conspiracy to import the orchids and lying to federal officals about his activities. U.S. District Judge Patricia Seitz handed down the sentence in Miami Tuesday.

Manuel Arias Silva earlier had pleaded guilty to his role in a conspiracy to import into the U.S. protected orchids, including specifically specimens of the genus Phragmipedium, commonly known as Tropical Lady’s Slipper Orchids.

All species of orchids are protected under the Convention on International Trade in Endangered Species (CITES).

Arias Silva admitted selling several shipments of orchids to George Norris between January 1999 and October 2003. Arias Silva allegedly would obtain a CITES permit for the shipment that authorized the export of a certain numbers of artificially propagated specimens of particular species of orchids.

At the alleged instruction of Norris, Arias Silva would then allegedly include in the shipment specimens of species not included on the CITES permit, which he would falsely label as a species listed on the permit.

Arias Silva would then allegedly provide to Norris a code that would provide a means for deciphering the false labels and identify the true species of the orchids. In some instances, Arias Silva allegedly shipped orchids that were collected from the wild rather than artificially propagated.

One shipment in February 2003 allegedly included some 1,145 specimens, of which 490 were of species not authorized for export by the accompanying CITES permit.

The investigation of this case was led by Special Agents of the U.S. Fish and Wildlife Service, with assistance from the Department of Homeland Security, Customs and Border Protection Service.

Norris, Arias Silva’s co-conspirator, is scheduled to be sentenced on September 2.
Bill_Dalasio

I’m assuming the laws were put in place for a good reason (yes, I’m giving them a very liberal dose of the benefit of the doubt), so if someone is intentionally disobeying them, let’s do something about that.

You're more generous in your assumptions than I am. Legislative history is replete with instances of laws being passed to support the interests of those who capture the regulatory process, rather than the common good. A premium orchid seller, for instance, has the experience and resources to navigate the regulations that act as a potential barrier to entry for potential competitors.
http://conservativebootcamp.com martinhale

Posted by WilliamKrul

2009-10-07 06:58:53

You know William, I've not seen one published report which held Mr. Norris blameless in this matter. The issue, however, is not whether he did the crime, but rather whether that crime was worthy of imprisonment for what apparently is a first offence of an non-violent crime against a regulation. Had the crime been against people, or if Mr. Norris had a rap sheet as long as your arm, the punishment would look a little more fitting.
http://www.charlotteconservative.com/index.php/2009/10/5-things-that-republicans-in-d-c-need-to-understand/ 5 Things That Republicans In D.C. Need To Understand

[...] Two Years in Prison for Importing Orchids, Paperwork Errors The Washington Times has a troubling article on the over criminalization of America. For example, they tell the story of a couple of retirees who had their house torn apart by gun wielding members of the U.S. Fish and Wildlife Service. The agents who spent half a day ransacking Mrs. Norris’ longtime home in Spring, Texas, [...] [...]

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