Saturday, October 23, 2010

Overcriminalization Hurts

Lesley Clark at the Miami Herald tells the story of Abner Schoenwetter, a victim of overcriminalization, in an article titled Congress Looks at Law that Criminalizes Non-Criminal Behavior.  Mr. Schoenwetter recently traveled to Washington to testify before a congressional committee.  His testimony, along with others at the hearing, can be found here. Mr. Schoenwetter's case arose with an individual named David McNabb - a case involving the importation of spiny lobster tails from Honduras to the U.S.  Despite the fact that the Attorney General of Honduras said that there was no violation of law, the 11the Circuit refused to reverse this conviction premised on a violation of the Lacey Act.  For more discussion of this case, see my article - A New Dimension to the Prosecution of White Collar Crime: Enforcing the Extraterritorial Social Harms.   

In reading the Miami Herald I couldn't help but notice the difficulties that Abbie Schoenwetter now faces.  I, for one, intend to purchase something from his business here. Overcriminalization hurts real people.

(esp) 

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Fraud, International, Judicial Opinions, Prosecutions | Permalink

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