Cocaine Shipment Found on Fruit Boat

Three men linked to an alleged cocaine ring have been arrested after agents found 50 kilograms of Cocaine hidden in a fruit shipment in Bridgeport, CT.^[1] Antonio Miguel Arias, Nelson B. Santiago, and Raymond Pacheco have been charged in a federal criminal complaint with conspiracy to distribute more than five kilograms of cocaine.^[2]

Arias was arrested in Pennsylvania Tuesday, and Santiago and Pacheco were arrested in New York Wednesday.^[3] Authorities assert that the arrests stem from a five-month FBI investigation that uncovered a cocaine trafficking ring responsible for shipping hundreds of kilograms of cocaine from Turbo, Colombia to Bridgeport.^[4]

The government alleges the cocaine was hidden in commercial shipments of fruit to New York, where Arias operated a fruit distribution company.^[5] Agents seized 444 kilograms of cocaine that was being transported to Arias' business on Aug 7; on Tuesday, agents said they seized another 50 kilograms of cocaine in Bridgeport.^[6]Arias was presented in federal court in Allentown, Pa., Wednesday and the government is seeking to extradite him to Connecticut. Santiago and Pacheco were presented in federal court in Bridgeport Wednesday.^[7] If convicted, each defendant faces 10 years to life in prison and a fine of up to $4 million.^[8]

Trafficking Conspiracy is covered under 21 U.S.C. § 846 wherein it states that any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.^[9]

In this case is the crime is possession with intent to distribute. This crimes is covered under 21 U.S.C. § 841 where it states that, except as authorized by this chapter 21, it shall be unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.^[10]

US Attorneys are obligated to bring charges on "the most serious offense that is consistent with the nature of the defendant's conduct, and that is likely to result in a sustainable conviction."^[11] This means that given the choice between seeking a conspiracy indictment for drug trafficking, federal prosecutors will choose 21 U.S.C. § 846 rather than 18 U.S.C. § 371 because the penalties are steeper, and because it is easier to prove a drug conspiracy rather than a section 371 conspiracy because of the lack of an overt act requirement.^[12]

Federal criminal defense attorney Douglas McNabb has previously discussed the transnational crime of Drug Trafficking, here.

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^[1] AP Staff, Feds Seize 50 Kilos of Cocaine, Associated Press Newswire, December 6, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] 21 U.S.C. § 846 (2007).
^[10] 21 U.S.C. § 841 (2007).
^[11] US Attorney's Manual, Principles of Federal Prosecution; Selecting Charges - Charging Most Serious Offense, 9-27.300 (Aug. 2002) available at http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/27mcrm.htm#9-27.300 (last visited December 18, 2007).
^[12] United States v. Shabani, 513 U.S. 10 (1994).