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NYPD Pays $33K to Settle Suit After Mistaking Jolly Ranchers for Meth

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  • #16
    Originally posted by Chomp View Post
    Ya don't say! Hey OP, this might shock you, but sometimes drug dealers will rip off addicts with counterfeit substances. Now listen, you might wanna sit down for this next part, OK? Dealers will occasionally put drugs into packaging and containers that aren't clearly labeled "illegal drugs". Sometimes they'll even put those naughty substances in packages that were meant for other things!
    Did you even read the article? The cops claimed they tested the Jolly Ranchers and they came up positive as meth. So either the cops have some really ****ty drug testing equipment, or the people running it have no clue how to do their job properly, or somebody is lying.

    *That's* why the city settled quickly. This isn't just about mistaken packaging.

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    • #17
      Originally posted by Steve856
      Or am I wrong? Do police not arrest drug dealers due to failure to properly label drugs according to the FDA laws? If so, why not?
      No, local cops do not make arrests for federal regulatory violations. That's up to the FDA enforcement agents to do.

      Comment


      • #18
        Originally posted by BTR1701 View Post
        Did you even read the article? The cops claimed they tested the Jolly Ranchers and they came up positive as meth. So either the cops have some really ****ty drug testing equipment, or the people running it have no clue how to do their job properly, or somebody is lying.

        *That's* why the city settled quickly. This isn't just about mistaken packaging.
        Yeah, that would warrant a lawsuit.

        (Note: It could be simply carelessness about contamination.)

        Comment


        • #19
          Originally posted by Steve856
          [COLOR="#000080"]
          Well, how does that work, then?--------------------

          So what happens when such an operator is apprehended?

          In most areas the "operator" is arrested by state/city/county authorities and held on state charges.

          If large enough to open the eyes of the federal prosecutor, the AUSA will review the reports and if interested, will file federal charges at which time the state charges will either be dropped or plea bargained.

          MOST meth lab cases are handled at that state level even if the DEA Task Force is involved in the original investigation since the AUSA won't normally prosecute small scale cases

          Originally posted by Steve856
          the meth lab was probably not constructed with appropriate building permits, and there is no assurance that the builders followed the National Electrical Code, BOCA, NFPA, and other codes, enforcement of which is the jurisdiction of the city building inspector or fire marshal. Such an operation probably did not get a business license, which may be the jurisdiction of the office of the state secretary. The drugs may not be handled in an appropriate manner, which may come under the jurisdiction of the city health inspector. The drugs may not be labeled properly, or are not manufactured under cGMPs, which comes under the jurisdiction of the FDA. The operator probably did not follow OSHA laws. The waste generated from the production may be toxic, and fall under the jurisdiction of the EPA. The operator probably did not provide the appropriate PPE to the workers as required under labor laws. The operator probably did not file the appropriate tax forms declaring his illicit income. The operator probably did not pay Social Security tax on his employees to the SSA. The operation may be protected by individuals with weapons that may be of interest to the ATF. The operator may employ foreigners not authorized to work in the US, thus may be against laws enforced by the ICE. Etc.
          Those are of no consequence and igored
          Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

          My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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          • #20
            In NYC we just had a hundred or so people arrested for defrauding social security. Definitely a federal crime but the US Attorneys office declined prosecution and it was handled on state level.

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            • #21
              Originally posted by Steve856
              To my question:



              Iowa #1603 wrote:


              Thank you, #1603. I appreciate your help.

              Just a quick follow up question, if I may: why are these serious wrong doings of no consequence and are ignored?

              Is it because some of these wrong doings merge into state charges? Or is it because the state charges are so harsh, that adding charges on basis of these wrong doings are too minor? Or do the prosecutors not want to bother with since meeting the elements of the charge in some of these wrong doings is higher than for the state charges?

              Or is there a procedural reason that precludes charging the operator with such wrong doings?

              After all, Capone served out his life behind bars not on state charges, but on seemingly innocuous charges of income tax evasion.



              Are you just being obtuse or do you really not understand why those "violations" aren't important.

              Those MINOR violations are FAR from SERIOUS-------------in fact most of what you are talking about aren't even violations of law

              OSHA laws are only applicable for BUSINESSES................a meth lab operator doesn't have any employees

              The building of the lab isnn't covered under building codes............its a collection of parts and chemicals

              The EPA might order the mess cleaned up and charge the person to clean it up (but usually charges the police agency) and it sure isn't going to me anything other than a EPA fine even if they chose to do something

              and the Tax problem -------------well it just isn't going to be charged.. the IRS has more important things to do. In Iowa we might charge them for a Tax Stamp Violation



              For someone who proports to be an attorney ---------------you seem pretty dense





              Originally posted by Steve856
              After all, Capone served out his life behind bars not on state charges, but on seemingly innocuous charges of income tax evasion.

              [/COLOR]
              I think you need to re-read your history.

              Capone was paroled in 1939 and died in his home in Florida in 1947
              Last edited by Iowa #1603; 09-19-2014, 09:00 AM.
              Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

              My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

              Comment


              • #22
                Originally posted by Steve856
                Thank you. I appreciate your post.

                There were various reasons that I could see these violations were not charged. I appreciate you pointing out the one that you think is the correct one.

                As far as applicability of laws that were written for businesses and not illegal enterprises go, I agree that in some cases it is not possible to apply them to illegal enterprises, but in many cases there is no exemption. Having our justice system say “oh, the meth labs do not have to follow safety rules or FDA laws, because they are illegal operations anyway!” is abhorrent to me. Being a criminal should not be an excuse nor a shield from further prosecution.

                And some laws are not trivial; some penalties are actually pretty high – violations of some parts of the FDA laws have penalties of up to 10 years in jail and 250,000 USD.

                Once again ----------------------you just don't understand the criminal justice system

                the meth lab is inherently illegal------- EVERY aspect of the operation. Trying to enforce EPA and FDA laws on an illegal operation would be stupid and a waste of resources that are need elsewhere. Those laws are designed for the "legal" operations that try to skirt the law-----NOT clandestine operations that are illegal just by being.

                The federal CRIMINAL drug laws have more than enough "punch" to take care of the tweakers.
                Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

                Comment

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