Can You Conspire to Commit Maritime Drug Trafficking from Land?

Conspiracy is one of the broadest–and yet hardest-to-define–criminal charges. Basically, a criminal conspiracy is any form of agreement between at least two people to commit some other crime, such as murder or drug trafficking. Once a conspiracy is established, all of the alleged co-conspirators can be charged, even if they did not directly participate in the agreed-upon criminal act. Indeed, conspiracy does not require a co-conspirator’s presence at the “scene of the crime,” as it were.

Tampa Judge Declined to Dismiss Indictment Against Venezuelan Citizen

An ongoing drug conspiracy case in Tampa, United States v. Montero-Monsalvo, provides a good illustration of what we are talking about. In this case, a federal grand jury indicted the defendant with conspiring to violate the Maritime Drug Law Enforcement Act (MDLEA). In brief, the MDLEA is a federal statute that prohibits anyone on board a vessel within United States jurisdiction from engaging in drug trafficking. The MDLEA is frequently used to justify stopping and seizing vessels in international waters believed to be engaged in drug smuggling.

In this case, United States Coast Guard authorities sailing aboard a Netherlands vessel encountered a Venezuelan fishing boat in international waters. As the Dutch vessel approached, the people aboard the fishing boat threw several packages overboard. The Coast Guard recovered the packages and determined they contained about 300 kilograms of cocaine.

With the Venezuelan government’s permission, the Coast Guard boarded the fishing vessel and arrested its crew under the MDLEA.

The defendant in this case, however, was not aboard the fishing boat. Nevertheless, he was later identified by federal prosecutors in the United States as a “member of the conspiracy to traffic controlled substances” about the fishing boat. On that basis, the Venezuelan government approved the defendant’s extradition to the United States to stand trial.

Before a federal trial court in Tampa, the defendant moved to dismiss the indictment, arguing the United States had no authority to apply the MDLEA to him, given that he was in Venezuela at the time of the alleged offense. The judge rejected that argument and denied the defendant’s motion to dismiss. The court explained that Congress has the authority to punish maritime drug trafficking conspirators “even if they are never on the high seas,” as was alleged here. As far as the judge was concerned, “While landward coordinators and planners might not themselves embark on drug-smuggling voyages, they are equally participants in maritime crime as the mariners.”

Contact an Orlando Conspiracy Lawyer Today

Again, it is critical to emphasize that conspiracy is a separate-and-distinct charge from any other crimes allegedly committed by the conspirators. That is to say, you can be tried and convicted of conspiracy to commit cocaine trafficking even if you are never charged with the underlying act of cocaine trafficking. So if you are charged with conspiracy, you still must prepare to defend yourself in court.

Your first step should be to seek legal advice and representation from a qualified Orlando conspiracy attorney. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

scholar.google.com/scholar_case?case=10414838975040652756