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Build a Secret Compartment, Go To Jail

KindMind writes "Alfred Anaya was a custom stereo installer who branched out to making secret compartments for valuables, who the DEA sent to prison as a co-conspirator when a drug dealer used his creation to smuggle drugs. But Wired points out the bigger question: 'The challenge for anyone who creates technology is to guess when they should turn their back on paying customers. Take a manufacturer of robot kits for hobbyists. If someone uses those robots to patrol a smuggling route or help protect a meth lab, how will prosecutors determine whether the company acted criminally?'"

23 of 1,111 comments (clear)

  1. The Answer To This Nonsense... by rally2xs · · Score: 5, Insightful

    ... is to legalize absolutely all the drugs, and put the DEA, et. al., out of business. The insane drug war is just another excuse to violate citizen's rights, plus it provides obscene amounts of money to all the wrong sorts of people. And, reportedly, Mexico has lost 70,000 of its citizens since 2007 to drug war violence. Is the USA keeping drugs illegal really worth 70,000 human lives? I don't think so.

    1. Re:The Answer To This Nonsense... by jbolden · · Score: 5, Insightful

      I'm in favor of partial legalization and regulation. Smoking kills 300k a year. Something like widespread meth use could come in 10x, 20x that. The reason drugs can get banned is because they are so incredibly devastating to individuals to families and to communities when their use becomes common. Pretending they are harmless undermines other points.

      The question is whether the benefits of criminalization, the avoidance of widespread use, can be achieved without criminalization.

    2. Re:The Answer To This Nonsense... by Krneki · · Score: 5, Insightful

      You don't combat drug (ab)use by prohibition, you use education.

      And anyway the side effect of prohibition will do far more harm to society then any drug can.

      --
      Love many, trust a few, do harm to none.
    3. Re:The Answer To This Nonsense... by Binestar · · Score: 5, Informative

      Look up drug legalization and Portugal.

      --
      Do you Gentoo!?
    4. Re:The Answer To This Nonsense... by gstoddart · · Score: 5, Insightful

      You don't combat drug (ab)use by prohibition, you use education.

      And actually trying to fix some of the social problems associated with drugs like poverty and lack of jobs.

      But nobody has any interest in doing that. They'd rather have a large, for profit prison industry and sweep it all under the rug.

      --
      Lost at C:>. Found at C.
    5. Re:The Answer To This Nonsense... by Digital+Vomit · · Score: 5, Informative

      What are you, a worthless DEA shill?

      After five years:.

      "Judging by every metric, decriminalization in Portugal has been a resounding success," says Glenn Greenwald, an attorney, author and fluent Portuguese speaker, who conducted the research. "It has enabled the Portuguese government to manage and control the drug problem far better than virtually every other Western country does."

      The Cato paper reports that between 2001 and 2006 in Portugal, rates of lifetime use of any illegal drug among seventh through ninth graders fell from 14.1% to 10.6%; drug use in older teens also declined. Lifetime heroin use among 16-to-18-year-olds fell from 2.5% to 1.8% (although there was a slight increase in marijuana use in that age group). New HIV infections in drug users fell by 17% between 1999 and 2003, and deaths related to heroin and similar drugs were cut by more than half. In addition, the number of people on methadone and buprenorphine treatment for drug addiction rose to 14,877 from 6,040, after decriminalization, and money saved on enforcement allowed for increased funding of drug-free treatment as well.

      After ten years:

      "There is no doubt that the phenomenon of addiction is in decline in Portugal," said Joao Goulao, President of the Institute of Drugs and Drugs Addiction, a press conference to mark the 10th anniversary of the law.

      The number of addicts considered "problematic" -- those who repeatedly use "hard" drugs and intravenous users -- had fallen by half since the early 1990s, when the figure was estimated at around 100,000 people, Goulao said.

      Portugal's holistic approach had also led to a "spectacular" reduction in the number of infections among intravenous users and a significant drop in drug-related crimes, he added.

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    6. Re:The Answer To This Nonsense... by Anonymous Coward · · Score: 5, Informative

      > The people I know that do drugs have jobs and money. Drugs
      > aren't cheap. I bet the majority of drug use is of that type.
      > Friday-Sunday and at parties.

      I think you have it almost right, allow me to make a quick adjustment here, afterall....as a drug dealer, I like to think I am an expert, I certainly have been doing it for years.

      First of all, lets start here: Pot is the #1 illicit drug. When you hear "drugs", think pot, because there are twice as many pot users as the next 3 major illegal drugs combined. The majority of users use it, the majority of dealers sell it almost exlusively.

      Your average drug user picks up once or twice a week, and while its expensive, its not so expensive that he can't afford it with a normal job. In fact, your average dealer is just another user who had a little money in his pocket and was tired of paying full price. Most of them, buy an ounce and sell 8ths, taking nearly their entire profit in product, bringing in just enough to get the next ounce. This works out of course, because he has other sources of income.

      His dealer, thats me, started out like him, but had a bit more cash from a slightly better job (or some other reason, some even start on credit, seldom a good idea, but among pot users normally fairly safe and tends to get written off rather than broken legs). He sees return on his investment, but still smokes most of the actual profit, and still doesn't make enough to replace a full time job.

      In theory, I wouldn't want to see it made legal, since I make money off the deal, but, when you factor in that I only ever started with this headache because I saw how much I was spending on flowers. I want nothing more than to have some smoke in my bowl after a days work, I don't make enough off it to care about the money aspect. Its not worth the risk for the money alone, its only worth it because it subsidises my, and my partner's habbits.

      So yes, the majority of use is of that medium usage type by people with jobs or other means of gainful employment. I should know, they are my customers and no different from me, or any of the people I deal with. Are there some career criminals out there? Yup, met some of them too..... but they are.... outliers. Even the people whose supply comes from them down the road, generally don't deal with them directly.

      Seriously, even the guys that people like me get it from are just generally, people who started doing what I am doing and moved on to growing, or had an opportunity to get into shipping/arbitage.

      This is why it is little more than an endless game of whack-a-mole....the entire enforcement paradigm is based on unwarranted assumptions about who the dealers really are and our motives, which, are normally, exactly the same motives as our customers.

      Not only that, but as far as I can tell, for every "junk box" out there (yes our derrogatory name for people who use those "other" drugs) there are a number of people who "tried crack once" or "have done some meth". Even with pot, I have been selling for years and I have met nearly as many people who have smoked pot and didn't like it as I have pot enthusiasts.

  2. This doesn't make sense! by sudden.zero · · Score: 5, Insightful

    Under the same premise a car manufacturer should be liable for assisting in a bank robbery because the thieves couldn't have gotten away so quickly without their ingenious device called the automobile! This is just stupid and the judge that made that poor decision should be shot, hanged, and burnt at the stake!

  3. They created a new problem for themselves... by Anonymous Coward · · Score: 5, Insightful

    He used to work legally, and pay the taxes.

    Now he will have problems finding a job, so he will build secret compartments for drug runners for living, not as a side job.

  4. The rules are simple. by jellomizer · · Score: 5, Insightful

    If you are a small Mom and Pop operations (Under 5 employees) you are going to jail.
    If you are a Small Business (Under 100 Employees) you will get massive fines.
    If you are a Medium Business (Under 1000 Employees) you will get a stern talking to
    If you are a Large Business (1000+ Employees) you are considered an innovator, any misuse of your product is not your fault.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:The rules are simple. by Anonymous Coward · · Score: 5, Insightful

      If you are a Very Large Business (10000+ Employees) you wil be consulted on the draft bill to modify the offending law..

    2. Re:The rules are simple. by Maximum+Prophet · · Score: 5, Insightful

      Yes, but you forgot:

      You are a large bank, the failure of which would cripple the economy. You get a bailout and bonuses for your C level.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    3. Re:The rules are simple. by swb · · Score: 5, Insightful

      And if you are a Pillar of the Economy business (100000+ headcount) you will get to write the law yourself and select who will serve in Congress to implement your law.

  5. Wrong lesson... by jythie · · Score: 5, Insightful

    I think the lesson of this case has little to do with secret compartments. What mainly happened here is the police wanted him to work for them and he said no, so the built a case to punish him. The trial was a joke, the testimony against him was due to plea deals and some of it was physically impossible to be true, and most of it hinged on building up personal dislike by the jury due to his lifestyle.

    He refused to put his life at risk when the police threatened him, and they made good on the threat, even if he was within the law. Being within the law does not matter when they want to get you.

    1. Re:Wrong lesson... by aclarke · · Score: 5, Informative
      The sickest thing about this whole thing is mentioned in this quote:

      [The judge] sentenced Anaya to 292 months in federal prison—more than 24 years—with no possibility of parole. Curtis Crow and Cesar Bonilla Montiel, the men at the top of the organization, received sentences half that length.

      This guy refused to work with the police, so he got over 24 years in jail with no parole. The actual drug dealers got less than half that. How is that remotely just? Maybe the guy has some culpability, but 24 years in jail with no parole? Come on. I hope he's able somehow to appeal with a better lawyer.

  6. 24 Years, No Parole by dcollins · · Score: 5, Informative

    "The judge agreed with McCracken’s harsh assessment. He sentenced Anaya to 292 months in federal prison—more than 24 years—with no possibility of parole. Curtis Crow and Cesar Bonilla Montiel, the men at the top of the organization, received sentences half that length."

    Just to be clear -- the article doesn't reveal the 24-year sentence until almost the very end. Part of the problem is, as usual (see Aaron Swartz) unchecked prosecutors piling on crazy charges to force a plea bargain, and one person who truly believes they didn't do anything wrong, and refuses to take it for principle's sake. End result: epic miscarriage of justice.

    --
    We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
  7. His mistake by Attila+Dimedici · · Score: 5, Insightful

    His mistake was in installing the second "trap" in the other vehicle. He could have legitimately claimed that he agreed to fix the first one out of a sense of responsibility for his workmanship AND fear that the guy would come after him for failing to do so. However, agreeing to the second one made it a clear money grab and it violated the California law. He knew the only way that the guy got that much money was through the drug trade. He should have told the guy that he had compromised his business by showing up with all that money in the "trap" and exposed him to legal liability beyond what he had agreed to.
    I understand why he thought he was skirting the law, but he knew he was skirting the law. Once it went beyond merely knowing in an academic fashion that some of his customers were using his installations in an illegal fashion to having seen evidence (even though that evidence was not by itself enough to convict the customer) that a particular customer was doing so he had crossed the line. He crossed the line of plausible deniability.

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    The truth is that all men having power ought to be mistrusted. James Madison
  8. Re:reductio ad absurdum by h4rr4r · · Score: 5, Insightful

    Actually traps are pretty common for the rich or those who have to go to bad neighborhoods or even countries.

    People keep normal valuables like their wallet, GPS, tablets or laptops in them. The idea is that anything out of sight is out of mind for a crackhead/methuser/dirty cop.

    The guy targeted any buyers. The only reason he is going to jail is that he refused to be a snitch so they built a case to punish him for that.

  9. Re:Gun Makers by gstoddart · · Score: 5, Insightful

    Since when is money an illegal good?

    Having $800K in cash you can't account for is going to get you into the territory of seizure laws, unless you can account for where you got it (and the onus is on you to prove that).

    And, sadly, once he saw it, and reasonably knew what the second one was likely to be used for .. he was screwed. Because either he said nothing and became complicit, or he turned in some shady people who might not be understanding of that.

    If he'd never seen what was inside, and never agreed to make another one, he'd probably have been shielded with "your honor, I have no idea what he kept in there".

    But once he asked if there was anything he needed to worry about, and saw that much cash, and then made another one for them ... well, I feel bad for the guy.

    If I put it in my safe am I suddenly some sort of drug lord?

    Depending on how much cash, if you were found with it you might need to prove it's legally obtained. Trying to deposit $10K or more (or whatever it is) into the bank in cash is going to get flagged as well.

    --
    Lost at C:>. Found at C.
  10. Re:Gun Makers by gstoddart · · Score: 5, Informative

    How the fuck is it anyone's business where I got $800k?

    Ask your government. I'm merely telling you what happens, I'm certainly not defending it.

    The legal process to get your money back is horribly flawed, and they can seize it on suspicion, and it's mostly a cash grab for the agency seizing it.

    However, the fact remains, that if law enforcement finds you with that much cash, they'll likely seize it from you -- and then it will be up to you to prove you obtained it legally in the first place.

    Have you not been paying attention? This has been going on for years.

    --
    Lost at C:>. Found at C.
  11. Re:Gun Makers by MBGMorden · · Score: 5, Insightful

    Indeed. I own several dozen guns - almost all of which I shoot regularly and none of which have ever killed someone.

    As a matter of fact, if a gun is "meant" for killing people, considering that there are approximately 200 million guns in the US and 11,000 gun deaths per year in the US, then even if you consider every single one of those deaths to have been caused by a different firearm (which isn't true, but that's a "worse case scenario"), then every year 99.9945% of those guns are used for something other than what they're "meant" for since they didn't kill anyone.

    --
    "People who think they know everything are very annoying to those of us who do."-Mark Twain
  12. The most effective education won't be allowed by MikeRT · · Score: 5, Interesting

    My school had a few real meth heads when I was in high school. The harm that regular meth did was demonstrable in a way that made DARE completely unnecessary. A lot of students actually avoided meth because they saw the harm it did (damaged intelligence, rotting teeth, misc health issues, etc.)

    Just calling the kid(s) on stage at a pep rally for 5 minutes and saying "kids, this is what regular meth use does. This is why we don't want you to use meth. Now Johnny, Susy, etc. please be seated." would stop 95% of kids from ever doing meth. It's not like a STD or something like that it's so in-your-face and repeatable that only morons (even by teen standards) would think it doesn't apply to them.

  13. Injustice of the drug war by Weezul · · Score: 5, Insightful

    There is broadly applicable principle that laws should not usually yield counter intuitive results. If they do, the odds favor the law itself being unjust. In this case, we're punishing a harmless-but-stupid mechanic for making otherwise legal car customizations only because our perverse drug laws created an unreasonable situation. Also, the DEA and DOJ got pissed that he feared the drug dealers more than them.

    There is ample evidence that drug prohibition causes crime and prevents treatment, making all the DEA agents, DOJ prosicutors, and prison contractors who lobby for unjust intimidating laws wholly responsible for the drug related deaths, addiction cases, etc. All the ridiculous scenarios like asset forfeiture cases or locking up mechanics who make otherwise legal mods flow entirely from the underlying corruption in our prison-industrial-complex.

    There is one small measure I'd suggest that might reduce the problem somewhat : Do not permit federal prosecutors to become federal judges or win primaries for elected office. Any time we hear about a proposed judicial appointment or a new candidate in some race, just google them and find their past jobs. If they were a federal prosecutor, then google more to find if they ever brought charges under the CFAA, DMCA, etc. or if any drug cases stand out as unjust. If so, then make a stink online to help derail their career advancement. If federal prosecutors cannot usually become federal judges or representatives then they'll lose considerable lobbying power over time.

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    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell