America Has An Overcriminalization Problem

by Rory Cripps | October 11, 2009 at 11:29 am

497 views | 57 Recommendations | 21 comments

On the morning of October 28, 2003, armed Federal Agents from the U.S. Fish and Wildlife service raided the Texas home of retiree George Norris. The raid was based on information that Mr. Norris sold a few orchids to an undercover buyer without including corresponding copies of the Convention On International Trade In Endangered Species (CITES) permit.

Mr. Norris, a retired construction worker, developed a passion for orchids throughout the years. He cultivated various types of the flower in his backyard greenhouse, and as a result he was able to supplement his wife Kathy's income. Mr. Norris began to make a name for himself in the orchid world.

For almost five months subsequent to the federal raid, Mr. Norris received no communication from federal authorities. But in early March of 2004, he was indicted on seven counts: one count of conspiracy to violate the Endangered Species Act (ESA), five counts of violating CITES requirements and the ESA, and one count of making false statements to a government official for mislabeling the orchids.

On March 17, 2004, Mr. Norris, then 67 and in frail condition, accompanied by his wife Kathy, voluntarily surrendered to U.S. Federal Marshals in Miami Florida. Mr. Norris was put in handcuffs and leg shackles and was placed in a holding cell with three other arrestees, one suspected of murder and two suspected of dealing drugs.

Mr. Norris initially pleaded not guilty to the charges. However, his original lawyer was not experienced in matters of international treaties, environmental laws, and federal prosecutions. As a result, Mr. Norris hired a more experienced and expensive attorney. Due to the legal complexities of the case, Mr. Norris changed his plea to guilty.

On October 6, 2004, Norris was sentenced to 17 months in prison followed by two years of probation. Mr. Norris reported to the federal prison in Fort Worth Texas on January 10, 2005. He was released for a year in December 2006 while the Eleventh Circuit Court of Appeals considered a challenge to his sentence. He then returned to prison to serve the remainder of his sentence. The Heritage Foundation has reported that prison officials, angered by Mr. Norris' temporary reprieve, threw him in solitary confinement, where he spent a total of 71 days. He was released on April 27, 2007.

George and Kathy Norris' finances have been ravaged as a result of their legal bills. But according to Kathy she, "figured out how to live on as little as it's possible to live on and still keep the house." George Norris, now 71, continues to suffer the indignity of having spent time in a federal prison and being branded a convicted felon.

But the hardest blow, explains Kathy, has been to their faith in America and its system of criminal justice:

I got raised in a country that wasn't like this. I grew up in a reasonably nice part of Dallas, I came from a family where nobody had been indicted for anything, and so had George. And the government didn't do this stuff to people. It wasn't part of anything I ever got taught in my civics books.

That lack of faith is almost visible in George Norris's frailty and fear. "I hardly drive at all anymore," he explained. "The whole time I'm driving, I'm thinking about not getting a ticket for anything…. I don't sleep like I used to; I still have prison dreams." He pauses for a moment to think and looks down at the floor. In a quiet voice, he says, "It's utterly wrecked our lives."

7/22/09 - On Wednesday, July 22, Representative Robert C. “Bobby” Scott (D-Va.), chair of the House Subcommittee on Crime, Terrorism and Homeland Security, convened a hearing on overcriminalization of conduct and over-federalization of the criminal law.

In his opening statement, Chairman Scott posed a series of questions, setting the tone for the day’s hearing:

Do we need to enact more laws at the federal level on a particular subject? That is, is there a valid purpose that is served by creating the crime on the federal level, particularly if it duplicates crimes at the state level? Or would it be better to just provide resources to the states to enforce their own laws?

Echoing these concerns, Rep. Louie Gohmert (R-Texas), subcommittee ranking member, noted, “Part of this trend toward over-federalization and overcriminalization is the growing expectation that comes Congress is the arbitrar of criminal conduct. Unfortunately, Congress has responded to this pressure with zeal…”

Expert testimony was followed by two personal stories about individuals convicted and sentenced for unwittingly breaking the law. The subcommittee heard from Kathy Norris, whose husband spent 17 months in federal prison because he used the wrong paperwork for imported orchids, even though the flowers are legal to grow and own.

The subcommittee also heard from Krister Evertson. Evertson, who had been working on clean-energy fuel cells for decades, legally sold some part of his fuel-cell materials to raise cash. After a series of charges against him by the government and a long legal battle, he was ultimately convicted for allegedly illegally transporting chemicals the half mile from his home to the facility where he stored the material. He was also convicted of improperly disposing of hazardous waste, even though the Environmental Protection Agency (EPA) witness testified that the materials became hazardous waste [only] when the EPA disposed of them. Evertson served 21 months in prison.

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Karl Gotthardt - albertacowpoke

at 11:53 on October 11th, 2009

He got more time than some sex offenders. So much for freedom. If this had happened in GITMO it would have been all over the MSM.

Rory Cripps

at 12:06 on October 11th, 2009

ACP: The plight of Mr. Norris has recently circulated throughout the internet. More than likely as a result of the congressional "Overcriminalization" hearings this past summer. What happened to Mr. Norris can happen to anyone! It is scary to me--and I don't scare easily!

Trade in orchids is regulated chiefly by the Convention on International Trade in Endangered Species (CITES), an international treaty that has been ratified by about 175 nations. Though initially conceived to protect endangered animals, the subject matter was expanded to include flora as well.

CITES classifies species, and the limitations on their trade, in three appendices.

Appendix I species are the most in danger of extinction; importing or exporting them from any CITES country is prohibited, except for research purposes.

The species listed in Appendix II are less endangered and can be traded so long as they are accompanied by permits issued by the exporting country.

Appendix III species are listed by individual countries and are subject to the permit requirement only when they originate in the listing country.

Determining the listing of a plant is not always an easy task. Some species of orchids are listed in Appendix I, and so cannot be traded, and Appendix II covers the remainder. Exporters, however, often have a tough time identifying plants, especially those collected from the wild. The result is rampant mislabeling of orchid species. Usually, this has few consequences, because permitting agencies and customs agents, who tend to focus on animals and invasive species, rarely have the expertise to recognize the often subtle differences between varieties of orchids, especially when they are not in bloom.

Making matters even more complicated, CITES contains a major exception to the tough restrictions of Article I. Article I plants that are artificially propagated are deemed to be covered by Article II and so may be traded. But artificial propagation is not simply a matter of ripping a plant from the wild and breeding it in a nursery. To take advantage of the exception, nurseries must be registered with CITES and obtain a permit from their government to remove a small number of plants from the wild for the purpose of propagation. Then there is the difficulty--and often impossibility--of distinguishing Article I plants raised in nurseries from those collected from the wild.

Rory Cripps

at 12:47 on October 11th, 2009

Generaldecay: Thank you so much! Once upon a time in America, citizens understood the laws and how those laws were applied. It was pretty much cut and dried. In fact, back in the day, the police would let most people slide if they were first-time offenders. Nowadays, the only ones that are cut any slack are the politicians and "too big to fail" corporate executives. The only good that has come of the recent over zealous application of the laws is that whites now have a bit of a taste as to how African-Americans were treated back in the day.

bettermaker (not verified)

at 17:18 on October 11th, 2009

Don't forget beautiful women. They're more likely to be let go.

The_Cynic

at 12:51 on October 11th, 2009

When all they had to do was send him a letter reminding him of his obligations.

Odd world we live in. But please don't think that this is just in the US - this is happening all over the place.

What is more than stupid is that people are paying more and more taxes to bang up people who would normally pay taxes - and are banged up for the privileged. We come back to Barry's piece on common sense, governments don't have any!

1000's of bucks to put this man in prison and 60c for a stamp - quite.

Rory Cripps

at 13:09 on October 11th, 2009

Cynic: Thank you! I couldn't agree more!

The raid occurred in October 2003, but George Norris was uncertain of his fate for the next five months, receiving no communications from the government. On the advice of friends, he wrote a letter to the Miami-based prosecutor who was probably overseeing the case, explaining that he had never imported kovachiis--this was at the time that others were being charged for importing the flower--and asking for a meeting to answer any questions. At the very least, he asked, could the government tell him what he was suspected to have done? After a few weeks, his computer was returned, broken, and Norris resumed business as best he could, taking orders and showing off his plants at shows.

a211423

at 14:55 on October 11th, 2009

Rory

Heritage reported that Mr. Norris wrote a letter to the prosecutor. This could have been the beginning of an over zealous prosecutor looking for a case for whatever reason. Prosecutors are elected and because of this their motivations have been called into question in the past.

Rory Cripps

at 13:33 on October 11th, 2009

Roy:

This is quite an amazing case.

It certainly is isn't it?

Barry ORegan

at 14:03 on October 11th, 2009

American criminals also seem to have a persecution complex like in Canadia

a211423

at 14:11 on October 11th, 2009

The Endangered Species Act that includes flora should be primarily intended to protect endangered native plant species in the wild. I do not understand the reasoning behind having species grown by an individual or in a nursery be covered under an Act that is suppose to protect the natural environment from be depleted. If anything, domestic reproduction of these endangered species should be welcomed, if propagation is done through seed collection of stands that is regulated by state laws. In California, native plant seeds can be collected if rules and regulations for gathering are followed to prevent stripping of plant stands and the disruption of eco systems.

What happen to Mr. Norris is a travesty. It is hard to believe a judge would even hear this case based on the fact that Mr. Norris mistakenly used the wrong paper work when selling orchids. Why is the Fish and Wildlife sending undercover people to investigate people selling orchids? Is it possible there is more to this story than we know? How can prison officials get away with putting him in solitary confinement arbitrarily for no reason?

Stories like this cast a shadow on the important work the Fish and Wildlife people are actively doing to protect our environment:

The Mission of the U.S. Fish & Wildlife Service:
working with others to conserve, protect and
enhance fish, wildlife, and plants and
their habitats for the continuing benefit of the American people

Rory Cripps

at 16:28 on October 11th, 2009

a211423: Thanks for your thoughtful comment!

Is it possible there is more to this story than we know? How can prison officials get away with putting him in solitary confinement arbitrarily for no reason?

When I researched this story, I had the same questions. At this point, I have no answers other than Mr. Norris was a victim of circumstances and perhaps he was an easy mark for the Feds--i.e., just an average American citizen and therefore someone that the Feds could make an example out of without raising a red flag and causing a big stink. This international treaty stuff is a double-edged sword. If some government official in some backwater country sends word out to the right American politician anything is possible--and that includes throwing American citizens in federal prison on trumped up charges.

The MO of the Feds is quite clear here. They'll arrest anyone if it suits their purposes and they'll make the charges stick. Unlike the local police, the Feds can get away with virtually anything. The Feds are completely and totally corrupt in my opinion and more Americans need to wake up to that fact . . . .

a211423

at 17:58 on October 11th, 2009

Local governments can be just as corrupt as any other form.

http://www.amazon.com/Grind-Shane-Scully-Novel-Novels/dp/0312366280/ref=sr_1_13?ie=UTF8&s=books&qid=1255312494&sr=8-13

The small town corruption and rogue police department Mr. Cannel writes about is based on a real city where events like this have taken place.

Rory Cripps

at 18:06 on October 11th, 2009

a211423:

Local governments can be just as corrupt as any other form.

Yeah! I know! I grew up in New York City during the 60s and 70s! But they don't have anywhere near the amount of juice and resources that the Fed has.

nanute

at 14:15 on October 11th, 2009

This is a tragic story. Just wait until you see the revisions to the Patriot Act.

Rory Cripps

at 15:42 on October 11th, 2009

nanute:

Just wait until you see the revisions to the Patriot Act.

What the hell is that all about? Given the new administration, my guess would be that provisions of the Patriot Act would be scaled down . . . .

158

at 14:32 on October 11th, 2009

A good report on a tragic story.,

Rory Cripps

at 14:51 on October 11th, 2009

158: Thank you so much! It's sick out there and getting sicker! And probably none of us would have heard about this story had it not been for this summer's recent congressional hearings on "Overcriminalization" in America.

ranter22 (not verified)

at 16:09 on October 11th, 2009

I wonder if there were any orchids in Japan on the day the Big a Bomb hit Heroshima and Nagasaki. If there were any there there will, probably never be anymore. Can they sue?

TiredDem

at 16:23 on October 11th, 2009

I think a "Cease and Desist" order would have been more appropriate than 17 months of prison for an elderly, retired gentleman.

In truth, Mr. Norris was doing a service to the world by propagating beautiful and endangered orchids. Imagine a person or company recreating the carrier pigeon, thylacine, stellar's sea cow, dodo, or Caspian tiger only to be imprisioned for having manipulated the genetic material of greatly endangered (extinct) animals.

I wonder if the drug dealers that were in jail with Mr. Norris served 17 months in prison, or any time at all for that matter.

René

at 16:33 on October 11th, 2009

Can you just imagine the intros in prison?

"Waddaya in here for?"

"Selling orchids I grew."

"Ya jokin'?"

Rory Cripps

at 16:46 on October 11th, 2009

Rene: HA! You hit the nail on the head!

On March 17, 2004, Norris and his wife flew to Miami, where he voluntarily surrendered to the U.S. marshals. The marshals put him in handcuffs and leg shackles and threw him in a holding cell with three other arrestees, one suspected of murder and two suspected of dealing drugs.

Norris expected the worst when his cell mates asked him what he was in for. When he told them about his orchids, they burst into laughter. "What do you do with these things, smoke 'em?" asked one of the suspected drug dealers.