A honest businessman and his associates face 8 years in prison for importing Lobsters in plastic bags instead of cardboard boxes

Robert D. Blandford,
et al.,
Abner Schoenwetter, and Diane Huang
- Case - No. 03-627 -

- A HONDURAS LOBSTER TAIL CASE -



Dear Supporter;
We would like you to join in our fight against draconian sentences of eight years - one month and to help undo the severity of the sentence we received for importing Honduras Lobster Tails, a non-endangered species, packed in clear plastic bags as opposed to cardboard.

A horrible miscarriage of justice in a case involving four individuals whose sole business was Fishing, Importing, Processing, and Selling of Lobster Tails (not listed on the government's endangered species list) from Honduras. Sales were made to several companies among them Red Lobster Restaurants. The period of the alleged "crime" was from 1995 through to early January 1999. The trial eventually produced sentences for three of the defendants to eight years - one month, and two years to one other defendant. Involved are three Americans along with one Honduran National, David Henson McNab, who has been incarcerated for more than two and one-half years. Sentence levels were attained by trumping up the charges to criminal and adding; Money-Laundering, Smuggling, Conspiracy, and Obstruction of Justice for four defendants who had no Criminal background whatsoever. The government was able to elevate the charges because of the way in which the Lobster Tails were packed when imported, (clear-plastic bags as opposed to cardboard boxes). All of these charges were applied in spite of the fact that every shipment cleared FDA and U.S. Customs.

The victims were charged with violating a Honduran resolution that both the Honduran Lower Court and later their Supreme Court agreed never existed. They both stated that Resolution # 030-95 NEVER had the form of law, and was declared of nullity. The Justice Department and National Marine Fisheries Services (NMFS) investigated for violations of Honduran Law in order to apply Lacey Act charges against defendants. In other words, defendants business of importing Lobster Tails never violated United States Law. The government's continued pursuit of this vexatious and over-zealous prosecution has had a "chilling" effect, and has left a shameful "stain" on America's Judicial System. Even a letter from Dr. Leiva, the Attorney General of Honduras to John Ashcroft saying that Honduran Laws were NOT violated, drifted on deaf ears at the U.S. Justice Department.

The support the defendants have had in this case reads like a who's who among the legal profession in America. They all agree that the government in their desire to win has created a grave injustice against ordinary people that had NO Criminal intent, and no reason to know about some supposed and obscure law of Honduras (mens rea). The case started in the Federal District Court of the Southern District of Alabama all the way through the Eleventh Circuit Court of Appeals (2 to 1 vote against), finally reaching the U.S. Supreme Court where cert was denied on February 23, 2004.

We start with the Honduras government and their Embassy in Washington who began support in the Eleventh Circuit and again in the Supreme Court with Seth Waxman. Miguel Estrada represented one of the codefendants, while the Washington Legal Foundation and the firm of Kirkpatrick and Lockhart represented three other defendants. The defendants had amicus support from National Association of Criminal Defense Lawyers (NACDL), Heritage Foundation, National Association of Manufacturers (NAM), The National Federation of Independant Business (NFIDB), and the National Wilderness Institute (NWI). In addition, there was plenty of media articulating the unnecessary judicial burden placed on ordinary American citizens when, if anything, this case could have been resolved with civil fines; names like Paul Rosenzweig, Ellen S. Podgor, Dr Paul Craig Roberts, Tony Mauro, Howard Bashman and other brilliant legal minds

The majority at the Eleventh Circuit Court of Appeals affirmed the conviction based on their speculation that the Honduran government "shifted" its position after trial inferring that the Honduras government had somehow been influenced.

The majority had no evidence whatsoever of this so-called "shift" and the only government witness recanted her testimony post trial. Judge Peter Fay (appointed by Nixon in 1976) provided a twelve page compelling dissent in which he gave credence to the Honduran government's position taken in their amicus brief, where they declared that NO LAWS had been violated. Since when do judges make the law rather than simply interpret them?

Ladies and Gentlemen, good Americans cannot allow these injustices to remain unexamined or uncorrected. We Americans cannot allow our Justice System to lie in disgrace instead of what it stands for; liberty and justice for all. We Americans cannot allow our Judicial System to simply disregard a foreign nations right to sovereignty and their ability to interpret their own laws. After the Eleventh Circuit Court of Appeals failed to give Judicial deference to Honduras, the United States Supreme Court denied certiorari. This decision, however, would seem to go against several of the Justices positions in their recent public speeches;


Justice Sandra Day OConner:
"She has been heard at several functions and in several interviews expounding on how the U.S. Supreme Court should be considering foreign precedent more often in its decisions". Justice OConner, Ignoring American Law?
Warner Todd Huston, 11/06/03, of The American Daily

Justice Ruth Bader Ginsburg:
Our island or lone ranger mentality is beginning to change, said Justice Ginsburg. Judges are becoming more open to comparative and international law perspectives. The implication of this is that judges, should they not like the body of American law and opinion, should feel free to see what other countries do and think. Your perspective on constitutional law should encompass the world, she told assembled convention. We are the losers if we do not both share our experiences with and learn from others.

Justice Anthony Kennedy:
"I do think federal judges who depart downward are courageous," Kennedy told the House Appropriations Committee during a hearing on the court's budget. Judges should not have to "follow, blindly, these unjust guidelines," he said...... Gina Holland

Associated Press - Mar. 18, 2004



President Bush has always maintained that the support of small business is vital to the economy and represents the backbone of America.

The public has been outraged with white-collar crime involving huge sums of money maliciously ravaged by a few of the upper echelon of corporations in America. These crimes serving to line the pockets of a chosen few, do so much damage to many, stealing employees of their retirement and shareholders of their investment. These four defendants, one currently incarcerated, three awaiting instructions to report to Prision are nothing more than hard-working people whose lives along with their family, friends, and associates have been destroyed emotionally and financially for no reason whatsoever. It is criminal that we in America stand-by tolerating, while witnessing the destruction of the lives of families. This injustice has no place in America. In today's real world we have enough to do to stand out of harms way and to protect America and preserve its morals. This is simply not a path to that end. America is and has always been guided by very patriotic and great leaders; but what would our forefathers say about this kind of injustice?

Thank you for listening, thank you for acting, thank you for your signature and support.

Respectfully yours,

The Defendants,

Blandford, Schoenwetter, and Huang