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v STOUFFLET
CASE 1:08‐CR‐00082
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U.S. v STOUFFLET
CASE 1:08‐CR‐00082
“furthered” the business.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
These “legal invoices”
unequivocally disproves the
governments Conspiracy theory.
(the gov. “case‐in‐chief”)
THERE IS NO EVIDENCE OF A
CONSPIRACY
Did Stoufflet “conspire” to “COUNT FIVE 2002 Forensic Accountant Ted
commit money laundering (Conspiracy to Launder Money) Robertson (former IRS Agent
Beginning on or before February 13, Criminal Division) was hired to
2002, the exact dates being perform a independent financial
unknown, and continuing until in or investigation. His investigation
about December 2003, in the uncovered no wrongdoing. This
District of Georgia and elsewhere, investigation remains concealed.
CHRISTOPHER STOUFFLET and ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
TROY SOBERT, defendants herein, did Financial Crimes Consultants for
knowingly combine, conspire, the government William Bruton
confederate and agree, together, and and Jerry Culver met with
with others known and unknown to Stoufflet’s CPA’s and no found
the Grand to commit certain offenses wrongdoing.
under Title 18, united States Code, ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Sections 1956 and 1957, as follows:” The government knew the
etc… business was structured and
(see Doc. 1 08/08/2006).. operated under the direction of 3rd
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ party independent accounting
“COUNTS SIX THROUGH THIRTY‐ONE firms. These firms supervised all
( Promotional Money Laundering) financial transactions.
COUNTS THIRTY‐TWO THROUGH ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
FORTY‐EIGHT Mr. Bruton met with Mr. Ted
(Transactional Money Laundering)” Robertson on 03/04/2004 (details
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ of meeting not disclosed)
“Defendant CHRISTOPHER ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
STOUFFLET was the majority Lead attorney for Stoufflet’s
shareholder, owner, operator, business was Wilmer Parker,
corporate officer, and/or director of widely recognized as an expert in
businesses located in the Northern money laundering affairs.
District of Georgia, that operated
websites through which the NO EVIDENCE EXIST OF MONEY
defendants distributed and LAUNDERING OR ANY ATTEMPT
dispensed controlled substances and TO HIDE OR CONCEAL FUNDS AT
other prescription drugs, and ANY TIME.
laundered the proceeds thereof.”
(Doc. 1 08/08/2006)
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
“Because Defendants’ other
challenges fail, Counts 5‐48, which
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U.S. v STOUFFLET
CASE 1:08‐CR‐00082
allege various money laundering
violations, must also be upheld.”
(Doc 149 F03/14/2007)
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
“Count Five charges the
defendants Christopher Stoufflet
with conspiracy to money launder,
18 U.S.C. § 1956(h); Counts Six
through Forty‐Eight charge
defendants Christopher Stoufflet
with promotional and transactional
money laundering, 18 U.S.C. §§ 1956,
1957;”
(Doc 217 02/28/2008)
To what extent were the “Given that good faith defenses such Stoufflet engage lawyers and
lawyers involved in as advice of counsel and mistake of sought their advice on all
Stoufflet business law are not available to defendant important maters
Stoufflet and the other defendants as
to the vast majority of the conduct The extent the lawyer’s were
charged in the Indictment, this Court involvement exceeded the
should preclude evidence and “rendering of legal advice,” they
argument of such defenses under engaged in transactional work
Rules 401, 402, and 403 of the that, by definition, they structured
Federal Rules of Evidence.” the transactions which the
(Doc 217 02/28/2008) government alleges “illegal.”
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
“Second, Defendant should not be
permitted to withdraw his plea to
present evidence regarding his
attorney advice because advice of
counsel is legally irrelevant to the
crimes charged. “
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
“Because the government need not
establish whether the Defendant
intended to violate the law, whatever
advice of counsel he may have
received is simply irrelevant to the
Defendant’s culpability.
Third, even if an advice of counsel
defense were relevant to the charges
here, the Defendant factually has no
such defense available.”
(Doc 19 03/20/2009)
Did Stoufflet unlawfully “Counts Two through Four charge Stoufflets’ business contracted
“distribute & dispense” defendant Stoufflet and defendant‐ with numerous licensed U.S.
the “controlled doctor Vladimir Andries (Count 3) PHARMACIES that “possessed,”
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U.S. v STOUFFLET
CASE 1:08‐CR‐00082
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U.S. v STOUFFLET
CASE 1:08‐CR‐00082
that the business invite a criminal The lawyer’s involvement exceeds
sanctions, and that the longer the the rendering of “legal advice;” as
business operated, the more likely a they structured the transactions
criminal action would a result.” the government has deemed
[GOV’S OBJECTIONS STOUFFLET PSR 10‐20‐ illegal.
2008] ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Former Federal Prosecutor Buddy
Parker had instructed all the
lawyers to pass things by him for
final approval.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
A letter that discussed possible
“criminal sanctions” sent and
discussed amongst Stoufflet’s
lawyers. The lawyers continued to
supply Stoufflet with updated “key
legal contracts” used in the
furtherance of the business.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Stoufflet believed he was receiving
“clear and unmistakable advice”
from the lawyers.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
During the time the alleged
criminal activity was occurring
more the lawyers became involved
and the depths of their
involvement increased.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
At no time did any lawyers
“withdraw” from providing legal
services. (Lawyers are required to
withdraw from activity they deem
illegal.)
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
10/26/2009: ATTORNEY DON
SAMUEL STATED:
“ I agree with you that the
"dangerou" or "red flags" letter
may have "been insufficient, as a
matter of legal advice. But it does
show, unequivocally, I think, that
they knew exactly what your
company did and continued to bill
you every hour, knowing what you
were doing. I have always thought
this was a very strong point on
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U.S. v STOUFFLET
CASE 1:08‐CR‐00082
your side. After all, if they thought
what you were doing was flat‐out
illegal, they would not be allowed
to continue to bill you on an
hourly basis, in the same way that
a lawyer cannot provide legal
services to a heroin or cocaine
distribution business on an
ongoing basis. The fact that they
continued to bill you shows that,
at least to some extent, they
viewed you as being involved in a
legitimate business, even if it was
somewhat "dangerous" (or
whatever you want to call it)”.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
10/27/2009: SAMUEL STATED :
“I understand your point yesterday
that the lawyers were, for all
practical purposes “in on it” in the
sense that they profited from your
business, knowing exactly what
you were doing.”
Was Stoufflet “put on “Rather, the applicability of § On 06/24/2008 the DEA stated
notice” that his conduct 1306.04 to the present case shows before Congress that putting every
was illegal that the Defendants were put on on notice was one of the reasons
notice that their activities were illegal to enact a new law.
through not only the statute and the
case law interpreting it, but also by a “That's very important; puts
specific regulatory provision.” everybody on notice that this is
what is expected.”
“Finding examples of such “specific (RANNAZZISI, DEA DEPUTY
facts” is not difficult, further ASSISTANT ADMINISTRATOR)
undercutting the Defendants’
argument that the standard is
too vague to follow or provided
insufficient notice.”
[Document 149 03/14/2007]
Where the medical “In turn, Defendant’s website gave Stoufflet paid doctors to formulate
questionnaires used in physicians cover by having the the medical questionnaire for the
Stoufflet business customers complete a bare‐bones website
sufficient “medical questionnaire”, and by ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
having customers agree that FDA Special Agent Paul Southern
they had read forms which purported told Stoufflet his business was
to remove liability from Defendant’s complaint.
business and the physicians. (Id.) “The Affiant told Stoufflet that
Particularly illustrative of the sham, based upon the information he
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CASE 1:08‐CR‐00082
Defendant’s “medical questionnaire” provided the Affiant, his operation
not only suggested the answers appeared to be in compliance with
customers should provide to receive FDA laws and regulations in
their diet drugs, but even went so far that a physician was personally
as to permit customers to change reviewing the questionnaires
their information, such as their (sic) and personally signing the
height and weight, until they met the prescriptions.”
qualifications disclosed on the (See Application and Affidavit for
questionnaire. (Id.) Unsurprisingly, Search Warrant)
given the design of his website,
Defendant’s customers received well
over 95% of the drugs they ordered.”
(Doc 19 03/20/2009 Page 2)
Did the doctors “The doctors who distributed the Stoufflet had doctors available at
communicate with the controlled substances did not all times to answer questions.
customers meet nor speak with the customers, Payment for this time was
nor was customer information separate and in addition to the
confirmed, other than the validity of time spent reviewing request for
the customers’ payment prescriptions
information.”
(Doc. 149 03/14/2007 Page 2) Doctors were encouraged and had
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ the ability to communicate directly
“Even if the CSA, related case law, with the customers at all times.
and § 1306.04 do not outline all of
the potential ways in which As discussed above, verifications
illegitimate prescriptions can be were performed and every Order
recognized, the conduct here, request was securitized
authorizing thousands of orders of
controlled substance drugs
to people Defendants never saw,
touched, examined, talked to, or had
any reason to believe were who they
claimed to be, lies far from any
possible vague grey area.”
[Document 149 03/14/2007]
Did Stoufflet misbrand the “Counts Forty‐nine Stoufflet at no time have
controlled substances through Fifty‐one charge Christopher possession and was incapable of
Stoufflet with misbranding causing a “controlled substances”
drugs while held for sale after to be misbranded. All
shipment into interstate commerce,” prescriptions were authorized by
(Doc 217 02/28/2008) licensed medical doctors.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
“Further, because none of the All prescriptions were issued in
Defendants challenge Counts 49‐51 compliance with the DEA and FDA
of the Indictment, these counts, prescribing guidelines.
alleging violations of the Food,
Drug, and Cosmetic Act, must stand.”
(Doc 149 F03/14/2007)
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CASE 1:08‐CR‐00082
faith
“advice of counsel” cannot be
asserted to the crimes he is
charged of violating.
This puzzling contradiction of
terms is unfounded and unfair.
Was the 72‐hour deadline “Contrary to Defendant’s The fact that the government
to plead guilty set to insinuations, the United States was informed Stoufflet on Friday
expire before the Court unaware when the Court might rule (February 29, 2008) and set the
would rule on the Motion? on the government’s motion, deadline on Monday (March 3,
whether prior to the plea deadline or 2008) to plead guilty is significant.
even prior to convening trial.” (There was no reason the Judge
[Footnote 5 Doc. 19 03/20/2009 Page 23] was not going to rule over the
weekend, strongly suggesting this
was a strategic decision to induce
an involuntary guilty plea.)
What was Stoufflet After a search warrant was issued
employees told at the business, the lawyers met
with the staff and approved the
staff to return to work
Did Stoufflet take Stoufflet spent hundreds
precautions to minimize thousands of dollars in software to
potential abuses prevent diversion and abuse.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
At his own expense, he provided
the pharmacies that dispensed the
controlled substances with
security bags. These see‐through
bags that contained the
“controlled substance” and each
bag had WARNING LABELS
attached. The terms the consumer
agreed to when they requested
the prescription were attached
and .the customer were provided
an opportunity to return the
product at no cost if they did not
agree t the terms.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Signatures upon delivery of the
controlled substances were
mandatory.
Did Stoufflet business Due to extensive screening,
decline orders for thousands of Orders were
“controlled substance” declined
Was anyone harmed from To date Stoufflet has no
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CASE 1:08‐CR‐00082
Stoufflet’s business knowledge of any victims nor is he
aware of any no complaints
Did Stoufflet follow the EXAMPLES of Stoufflet’s
advice he received from compliance with the legal advice
the lawyers received:
¾ Lawyers instructed him to
cease doing business in
Nevada [complied]
¾ November 2003: Lawyers
instructed him to discontinue
offering consumers the ability
to request controlled
substances [complied]
¾ Lawyers instructed him to
discontinue business
operations [complied]
Did Stoufflet have any At no time during all the years
knowledge that there was Stoufflet sought legal advice from
a possibility he could not many lawyers was he inform a
utilize the legal advice he possibility existed that could
received subject that legal advice to
admissibility issues.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Even 16 days prior to trial, [see
02/12/2008 email] attorney Don
Samuel did not warn Stoufflet his
“advice‐of‐counsel” defense was
problematic for him.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
The fact that the Government
requested early Discovery of
Stoufflet “advice‐of‐counsel”
evidence so they could properly
prepare for trial, Stoufflet was
required to waive the attorney‐
client privilege and disclosed all
the “work‐product” he received
from his lawyers.
The government had full access to
Stoufflet materials and analyzed
for approx 4 months.
It was not until 10 days before trial
and after seeing all his evidence
that the government barred
Stoufflet from using it.
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