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Libertarian Party, 30 Jan 2002
Indiana LP member's business raided for selling products that aren't illegal
by Jonathan Trager
LP NEWS STAFF WRITER
A Libertarian Party member is vowing to rebuild his company -- and his life
-- after federal drug agents raided his business, seized his property, and
froze his bank accounts worth almost $1 million.
"I am devastated by the whole situation," said 46-year-old Mark Niemoeller.
"I have never had a run-in with the law before. I am beside myself."
Niemoeller operates a mail-order business from his homestead in rural
Columbus, Indiana.
His company, "JLF Poisonous Non-Consumables," offers herbal products,
botanical materials, fragrances and chemicals at its website,
www.jlfcatalog.com.
And everything that JLF sells is legal, said Niemoeller.
"I may stock unusual products, but everything I sell can be bought and sold
on the open market in this country," he said. "Nothing in my inventory is
illegal, so this is a very strange situation."
On the morning of September 7, Niemoeller said he awoke to a "constant
pounding" on his front door. Upon opening it, a swarm of Drug Enforcement
Agency and Food and Drug Administration agents barged into his home with a
warrant to search the premises.
"I was extremely nervous," he said. "My mouth was dry, and I was shaking a
little. I have never had a run-in with the law before."
Within minutes, Niemoeller said agents had loaded his two computers and
business paperwork into his van, as well as more than 40 gallons of oils
and chemicals in his inventory.
The bulk of the seized products were sassafras oil, and 1-4 Butanediol, a
legal substance analogous to the drug GHB. GHB was added to the federal
controlled substances list in 2000.
The agents informed Niemoeller they would be filing criminal charges
against him for violating federal controlled substance laws -- and drove
off in his vehicle.
After the raid, Niemoeller tried to hire an attorney to help him reclaim
his property. However, he quickly discovered the government had frozen his
bank accounts, rendering him unable to afford legal representation.
One of the frozen bank accounts had more than $750,000, said Niemoeller --
the bulk of the business profits he had saved over the course of 15 years.
"It felt like I had been raped," he said. "I can't very well put on a
defense without any money. I don't know where to go or what to do from
here. I feel like I'm trapped in a nightmare."
And Niemoeller isn't the only one trapped in this Drug War nightmare.
Steve Dillon, a Libertarian attorney who specializes in drug cases, said
Niemoeller's story is just one example of how the federal government is not
only arresting Americans for illegal drugs such as cocaine, marijuana, and
methamphetamines -- but is increasingly targeting individuals for
possession of "almost-illegal" items.
For example, Dillon and partner Ross Thomas have represented a wholesaler
of pipes and bongs who had millions of dollars seized by federal agents in
the summer of 2001. The charge: That such products could be used to consume
an illegal drug.
They also represented an individual who was arrested for possessing
batteries and ephedrine pills -- both of which, while completely legal, can
be used to manufacture illegal methamphetamine.
In addition, in October, the Drug Enforcement Administration ruled that
consumer products made from hemp -- such as clothing, snacks, nutritional
supplements, toiletries, and bird food -- are illegal if they contain even
minuscule, trace amounts of THC, the active ingredient in marijuana. The
DEA also said it may ban hemp products like hand cream, soap, and shampoo.
"Since [John] Ashcroft took over as the U.S. Attorney General and [Asa]
Hutchinson took over as the head of the DEA, crackdowns such as these have
become more common," said Dillon. "The federal government knows that public
support for the Drug War is rapidly fading, and they are determined not to
let it die."
However, Dillon said the Niemoeller case is exceptional, given the
"unusual" nature of the items involved.
A typical item in Niemoeller's catalog is the Amanita Muscaria mushroom,
which does not contain the schedule I drug psilocybin, unlike other
mushroom varieties.
Other "borderline" items in the JLF catalog include opium poppy seeds, and
mushroom spore kits. Each could be used for illegal purposes, but both are
exempt from the federal controlled substance lists.
And everything he sells comes with warnings that items should not be
ingested, said Niemoeller.
"I make it clear that the products are to be used as potpourri, incense,
religious sacraments, or for scientific or research purposes," he said.
"The name of the business is JLF Poisonous Non-Consumables, for God's sake."
In 1998, however, federal agents began to investigate JLF after receiving a
letter from a parent whose daughter died after ingesting one of
Niemoeller's products.
According to the case discovery papers, agents started ordering products
from Niemoeller's catalog, keeping careful records of the transactions.
The investigation culminated on September 6, when a U.S. magistrate signed
a search warrant permitting agents to search Niemoeller's premises within
the next 10 days.
"They tell me my property hasn't been forfeited -- only seized," said
Niemoeller. "Is that supposed to make me feel better? I don't have access
to it and they haven't told me how I can get it back, so it's all the same
to me."
Niemoeller said he posted a letter on his website immediately following the
raid, feeling an obligation to give his customers an honest explanation for
why orders were delayed or unable to be filled.
Consequently, business sales are down by about 90%, said Niemoeller.
"No one wants to deal with someone whose business is under investigation by
the government," he said. "Can you blame them? Customers that I've had for
years have just up and deserted me."
By January, Niemoeller still had not had any of his property returned to
him -- even though he had not yet been formally charged with a crime -- and
said he would continue to search for a new attorney who would help him
retrieve his property on a pro-bono basis. If he doesn't find one, he said
he will have to continue to "fight the system" on his own.
"I'm not going to give up, that's for sure," he said. "The government
hasn't completely shut me down yet, and I'm not going to let them get away
with stealing my property. This is America."
http://www.lp.org/lpnews/0202/drugraid.html
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