Legal chat: Are we co-conspirators?

Private prosecutions under federal law are allowed under certain federal acts, but they are still rare. Many states have banned private prosecutions by law or through case law, but some states still allow some concept of private prosecution, which actually just means that a person can file a complaint, affidavit or other such document with a magistrate who can then decide whether it should proceed. Even then, a public prosecutor then takes over and can do whatever with the case, including tossing it. So, the simple answer is: Mostly no, not in a meaningful way and only in a few rare instances.
Good to know! Sort of similar here. They pretty much never went anywhere but I guess, at least here, someone could throw spaghetti at the wall and try a private prosecution related to glp1s (and likely fail lol).

The most painful civil cases I worked on in my career were against people representing themselves pro se. I think that's probably true for most lawyers who have done some litigation.
Literally the worst. And I went up against pro se individuals all the time and I just absolutely dreaded it. So painful.
 
I've actually won a case against a party represented by trained lawyer 'pro se' - case went to trial and I was representing myself. That was fun. I was the defendant.
 
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I've actually won a case against a party represented by trained lawyer 'pro se' - case went to trial and I was representing myself. That was fun. I was the defendant.
That’s pretty embarrassing for the lawyer!

I don't do litigation anymore, but I was 25-0 versus pro se litigants. Admittedly, some of those litigants were prisoners or half-crazy, or both.
 
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I've actually won a case against a party represented by trained lawyer 'pro se' - case went to trial and I was representing myself. That was fun. I was the defendant.
Good job. A friend of mine, a nonlawyer, defended himself in a civil case. He "lost" in that the plaintiff, represented by the biggest and most expensive law firm in town, managed to secure a verdict for a small amount in damages but a large amount in attorney fees. My friend then represented himself on appeal and managed to have the attorneys fees award overturned. It's rather embarrassing when the biggest law firm in town loses on appeal. In defense of the law firm that lost, I'll acknowledge that my friend was an unusually bright person in a great number of areas including law.
 
That’s pretty embarrassing for the lawyer!

I don't do litigation anymore, but I was 25-0 versus pro se litigants. Admittedly, some of those litigants were prisoners or half-crazy, or both.
Pro se inmates are a PITA to litigate against, not because their claims have merit, but because they bring pure chaos by throwing everything at the wall and hoping something sticks -- and you still have to respond to it.

Ugh, don't miss that at all.
 
I've actually won a case against a party represented by trained lawyer 'pro se' - case went to trial and I was representing myself. That was fun. I was the defendant.
A lawyer representing themselves has a fool for a client, as they say.
 
Private prosecutions under federal law are allowed under certain federal acts, but they are still rare. Many states have banned private prosecutions by law or through case law, but some states still allow some concept of private prosecution, which actually just means that a person can file a complaint, affidavit or other such document with a magistrate who can then decide whether it should proceed. Even then, a public prosecutor then takes over and can do whatever with the case, including tossing it. So, the simple answer is: Mostly no, not in a meaningful way and only in a few rare instances.

Then there's also the qui tam provisions of the FCA, albeit a civil "prosecution."
 
I was just on discord talking about the implosion of the CZGB. The organizer says she’s receiving threats, so she shut the whole thing down and refuses to talk to anyone “upon advice of counsel.” I feared this would happen when people started getting angry about how slow she was to communicate and ship. Then the “no peptide” vials hit and calls to “report her” became more frequent.

I am of the mind that we at the very bottom of the supply chain are complicit in the crime of smuggling illegal goods because we commissioned it with our cash and our orders. Others say we are blameless because it’s not illegal to use or possess peptides. I think it’s about intent, in a legal sense. I am of the view that we should support the organizer, no matter her personal failings, because she is only doing (however badly) what we asked her to do. We didn’t want the risk, so we paid her to take it for us, for a fee. Is that not conspiracy?
The laws prohibiting the sales, distribution, and importing of unapproved drugs are designed to protect the users. Even Eli Lilly will acknowledge that the law against use of unapproved drugs is for the purpose of protecting the users, not Eli Lilly. It is frequently the case that victims of crimes have done something to encourage it. Nonetheless, they generally cannot be prosecuted for the crime even under a conspiracy theory. A victim of statutory rape, even if the initiator, cannot be prosecuted based upon conspiracy law. See In re Meagan R. (1996) 42 Cal.App.4th 17, 19; People v. Buffum (1953) 40 Cal.2d 709, 722-723. Nor may a person who pays a ransom to secure the return of a family member be prosecuted for conspiracy. The Mann Act punished the transportation of women for purposes of prostitution. Could a woman who was transported, with her consent and knowledge of what she was expected to do, be punished a conspirator to the crime? The United States Supreme Court said no. "[C]riminal transportation under the Mann Act may be effected without the woman's consent as in cases of intimidation or force (with which we are not now concerned). We assume, therefore, for present purposes . . . that the decisions last mentioned do not in all strictness apply.[Fn.] We do not rest our decision upon the theory of those cases, nor upon the related one that the attempt is to prosecute as conspiracy acts identical with the substantive offense. [Citation.] We place it rather upon the ground that we perceive in the failure of the Mann Act to condemn the woman's participation in those transportations which are effected with her mere consent, evidence of an affirmative legislative policy to leave her acquiescence unpunished. We think it a necessary implication of that policy that when the Mann Act and the conspiracy statute came to be construed together, as they necessarily would be, the same participation which the former contemplates an an inseparable incident of all cases in which the woman is a voluntary agent at all, but does not punish, was not automatically to be made punishable under the latter." Gebardi v. United States (1932) 287 U.S. 112, 122–123.

As to distributing or selling "research peptides," I'd recommend anyone who wants to avoid getting in trouble with the law to avoid doing those things. It may be possible to do things in the US without violating any criminal laws. However, it seems like a dangerous minefield.
 
I have so many questions, all of which would probably show that all of my legal knowledge comes from television and James Patterson novels.

My thought would be, could EL or NN try to argue, with the prices being upwards of 1k/mo, that people selling are stealing money people would have spent with them?

Big companies can be petty. Like with the whole Disney arguing that a case has to go through arbitration because someone used Disney plus thing.
I've seen many cases involving imported and adulterated foreign pharma products; those matters are not pursued by the "legit" pharma companies but by regulators in some other context.

For example... a med spa charging Medicare or Medicaid for bimatoprost (brand name Latisse) claiming it's for glaucoma treatment when it's really for cosmetic purposes of eyelash growth, and using the non-FDA version imported from India for a fraction of the cost of the FDA approved version with an NDC distributed by a licensed U.S. distributor. That's Medicare/Medicaid fraud. And that's a crime. And in theory, USAOs and OIG-HHS might be motivated to pursue a med spa if the exposure is great enough, as Mr. Tang explained. But usually not. Instead, they refer them to the state's licensing authority. They would never -- NEVER -- go after that med spa's customers/patients as so-called "co-conspirators." They'd consider them "victims," if anything.

But if that same med spa wants to sell a customer that same bimatoprost for cash and discloses to the customer that it's the foreign India version and not the American version, worst thing that's going to happen to that med spa is they lose their license. Because it isn't actually fraud because they're disclosing what the product actually is and its source. That's the closest analogy to the China vendors in this instance. And they've got no license to lose. And again, neither the Feds nor the state are going after those customers.

Most of the med spas getting in trouble for "counterfeit" meds are getting in trouble for fraud, because they've represented to their customer-patients that it's the real thing, whether name brand or actual compound (instead of reconned peps), and those patients ostensibly relied on those representations in handing over their money.
 
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This is not a 1:1 comparison at all, but I can expand on some related import / buy / sell nuances.

Obviously I don't want to get too specific, but I've been involved in investigations (in a civil capacity) for various luxury brands that pursue counterfeiters of their IP in China and the U.S.

Lets use a counterfeit Rolex as an example of the differences of what is an illegal act, what is prohibited, etc

- importation of a fake Rolex is prohibited
- but, attempting to import the item is not a criminal act. The item is seized and that's it.
- once it is past the port of entry and you have it, it can't be seized.

Meaning, if the item prohibited from importation is discovered at a port of entry it can be seized. But you attempting to bring it in is not a crime. (Obviously there is nuance here- if you are involved in selling thats a different story)

It's not a crime to purchase a counterfeit Rolex. It's not a crime to possess or own one. It is a criminal act to sell a counterfeit Rolex, even one. Even while it was not a criminal act to attempt and successfully import that same watch (even though it is prohibited). Get it?

(I wont get into manufacturing as thats not relevant to the U.S., with 99.999% of counterfeit watches being made in China. There was one prolific American counterfeiter for over a decade but he stopped before being properly pursued and now has a legitimate brand)

Then there are the civil actions one could face for manufacturing or selling a counterfeit Rolex.

As you can see there a number of nuances to the law / regulations surrounding importing / buying / selling certain products. One act might be illegal, another act might just be prohibited but not criminal, and another not prohibited and not criminal. All involving the same item. Then, you can face civil actions from brands, or not.

Determining where your product / substance and your actions fall under federal code is not simple for a novice, or even an attorney if they dont specialize in these things.

Having said that, I have no idea what the correct answer for this issue is.
 
This is not a 1:1 comparison at all, but I can expand on some related import / buy / sell nuances.

Obviously I don't want to get too specific, but I've been involved in investigations (in a civil capacity) for various luxury brands that pursue counterfeiters of their IP in China and the U.S.

Lets use a counterfeit Rolex as an example of the differences of what is an illegal act, what is prohibited, etc

- importation of a fake Rolex is prohibited
- but, attempting to import the item is not a criminal act. The item is seized and that's it.
- once it is past the port of entry and you have it, it can't be seized.

Meaning, if the item prohibited from importation is discovered at a port of entry it can be seized. But you attempting to bring it in is not a crime. (Obviously there is nuance here- if you are involved in selling thats a different story)

It's not a crime to purchase a counterfeit Rolex. It's not a crime to possess or own one. It is a criminal act to sell a counterfeit Rolex, even one. Even while it was not a criminal act to attempt and successfully import that same watch (even though it is prohibited). Get it?

(I wont get into manufacturing as thats not relevant to the U.S., with 99.999% of counterfeit watches being made in China. There was one prolific American counterfeiter for over a decade but he stopped before being properly pursued and now has a legitimate brand)

Then there are the civil actions one could face for manufacturing or selling a counterfeit Rolex.

As you can see there a number of nuances to the law / regulations surrounding importing / buying / selling certain products. One act might be illegal, another act might just be prohibited but not criminal, and another not prohibited and not criminal. All involving the same item. Then, you can face civil actions, or not.

Determining where your product / substance and your actions fall under federal code is not simple for a novice, or even an attorney if they dont specialize in these things.

Having said that, I have no idea what the correct answer for this issue is.

A long time ago, I bought a couple handbags from a street vendor in Rome. I naively thought they were real.

I learned upon my return to the U.S. and passing through customs that said bags were not real. They took them from me. That's it. That's all that happened.

Years later, a then-BF had given me a large LV piece of luggage. Dude was loaded so I had no reason to think it wasn't real. Nor did he, he Googled and bought it online. I'd used it for months.

Upon returning from a trip to Germany, CBP seized my entire bag! They had me take my clothes and toiletries out by hand, and they took my damn luggage. That was embarrassing, but again -- all that happened.

I also accidentally recently "imported" flowers from Thailand, or so the dog at SFO said upon sniffing my bag. They took my dried flowers (a sort of lei-like thing), and sent me on my way.

That's all that happened. And trust me, I'd know if I got put on any list.
 
As to distributing or selling "research peptides," I'd recommend anyone who wants to avoid getting in trouble with the law to avoid doing those things. It may be possible to do things in the US without violating any criminal laws. However, it seems like a dangerous minefield.
I agree with this. I certainly wouldn't advise any client to run a GB, for example.

But participating in one? Not an issue.
 
Thank you guys for answering questions for us!

So what I'm understanding is, I'm probably safe, but whoever runs our domestic sources and group buys might not be, but even that's complicated?
 
Thank you guys for answering questions for us!

So what I'm understanding is, I'm probably safe, but whoever runs our domestic sources and group buys might not be, but even that's complicated?
Yes.

I would not want to be one of the people running those GBs, if only because if something goes wrong, the pitch forks come out and can cause a GB runner a huge and costly headache (defense attorneys aren't cheap), even if nothing ultimately comes of it.
 
I also just feel like I talk about the law 40-70 hours a week and like to spend my free time/time off thinking about anything else lmao.
Honestly? Same. I'd much rather spend my time reading @chmuse pontificating about Taylor Swift. But when I see just patently wrong statements about the law from lay people that make an entire community unnecessarily anxious, I can't help myself.
 
I'd probably be annoyed if someone started asking me a million questions about my area of expertise in my time off, too.
My wife is a family law attorney and she is to the point she doesn't tell people because once they find out they feel they must share their custody or divorce case with her to get her opinion. She has been through more hair stylists than I can count (they all have drama).
 
My wife is a family law attorney and she is to the point she doesn't tell people because once they find out they feel they must share their custody or divorce case with her to get her opinion. She has been through more hair stylists than I can count (they all have drama).
Every parent I work with whose kid was gifted a pet this year has already messaged me

Who gives a kid a turtle without asking first
 
I agree with this. I certainly wouldn't advise any client to run a GB, for example.

But participating in one? Not an issue.
I've thought about participating in one. Although I haven't participated in one yet, my reasons for not participating have nothing to do with avoiding liability for crimes.
 
My wife is a family law attorney and she is to the point she doesn't tell people because once they find out they feel they must share their custody or divorce case with her to get her opinion. She has been through more hair stylists than I can count (they all have drama).
If there is any fault, it's my fault for bothering to answer a question to which I knew the answer but I had trouble articulating. Then it started to bother me that I couldn't quickly find the legal authority. Then my obsessiveness took over. However, that's just the way I am.
 
I've thought about participating in one. Although I haven't participated in one yet, my reasons for not participating have nothing to do with avoiding liability for crimes.
I’ve participated in two from the same gal. She’s been great. And while everything has worked out, I now know that I simply don’t have the patience to wait 8-12 weeks from purchase to receiving testing results from the randomly selected vials (which depends on those people having their sh*t together and timely sending their stuff in), which seems to be the norm.

And God help her if anything ever goes wrong, she’ll be in danger of crazy pep people going off the deep end and causing her a headache.
 
I wrote out a really long post giving numerous examples of why the end user of a product would never be prosecuted under a theory of conspirator liability. And I wrote a lot of other stuff, too. But I deleted it. 🙂 The US Attorney for a certain jurisdiction (the one in which I practice) is a friend of mine. I’ll probably talk to him about some of these issues when I get a chance!
 
I appreciate all of the attorneys in the house taking the time to weigh in on this topic. I am not an attorney a fact that my attorney wife frequently points out whenever I talk about anything legal related. Her line "are you an attorney? Then shut the f&^k up!". So have learned to keep quiet when matters concerning the law are discussed.
 
I wrote out a really long post giving numerous examples of why the end user of a product would never be prosecuted under a theory of conspirator liability. And I wrote a lot of other stuff, too. But I deleted it. 🙂 The US Attorney for a certain jurisdiction (the one in which I practice) is a friend of mine. I’ll probably talk to him about some of these issues when I get a chance!
One interesting thing to ask would be the impact of the size of the stash, if there's a search warrant and the stash is found. Could the size be used as evidence of intent to distribute if a normal person cannot possibly consume the whole stash in reasonable amount of time - provided there is no other evidence of distribution.
 
Honestly? Same. I'd much rather spend my time reading @chmuse pontificating about Taylor Swift. But when I see just patently wrong statements about the law from lay people that make an entire community unnecessarily anxious, I can't help myself.
I’m so at the point (especially after the last 3 exhausting months at work - I’m in government! I shouldn’t have to work this much!!) where I read incorrect legal things and I’m like… cool, I hope that works out for you. Because I’m too exhausted! And my brain is mush and if I try to form sentences it comes out like msjzjsiskaoapwnwixksixixox.

Please.

Boys only want love if it's torture.

You like her, admit it.

P.S. I'd also just like to point out, I'm not even the one who went to her concert.
It’s me, hi, I’m the problem it’s me.
 
One interesting thing to ask would be the impact of the size of the stash, if there's a search warrant and the stash is found. Could the size be used as evidence of intent to distribute if a normal person cannot possibly consume the whole stash in reasonable amount of time - provided there is no other evidence of distribution.
Get an attorney if you’re that concerned. Because we aren’t.
 
I am not concerned a bit. It's just a mental exercise. You know, stuff that keeps Alzheimer's at bay.
Doctors are saying it's good for you.
I am not paying for some attorney's Alzheimer's prophylaxis 🤣. They better pay for their healthcare themselves.
 
One interesting thing to ask would be the impact of the size of the stash, if there's a search warrant and the stash is found. Could the size be used as evidence of intent to distribute if a normal person cannot possibly consume the whole stash in reasonable amount of time - provided there is no other evidence of distribution.
Theoretically, I suppose that could be true, as it is with controlled substances, although peptides are obviously not at all the same and there's no statute establishing graduated penalties for the amount at issue or classifying that amount as intent to distribute or trafficking. If you have 300 kits in your home, it would be hard to argue convincingly that those kits are for personal use. But there would obviously be a ton of other evidence, also, in almost every case. A simple look at the person's phone or computer would reveal that.
 
One interesting thing to ask would be the impact of the size of the stash, if there's a search warrant and the stash is found. Could the size be used as evidence of intent to distribute if a normal person cannot possibly consume the whole stash in reasonable amount of time - provided there is no other evidence of distribution.
You win. You don't have to use grey peptides. Just buy from Eli Lilly. Meanwhile other attorneys like myself will continue to buy grey.
 
One interesting thing to ask would be the impact of the size of the stash, if there's a search warrant and the stash is found. Could the size be used as evidence of intent to distribute if a normal person cannot possibly consume the whole stash in reasonable amount of time - provided there is no other evidence of distribution.
Here is 2 cents nobody asked for… I am retired Law Enforcement (circa 2021). I don’t know about small agencies that have little to do, but I cannot fathom a busy agency wasting resources to come after people like us. I can already hear a prosecutor asking “why are you bringing me this?” I assure you places like Baltimore, Philadelphia, and Atlanta have more pressing matters.
 
You win. You don't have to use grey peptides. Just buy from Eli Lilly. Meanwhile other attorneys like myself will continue to buy grey.
I am not an attorney, relax, I never claimed to be one and these days I tend to get by without bothering attorneys - paid o1 ChatGPT model is good enough for my mental exercises, easily providing references to both statutory and case law without bothering busy guys and gals like you
 
Be careful relying on ChatGPT for legal advice or guidance. It’s ok some of the time, but wildly wrong some of the time, too. Some of the attorneys in my office and I have experimented with it by researching things to which we already know the answer. Sometimes it’s mostly correct, but I’ve also found that it can simply make things up or flat out misstate the law. And I know this because I am literally the person who wrote the law!
 
I've been asked to serve as a character reference for a couple of friends for NCBE. So, I do have friends who are real attorneys that I can consult when needed. I usually don't bother them though. With ChatGPT, besides using a more advanced model, the trick is to request specific references to statutory or case law and then verify that they actually exist. This minimizes the risk of hallucinations. To be honest, the o1 model has not produced any significant hallucinations for me so far.
 
Be careful relying on ChatGPT for legal advice or guidance. It’s ok some of the time, but wildly wrong some of the time, too. Some of the attorneys in my office and I have experimented with it by researching things to which we already know the answer. Sometimes it’s mostly correct, but I’ve also found that it can simply make things up or flat out misstate the law. And I know this because I am literally the person who wrote the law!
Sounds like that person is doing mostly mental masturbation, and for that ChatGPT is the best thing since sliced bread.
 
I admit I am a highly compensated knowledge worker. That's about the extent to which I am prepared to dox myself.

What is your preferred kind of masturbation? It's Friday, let it out.
 
Good for you, good for you, whatever floats your boat. Enjoy the weekend and holidays.
 
Sounds like that person is doing mostly mental masturbation, and for that ChatGPT is the best thing since sliced bread.
I admit I am a highly compensated knowledge worker. That's about the extent to which I am prepared to dox myself.

What is your preferred kind of masturbation? It's Friday, let it out.

I'm begging you to use the ignore button instead of engaging in whatever this is.

I'll be taking my own advice now. Good luck and God bless to you both 🙏
 

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