Drug Trafficking Lawyer Serving Detroit, MI
Leading Detroit Federal Drug Trafficking Attorneys in Detroit
Bajoka Law — Top Criminal Defense Attorneys for Drug Trafficking
WHAT IS DRUG TRAFFICKING?
Federal drug trafficking involves the possession, sale, transportation, and manufacture of illegal drugs. When drug trafficking involved heavy quantities of drugs or large amounts of money the FBI and DEA is usually involved. There are a variety of factors that can take a drug trafficking case out of state court and into federal court. If a wide-scale scheme is shown or drugs are being moved from state to state, then a drug trafficking charge will likely become a federal matter. The FBI, DEA and other related agencies have long made federal drug trafficking a prime focus in their crime-fighting efforts. You can even be prosecuted for drug trafficking if you have never stepped foot in the United States. If you are being investigated for a drug trafficking it is important to know that the federal government is not taking these cases lightly. Expect the full force of the federal government in investigating and prosecuting drug trafficking cases.
WHAT ARE THE POSSIBLE PUNISHMENTS FOR DRUG TRAFFICKING?
- Prison: A first offense cocaine trafficking conviction under 5kg but over 500g can result in a minimum sentence of 5 years in prison. For heroin trafficking over 1kg you can receive a minimum sentence of 10 years in prison up to life. If a death or serious injury results from fentanyl trafficking, this minimum can go up to 20 years in prison. As you can see, many options are on the table in terms of potential prison sentences for a drug trafficking conviction.
- Probation: Probation is an alternative to jail that a judge can sentence someone for a drug trafficking conviction. As part of the probation, the offender will have to follow certain guidelines, may have to submit for drug or alcohol screening, and will have an assigned probation agent that they will need to stay in close contact with. Violations of probation can result in lengthy prison sentences.
- Restitution: A judge can order an offender to pay back the money improperly obtained due to their illegal activity. This number can easily end up in the millions of dollars.
- Fines: Anyone convicted of a drug trafficking offense is subject to hefty fines. Drug trafficking committed by an individual can lead to a $2 million fine. A drug trafficking conspiracy committed by two people or more can lead to a $5 million fine. A second offense fine can be as high as $10 million. Again, it is easy to see how these fines can easily end up in the tens of millions of dollars.
- Other: A drug trafficking conviction can result in forfeitures of both money and property.
WHAT ARE SOME EXAMPLES OF DRUG TRAFFICKING?
Common examples of drug trafficking include:
- Bringing in illegal drugs from other countries
- Possessing illegal drugs
- Being involved in the transportation of illegal drugs
- Being involved in the sale or distribution of illegal drugs
- Being involved in the manufacturing of illegal drugs
- Marijuana trafficking, as it is still federally illegal
The different activities that could be present during the commission of drug trafficking can lead to various criminal charges. The specific charges under the umbrella of federal drug trafficking are:
- Drug Trafficking (21 U.S.C. § 841)
- Drug Possession (21 U.S.C. § 844)
- Drug Paraphernalia (21 U.S.C. § 863)
- Drug Trafficking Close to a University (21 U.S.C. § 860)
- Drug Trafficking Conspiracy (21 U.S.C. § 846)
WHAT ARE THE POSSIBLE DEFENSES?
Major defenses relating to the prosecution of federal drug trafficking are often constitutional in nature. Were there any constitutional violations in the search that led to authorities finding illegal drugs? Did the officers have probable cause to search you or your property? Mere presence is not enough to prove criminality. Just being there doesn’t make you guilty of anything. Were you simply in the wrong place at the wrong time? Were you threatened or coerced into participating in the illegal acts? Were you even there? Do you have a good alibi? Did the government entrap you into drug trafficking? These are just a few of the defenses and questions a seasoned federal drug trafficking attorney will ask while building a proper defense for a drug trafficking case.
ANY FURTHER QUESTIONS?
If you or a loved one is being investigated for federal drug trafficking or have already been indicted, you might be asking yourself, what do I do now? Finding a website such as this can be a great resource, but it is not a substitute for the advice of an experienced attorney.
EXPERIENCE MATTERS
Most attorneys have never stepped foot in a federal courthouse, much less have actually been a part of a federal jury trial. Do you really want your case to be the first your attorney has actually defended in federal court? While the answer to that question might be easy, choosing the right attorney might not be as simple. The right attorney for a federal drug trafficking case is not someone looking to sign up every person that walks through their door. The right attorney for a federal drug trafficking case is one that has the proper experience, time, and resources to put into defending your case against the power of the government. The United States government has unlimited resources when it comes to investigating and building cases. Your first step towards leveling the playing field is hiring an attorney who brings years of successful federal criminal defense experience to the table. At Bajoka Law in Detroit, we lean on this past experience to help bring future success.
Read more on Drug Trafficking
If you are currently being investigated for selling counterfeit drugs, or have already been charged, contact the experienced federal criminal defense attorneys at Bajoka Law in Detroit today. Michigan’s top criminal defense attorneys for federal criminal drug counterfeiting charges.
DARKNET DRUG TRAFFICKING AND CRYPTOCURRENCY Darknet drug trafficking involves the use of a commercial website to sell illegal drugs. These commercial websites exist through darknets using software like Tor. Tor is free software that allows anonymous communication through an overlay network that uses thousands of relays to hide a user’s identity and location. This overlay network is more commonly known as the darknet. The concept of darknet drug trafficking was made famous by the first giant in the industry, Silk Road. Silk Road was the first darknet marketplace to use both Tor and Bitcoin in unison to allow for a completely anonymous transaction. Silk Road serviced over 100,000 customers during its time online before it was shut down by the FBI in 2013. During the shutdown, the FBI seized approximately 144,000 Bitcoins, worth about $28.5 million. Despite the best efforts of law enforcement, Silk Road became the blueprint of how to operate a darknet drug market through the use of Tor, cryptocurrency, and user feedback systems like the one that exists on eBay. If you have specific questions related to a drug trafficking case, then it is important that you speak to an experienced federal drug trafficking attorney right away. TOP 10 COUNTRIES BY CRYPTOCURRENCY USED FOR DARKNET DRUG TRAFFICKING Darknet drug trafficking has become a huge worldwide business. In an annual online crypto crime report, blockchain investigations firm Chainalysis details the statistics related to online criminal activity involving cryptocurrency. All of the money exchanged here was in cryptocurrency converted to dollars to better understand the value. Russia : In 2020, Russia sent $169 million worth of cryptocurrency to darknet drug markets while receiving $119 million due to darknet markets. The total value of $288 million puts Russia at the top of the list for darknet drug markets in 2020. The Hydra marketplace in Russia is Eastern Europe’s largest and is the main reason for Russia’s position on this list. United States : In 2020, the United States sent $115 million to darknet drug markets while receiving $64 million due to darknet drug markets. The total value of $179 million places the US second on the list for darknet drug markets in 2020. This data supports the idea that darknet users in the United States are much more likely to buy than sell on the darknet. Ukraine : In 2020, Ukraine sent $47 million to darknet drug markets while receiving $52 million due to darknet drug markets. The total value of $98 million places Ukraine third on the list of darknet drug markets in 2020. Hydra is also a major factor here in Ukraine’s placement on this list. China : In 2020, China sent $45 million to darknet drug markets while receiving $43 million due to darknet drug markets. The total value of $87 million places China fourth on the list of darknet drug markets in 2020. United Kingdom: In 2020, the United Kingdom sent $33 million to darknet drug markets while receiving $22 million due to darknet drug markets. The total value of $56 million places the United Kingdom fifth on the list of darknet drug markets in 2020. Venezuela : In 2020, Venezuela sent $35 million to darknet drug markets while receiving $20 million due to darknet drug markets. The total value of $55 million places Venezuela sixth on the list of darknet drug markets in 2020. Former President Nicolas Maduro has been charged with corruption and drug trafficking, along with other officials. Vietnam: In 2020, Vietnam sent $24 million to darknet drug markets while receiving $24 million due to darknet drug markets. The total value of $48 million places Vietnam seventh on the list of darknet drug markets in 2020. Turkey: In 2020, Turkey sent $23 million to darknet drug markets while receiving $22 million due to darknet drug markets. The total value of $45 million places Turkey eighth on the list of darknet drug markets in 2020. India: In 2020, India sent $24 million to darknet drug markets while receiving $18 million due to darknet drug markets. The total value of $42 million puts India ninth on the list of darknet drug markets in 2020. Germany: In 2020, Germany sent $23 million to darknet drug markets while receiving $18 million due to darknet drug markets. The total value of $41 million puts them tenth on this year’s list. Germany has the third-highest number of Tor users behind the United States and Russia. If you have any further legal questions about cryptocurrency-related drug trafficking or are currently facing criminal charges, call us at Bajoka Law so we can help.
WHAT IS THE NATIONAL DRUG THREAT ASSESSMENT? The National Drug Threat Assessment (NDTA) is a report that details information related to intelligence and other data specific to drug trafficking. The NDTA aims to help inform the American public and United States policymakers about what drugs are currently the biggest threat to enter the United States through illegal drug trafficking. Specifically, the NDTA assesses drug threats through data relating to drug trafficking and abuse, the diversion and abuse of illegal drugs, and illegal money laundering operations that traffickers are involved in. In March 2021 the Drug Enforcement Administration (DEA) released its NDTA report for the year 2020. The main sections of the NDTA report include reports on: Illicit opioids & heroin, Methamphetamine, Cocaine, Prescription drugs, Marijuana, and New psychoactive substances. The 2020 NDTA report provides analysis and information for the entire year of 2019 and the first half of 2020. The COVID-19 pandemic brought new challenges to traffickers which resulted in disruptions in supply, and fluctuations in street price. Mexican transnational criminal organizations were listed in the NDTA report as the main threat to drug trafficking in the United States for their alleged involvement in smuggling drugs and weapons across the country. If you have specific questions related to federal drug trafficking, then it is important that you speak to an experienced federal drug trafficking attorney immediately . IMPORTANT DRUG THREAT ASSESSMENT STATISTICS Opioids, namely synthetic opioids are widely considered the biggest drug threat to the American public. In the year 2018, almost 70% of all drug overdoses that resulted in death involved an opioid drug. During this period, drug overdose deaths that involved a synthetic opioid, such as fentanyl, rose by 10% according to the Centers for Disease Control and Prevention (CDC). While deaths related to heroin overdoses have fallen slightly, decreasing by 4%, heroin is still a significant health and safety threat to the American public. The NDTA also reports that the DEA Field Divisions across the country indicated that fentanyl availability was high in 17 of 23 DEA Field Divisions. The NDTA shows that it was fairly easy to get heroin on the streets. Mexican heroin continues to be the dominant form found on the streets, accounting for 92% of heroin analyzed through the Heroin Signature Program (HSP). The HSP is a program operated by the DEA which annually analyzes between 600-900 heroin samples that originate from both seizures and street buys. Testing various characteristics of the heroin, they are able to generate a profile of where the heroin is from. With heroin being such a big problem, the DEA will continue to collect as much information as possible to stop and deter heroin trafficking. The El Paso Intelligence Center, National Seizure System is a database that compiles information related to drug seizures across the country. The National Seizure System showed a dramatic increase in seizures for methamphetamines in pill form, from 11 seizures in 2018 to 115 seizures in 2019. This appears to be a new form of the drug that will be on the DEA’s radar as well. These are just a few examples of the information contained in this year’s NDTA. To read the NDTA in its entirety, you can find it here . HOW DOES THIS AFFECT ME? Hopefully, none of this affects you. But if you are currently being investigated for drug trafficking, or have already been charged, then this can affect you directly. Investigation and enforcement related to illicit opioid trafficking are at an all-time high. Precursor drugs to fentanyl have also been recently added to the controlled substances list by the DEA because of the ease of availability and transfer. As synthetic opioids are continually created in the lab, law enforcement and the DEA will continue to focus their resources to fight against the newest national drug threats.
THE CASE OF UNITED STATES V. PALOS In this case, the defendant Anthony Palos pled guilty to being a felon in possession of a firearm and was sentenced to 63 months in federal prison. Police had been investigating Palos and suspected that he was involved in drug trafficking and investigators got a warrant and legally searched his home in Ohio. During the search, investigators found illegal drugs, drug paraphernalia, and a gun. Palos admitted to the police that he bought the firearm off the streets which proved true as the gun was later confirmed as stolen. It is also undisputed that Palos was a convicted felon as he had previously been convicted to two drug trafficking offenses in state court. The dispute in this case arose at the sentencing stage for Palos’s case. At sentencing, the District Court determined that the two previous drug convictions met the requirements to be deemed “controlled substance offenses” which boosted Palos’s base offense level on his sentencing guidelines to a base level of 24. Palos argued that only one of his convictions qualified as a controlled substance offense as his other conviction was only an attempt and was entitled to a lower base level of 20. Palos was also given a higher sentence due to the gun being stolen although he argued in his defense that he didn’t know the gun was stolen. He appealed his sentence and the determinations made by the District Court regarding the court’s imposition of two prior controlled substance offenses and the stolen gun as it applied to his sentencing guidelines. SIXTH CIRCUIT COURT DECISION REJECTING SENTENCING ENHANCEMENT Upon review of this case, the Sixth Circuit Court of Appeals ruled that Palos was entitled to only have one prior controlled substance offense apply to his sentencing guidelines but found that it didn’t matter whether Palos knew or should have known that the gun was stolen. The Sixth Circuit Court determined that one of Palos’s previous drug convictions was only an attempt and not a completed sale. A previous case entitled United States v. Havis determined that an offer to sell drugs is considered an attempt and made clear that the relevant definition of a controlled substance offense for these purposes does not include attempt crimes. This decision provided a clear answer as to whether a controlled substance offense under the career offender Guideline, U.S.S.G. § 4B 1.2 includes attempt crimes. At issue here was a conflict within the Guideline itself where in the text of the Guideline it stated that attempts were not controlled substance offenses but later said that they were included in the commentary. It was found that the text of the Guideline controls in cases where it conflicts with the commentary. This resulted in a reversal in part of the judgement of the case and Palos being sent back to District Court for resentencing. If you are facing a federal drug trafficking or controlled substance offense, then it is important to speak to an experienced federal drug trafficking defense attorney as soon as possible to best understand what types of charges and sentence you may be facing. WHY IS THIS IMPORTANT? If you are facing federal drug trafficking charges and have any prior convictions at the federal or state level, then this could affect you directly. It is important to note that federal prosecutors will use every option available to make sure you end up with the highest sentencing guideline range possible in your case. This includes attempting to qualify prior convictions improperly in order to punish you with sentencing level enhancements which can significantly increase your potential prison sentence. It is important that if you are facing a sentence for a federal conviction, that your sentencing guidelines are calculated and applied correctly. A failure to do so can result in an incorrect sentence which can result in extra years of unnecessary prison time. If you have any questions about your specific federal drug trafficking case, then call us today at Bajoka Law so we can help.
