Pubdate: Sat, 29 Oct 2005
Source: Advocate, The (LA)
Copyright: 2005 The Advocate, Capital City Press
Contact: http://www.2theadvocate.com/help/letter2editor.shtml
Website: http://www.theadvocate.com/
Details: http://www.mapinc.org/media/2
Author: Penny Brown Roberts
Bookmark: http://www.mapinc.org/mdma.htm (Ecstasy)

INTERNET DRUG-SALE PENALTY: 13 YEARS

When Michael Burton started selling designer drugs over the Internet,
he never imagined anyone would get hurt. That was before James Edward
Downs -- a 22-year-old St. Francisville quadriplegic -- dipped the tip
of his tongue into a little blue vial of white powder from American
Chemical Supply, developed a 108-degree temperature, had a seizure,
went into a coma and died. "This is definitely a wake-up call of
actions versus consequences," the 25-year-old Burton said Friday in
federal court before he was sentenced to 13 years in prison. "There
are things that could happen you might never foresee." U.S. District
Judge Frank Polozola also ordered him to pay nearly $16,000 in
restitution to Downs' family, and more than $5,000 to Ingenix
Subrogation Services, a firm involved in Downs' health-care costs.

Burton also must forfeit all the proceeds from his business as well as
his Web site. "This case is symbolic of what a lot of people have been
saying for a very long time and that is that there is no such thing as
a victimless drug crime," Polozola said. "You just happened to be
lucky because you took the same drugs and nothing happened."

The sentencing concludes a case that last summer launched a national
federal investigation into Internet sites that sell designer drugs
under the guise of "research chemicals." Burton -- one of 11 people
arrested across the country -- admitted in March that he sold the
Ecstasy-like substance that led to Downs' death via an online company
called American Chemical Supply. Burton is from Las Vegas; Downs lived
in St. Francisville, which is why the case was prosecuted in Baton
Rouge federal court. The investigation targeted so-called analogue
drugs, which produce the same stimulant and hallucinatory effects as
Ecstasy or LSD, but have a slightly altered chemical makeup so they
are less easily identified as controlled substances. Authorities say
dealers also try to avoid prosecution by selling the substances as
"research chemicals" that are not intended for human consumption. But
because they come in powder rather than pill form -- and recommended
dosages can vary by as little as a milligram -- users run a higher
risk of overdosing. A criminal complaint filed in the case indicates
ACS made $300,000 in Internet sales during one three-month period,
wired to offshore accounts through banks in the West Indies and
Lithuania. The company also spent more than $10,000 advertising its
wares on Google, a mainstream Internet search site. In late February
or early March of 2004, Downs went online and ordered two "research
chemicals" -- IAP and 2C-T-21 -- for $265 from American Chemical
Supply. On March 9, he took some of the powder and started
experiencing blurred vision, uncontrollable shaking and increased body
temperature. He lapsed into a coma and died four days later. "I want
to offer my condolences to the Downs family," Burton said Friday. "I
never could have imagined it would come to this. I never knew James,
but I'm sure his tragic loss is deeply felt." Downs' parents -- Johnny
and Charlotte Downs -- did not attend the sentencing and declined to
comment through their lawyer, David Shelby. Shelby told Polozola he
hoped Burton's sentence would mean "tragedies like this can be avoided
with other young people in this country." Burton faced between 12 and
15 years in prison.

In pronouncing sentence, the judge noted that Burton had ingested the
chemicals he claimed to sell strictly for research, and also had a
"drinking problem." As additional reasons for the 13-year term,
Polozola also cited Burton's "immaturity" and a "lack of parental
structure while he was growing up whether he wants to admit it or
not." "The court also has to take into consideration there was a
problem here with the death of a young person," Polozola said. "While
nobody made Mr. Downs take those drugs, those in this business have to
face the consequences." After the hearing, U.S. Attorney David Dugas
said there is evidence that analogue drug distribution nationwide has
fallen since the arrests last summer. At the time the investigation
began, Dugas said, the sale of designer drugs over the Internet was a
"growing trend." "It was disturbing because these drugs are typically
new and their dosage and effect are often unknown to the users and
therefore more dangerous than traditional drugs like cocaine or
marijuana," he said. "I hope this prosecution makes members of the
public aware of the danger of experimenting with any drug -- but
particularly with designer drugs."
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