Text 8781, 65 rader
Skriven 2010-06-18 14:30:16 av Michiel van der Vlist (2:280/5555)
     Kommentar till en text av Robert Bashe (2:2448/44)
Ärende: Duress (was: Important message from the moderator)
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Hello Robert,

On Thursday June 17 2010 13:17, you wrote to me:

 RB> Offering the results of commercial espionage to a competitor isn't
 RB> "extortion",

Offering ilegally obtained goods for sale is fencing.

 RB> but threatening to publish unfavorable data if a sum is not paid would
 RB> be.

JS did not threaten to publish anything unfavourable. And I think that is
blackmail.

 RB> In this case, the duress was on the mother desperately wanting to know
 RB> what happened to her daughter.

That is an assumption. For all we know, she had no intention to respond to the
offer at all. As it seems, the decision to respond was taken from her by the
FBI.

 RB> Clearly extortion.

So JS tried to sell something that - presumably - the prospective buyer
desperately wanted. If that is extortion, then all marketing is. Isn't that
what marketing and advertising is all about? Getting the potential customer to
want to buy the product. And isn't it the dream of every marketeer to get the
customer to _deperately_ want it?

 RB> I wonder that that's not clear to you.

Don't get me wrong. I do not approve of that action of JS. I think it is
despicable and immoral.

But immoral and illegal are two different things.

What I find weird about US law is this dual standard. The US society revolves
all about money. If you fail to earn a lot of money you are a loser. The US
presents itself as the land of free enterprise, almost anything to get money
seems to be allowed, Selling a mortgage to someone you KNOW can never pay? No
problem. Witholding medicine from someone who needs it, because he can not pay?
No problem.

Here in The netherlands we have a saying "wie een hond wil slaan kan altijd wel
een stok vinden". translated: "he who wants to beat a dog, can always find a
stick".  To me US law seems like a big garden with lots of sticks. Need a
stick, take your pick. The FBI wanted JS and this was the stick they could
find.

So they set the trap and secredly recorded the conversation where the money was
handed over. In their arrogance however they forgot that Aruba is not the US.
They had no jurisdiction there and Aruban law is not US law. So they could not
arrest him. Also they could not have the Arubans arrest him because they acted
illegally themselves and an extradition request would most likely be rejected.

So they had to let him go with the money. Money that he used to buy a ticket to
Peru and now Stephanie Flores is dead.

FUBAR I say.

Cheers, Michiel

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