Re: Smuggling

Guido.J.Braem@bio.uni-giessen.de
Fri, 1 Mar 1996 09:48:37 +0000

Just a few more comments:

Sean Barry: I believe you made the posting in good faith. However, I cannot
quite accept your explanation (see below) and I wished you would have
at least taken the name out of the message.

Phil Semanchuk: I can understand that you do not want to
reveal your sources, but maybe you could tell us whether your sources
were first, second or third hand and whether they are from the
'authorities' or not.

I have been involved with the Cites authorities quite a bit (I was
the expert for the defence in two major Orchid cases). Both were, at
the end, de facto won by the defence. It is unbelievable what the
'authorities' will do to obtain a conviction.In the first case, the
experts for the prosecution [two very well known botanists]
actually made false satements and ended up to be 'trown out of court'.

In the other case, the fellow
was arrested on DRUG CHARGES because the Customs and Cites
authorities clamed that the 12 Phragmipediums he had with him 'looked
lik bull rushes'. (I kid you not!) I was convicted to a severe
punishment first. That conviction was widely published. This
conviction was overruled 2 weeks later, and the punishment reduced to
'peanuts'. But NO-ONE ever published the second verdict!

I myself was charged twice with smuggling Orchids. Once because I
received the HERBARIUM specimens of Cypripedium from the Vienna
Herbarium (Some dried in 1826 [this is not a typo] and even earlier).
The Cites 'Authorities' said 'plants are plants'. The judge knocked
down the case after I agreed to pay a fairly large sum to the Red Cross
and of course I got stuck with the legal fees. [and I cut this short as
there were some more hilarious aspects to this case]

The second case arose when I was sent a type specimen (a flower put
in alcohol in 1905) of an orchid sent to me by the Kopenhagen
Herbarium. Again, it was a loan of course. Again, I ended up paying
to the red cross and my legal fees.

Both cases together cost me about 6000 DM! Just to have my peace. And still,
for the Cites 'Authorities' I am a smuggler.

On both cases, I was not only charged with 'smuggling' orchids, but
also with tax evasion, because the shipments were without an invoice,
and for the authorities (at least here in Wetzlar) 'loans do not
exist'. One 'official' said [and I quote] ' does he [meaning me] really wants
us to believe that he gets these shipments for nothing?'. So they
claimed I was trying to get around the customs duty.

So you will understand that I am somewhat careful about what Cites
'Authorities' claim and I again beg not to publish anyone's name
until a FINAL conviction is ruled upon. And even then, the
conviction may be ridiculous. So it would be much better not to
publish any names at all.

Guido