Operation Web Tryp
Operation Web Tryp (O.W.T.) was DEA's first foray on the Internet. On 7/21/04, 10 people were arrested in relation to five websites. Three men were charged with causing two deaths. Subsequent private investigation discovered the allegations were unfounded, and the DEA knew it.
"The Accomplishments of the USDOJ 2001-09," published by the DOJ AG, stated OWT was "the culmination of an 18-month investigation." [1] Chronologically, that makes Dan Arango, Patient Zero. He died in Miami Beach on February 3, 2003. DEA's announcement in the Federal Register emergency scheduling AMT and 5-MeO-DIPT said, "There has been at least one confirmed death caused by AMT in Florida in 2003." [2]
A 12-slide PowerPoint once hosted on www.miamidade.gov/medexam [3] pictured a "One gram vial" from Omega Fine Chemical found with Arango. Onega was one of the five websites closed by OWT. Omega owners were not charged with any death.
Mike Burton and Keith Russert of Las Vegas, Nevada were charged with responsibility for the drug death of James Downs, 22, of St Francisville, Iowa. Burton, in a personal communication wrote, "The guy that died in my case was a quadriplegic. He was a quad from a prior failed suicide attempt. A tox screen at the hospital didn't show any Amphetamines, but tested positive for opiates." [4]
Downs, admitted to a hospital, would have had an EMIT test. DEA claimed 2C-T-7 killed Downs. If the narrative were true, it would have given a positive for Amphetamine. DEA had no moral problem charging two men despite evidence contrary to their severe allegation.
The other death touted in OWT was that of Phillip Conklin, who died April 14, 2002, which predated DEA's Op. To gain a conviction, used as plea bait for the nine others, the Norfolk, Virginia AUSA falsified a blood test.
Despite having no evidence, the government filed notice in Russart's case of possible upward departure under USSC 5k2.1.[5] He was charged, along with Mike Burton, for responsibility for the death of James Downs. It was common knowledge among locals that Downs' intent was suicide, yet DEA had no moral qualm filing false criminal charges.
"Bad Trip for Online Drug Peddlers" by David McCandless [6] contained numerous erroneous statements: (a) "Research chemicals” is not a euphemism, but is a genuine exemption in USC Title 21 and CFR § 21. "Investigational" substances appear in the Analog Act at 21 U.S.C.§802(32) (C) (iii) - word used interchangably in the US Code with "research"; (b) Linder's written sentence was Life plus 410 years; (c) quotes on dollar amounts were repeats of DEA's inflated numbers; and (d) a final quote attributed to Alexander T Shulgin cannot be found in print.
OWT was referred to by DEA as a "dragnet." [7] The self-proclaimed kingpin of the Norfolk Pill Press Op was Timothy Carl Luken, a 300-lb dragqueen.[8] Thus it can correctly be said, Dragqueen Led Dragnet on Internet.
The Norfolk group were, in 2002, Timothy Carl Luken, 38, Michael Wolfe, and Richard Lester Klecker, both 22. They had gotten an illicit tablet press from www.tabletpress.com, purchased by Klecker's father, an MD, Richard Klecker.
Pressing out tables of ‘foxy’ was not an original idea; NCIS had busted a similar scheme in Washington State a few years earlier. Likely, the Norfolk bunch heard about the Washington event in a newsletter. See [9] October 2002 Drug Intelligence Brief (DEA).
Drugs Unlimited by Mike Powers [10] divided the Internet drug scene into ver. 1.0 and 2.0 with Op Tryp as the dividing line. If the purpose of the DEA was to stomp out Net sales the Op failed, with a fully formed Streisand effect.[11] Op Trypt resulted in explosive growth in Internet sales leading to availability of “Analogs” from Amazon to every corner convenience store.
OWT was referred to as a "dragnet." [12] Virginian-Pilot 7/23/04 echoing a DEA Press Release. Tim Luken was a 300-lb dragqueen. This, it can be correctly said, "Dragqueen Led Dragnet on Internet." Luken was the self-described "kingpin" of the Norfolk Pill Press Op. [13]
It came to light that Powers' "randy sailors" [14] were in fact spiking a red punch with "foxy" and date-raping unsuspecting Navy personnel. Two victims, Smiley and the Navy Seal wannabe Roy Hammond, discovered the deception the hard way. A New Year's Eve party sent two people to a local hospital. It is not known if they knowingly consumed. Before purchasing a tablet press the group sold capsules in baggies with the logo of red lips. One can imagine Luken volunteering for the job of turning his mouth into a printing press with red lipstick.
LINDER’S TRIAL WAS FAKE
With the prosecutors premier article of evidence, a blood test, proven as a forgery in '08, in '15, still searching for sufficiency for a judge, Defense Exhibit One, maybe the only defense exhibit, was too shown to be a fraudulent item. That exhibit was purported to be a faulty search warrant, raising the possibility of exclusion of evidence. A false hope.
Entry into the record of the non-existent warrant [15] came in the form of a skit into the record between the defense and prosecution attorneys, proving collusion. What is worse than doing a life sentence, is doing a life sentence for 14 years after disproving the main evidence and having a succession of cowardly judges pretend they saw nothing to reverse the corrupt conviction [16]
The USA responsible for the farcical showtrial was Paul J McNulty. His Wikipedia entry is not flattering.[17] McNulty Quote:
"This is sentencing accurately reflects the tremendous harm caused by the defendant's drug trafficking. It also sends a clear warning of what may happen to anyone who pushes drugs over the Internet. Linder's punishment was harsh because of Conklin's death." [18]
“A thorough investigation reveals Paul is the one eligible for a lengthy sentence, including a sentencing scheme that makes him eligible for the death penalty." [19]
McNulty was sworn in as AUSA for the Eastern District of Virginia three days after 9-11. His Wikipedia entry has mutterings about lack of trial experience since before that, he was simply a DOJ spokesperson primarily. As a political person, he is credited with abolishing parole in the state of Virginia.
Predictably, as AUSA for the Eastern District of Virginia, McNulty produced showtrial terror trials to satisfy public bloodlust beginning with John Walker Lynn, Abu Ali, Z. Moussaoui, and a dozen paintballers dubbed the “Northern Virginia Jihad.” All are dubious and the raid of a Falls Church VA mosque to prosecute a group of student paintballers garnered international ridicule.
PROBLEMS WITH THE LEGAL FRAMEWORK OF DEA’S OP
I. The Linder case violated constitutional and statutory vicinage protections. Art. III Sec 2 cl.3 requires “shall be held in the state where said crimes shall have been committed.”
US v. Cabrales, 524 US 1 (1998) states: “The Constitution twice safeguards the defendant's venue right: Art. III §2, c13 and 6th Amendment.”
18 USC §3236 Murder or Manslaughter
“The offense shall be deemed to have been committed at the place where the injury was inflicted, or the poison administered...without regard to the place where the death occurred.”
The Linder case involved a defendant from Nevada prosecuted in Virginia for a death in New York, where the consumption was in Pennsylvania. No way can Virginia rationalize jurisdiction, and they knew it.
Every so-called Internet Drug Death has been prosecuted where the death occurred with the sole exception of Linder.
"The two Las Vegas men will be prosecuted in Louisiana since that is where James Downs died. [20]
II. Analogs do not qualify as death-enhancing substances.
21 U.S.C §841(b) (1)(C) states: “In the case of a controlled substance in schedule I or II...” https://uscode.house.gov/view.xhtml?req=(title:21%20section:841%20edition:prelim
21 U.S.C §802(32)(C)(i) states: “(C) Such term does not include— (i) a controlled substance;” https://www.deadiversion.usdoj.gov/21cfr/21usc/802.htm
Burrage v US, 571 US 204 (2014) employs the term covered drug in limiting the scope of eligible substances. The named items in those sets gives legal notice. Analogs, being judge or jury made items don’t.
III. 21 U.S.C. §811(h) granting temporary scheduling authority power declared the penalties for the period as those for Sch III substances. Ths provision has never been amended. [21]
PROBLEMS WITH THE MIAMI TEST
★ It is dated four months after the alleged grand jury.
★ Publishings in SOFT & JAT only show two positive AMT tests.
★ A PowerPoint: confirms there were only two positive AMT tests.
★ In trial, Boland testified there were "just two tests" positive.
★ The LOD on the questioned test does not match publishings.
★ Society of Forensic Toxicologists (SOFT) records one test in 2004
★ JAT records two tests in 2005.
★ A PowerPoint hosted on www.miamidade.gov comports with JAT.
★ The scientific literature shows no 1.6 mg/L test ever performed
★ SOFT, Society of Forensic Toxicologists, 2004 meeting confirm the Miami Case, Case 1. Title of SOFT abstract is "Student on AMT Discovers the Secret of the Universe...and Dies."
★ JAT Journal of Analytical Toxicology titled, “Fatality due to AMT Intoxication” online at www.nebinlm.nih.gov/pubmed/16105268 as “just two” cases, in July of 2005 - months after Boland testifies in Linder’s Norfolk trial. She was an unwitting dupe, of course, never having tested any Conklin specimen, last used in 2002.
★ No LOD had been established at the time of Miami’s test, and Dan Arango, Patient Zero only had one gram of AMT. Www.caymanchem.com/msdss/11135m.pdf has a LD50 of 137 mg.kg in mice, making Conklin’s required consumption at just south of 11 grams.
The Broom County Coroner did not diagnose Conklin as having died from a toxic dose of the "suspected drug" - Ecstasy.
SUMMARY: This 18-year-old male died one day after taking a homemade drug, which caused hyperpyrexia and rhabdomyolysis, followed by disseminated intravascular coagulation (DIC)."
The three named conditions are all preventable conditions.
Binghamton General Hospital's admission diagnosis was malignant hyperthermia. The condition very possibly was aggravated by Phil's anti-psychotic medication - Risperdal.[22] The hospital's Final Diagnosis listed four items:
1. Malignant hyperthermia secondary to ecstasy/MDMA toxicity 2. Amphetamine overdose (4.8ng/mL per NMS quantitative test) 3. Respiratory failure 4. DIC
It was when DIC was observed the DNR order was requested. The prime factors contributing to DIC would have been the Risperdal and the unnecessary transfusion of four whole units of plasma, with all clotting factors.
"Malignant hyperthermia is a biochemical chain reaction." "Dr. Lehane also testified that DIC takes hours to occur." [23] Conklin was given four units of plasma issued early Sunday morning at 4:57, 5:18, 5:43, and 6:04 am. See White Paper exhibit verifying plasma order. [24]
Hours after transfusion when DIC was observed, a DNR order was sought and signed. Even after removal from a mechanical respirator, it took more than two hours for Phil to die. That type of ending would make organ donation unsuitable. When the facts were related to Dr. Wu of Proctor Hospital in Peoria, IL, he said, "There was no valid medical reason to administer plasma." [25]
The tiny amount of Amphetamine quantified with NMS's confirmatory test shows Phil survived the peak drug concentration but lapsed into a cascade of failures attributable to bad parenting and medical malpractice. Risperdal carries FDA's black box warning, Parents: "Watch your children closely." Nowhere in emergency medicine is four units of plasma suggested when there is no blood loss.
No source of the Amphetamine in Phil's system was ever identified at trial. A USPS FOIA release in 2006 cleared Linder's company of contributing to Phil's "homemade drug".[26] The 92-page FOIA release showed two packages sent to New York from Nevada were retrieved unopened two days after Phil died. DEA's philosophy: Why let a close call for Linder go to waste when it can be dissembled in federal court into a reified thing? Linder’s company contributed nothing to whatever cocktail Phil consumed.
The Daily Star reported just one website offering "5-methoxytryptamine," one of the substances named by NYSP lead investigator, Mark Lester. That website was likely JLF of Elizabethtown, IN, operated by Mark R. Niemoeller, who was likely burned on a stolen credit card spree by Matthew Allen, Phil's friend. Linder's company was taken for $4,005.00, which the NYSP unlawfully kept secret. It is a violation of NY state law for law enforcement to conceal identity theft. It was likely used as a bargaining tool to coerce information out of Allen.
"The U.S. Court of Appeals for the Fourth Circuit has recognized a constitutional right not to be deprived of liberty as a result of the fabrication of evidence by a government officer acting in an investigative capacity." Robertson v. Elliott, 315 F. App'x 473 (4th Cir. 2009)
Ms. Tayman: “In addition, because this indictment alleges that the distribution of AMT to a young man named Phillip Conklin – resulted in his death. There is a toxicologist who I had to find all the way down in Dade County, Florida, who I think is the only toxicologist in the country capable of doing that type of test on human tissue for the presence of AMT. 11.19.04
Ms. Tayman takes credit for finding the Miami toxicologist. It would have been possible by Googling AMT depending upon when the PowerPoint went up on the www.miamidade.gov/medexam website.
The admission strips the AUSA of immunity from prosecution.
A request for information response would be appreciative received at: David Linder #25913-048 FCI Terre Haute P O Box 33 Terre Haute IN 47808
References
- [www.justice.gov/sites/default/files/opa/legacy/2010/03/08/doj-accomplishments.pdf]
- Federal Register (FR) 58050 9/29/04 Final Rule scheduling AMT 7 5-Me0-DIPT
- When the amounts of 2.0 & 1.5 mg/L were challenged Miami Dade M.E. responded by removing the PowerPoint from their website. The full PowerPoint is reproduced in a White Paper on the death of Phillip Conklin,
- Personal communication with Mike Burton
- U.S. v. Burton, 3:05-cr-80, D.E. 112
- Hosted at http://mdma.net/usa/research-chemicals.html
- www.pilotonline.com 7/23/04
- Personal conversation with John Welsh, incarcerated with Luken.
- Drug Intelligence Brief October, 2002
- Drugs Unlimited, Mike Powers
- en.wikipedia.org/wiki/streissand_effect.
- “DEA arrests man in Web drug sting” Virginian-Pilot 7/23/04
- Personal communication with John Walsh who was locked up with Luken in 2002
- Drugs Unlimited, pg.93
- NYSP Records Officer, Debra L. Benzinger, confirmed in writing on 3/25/15 there was no search warrant issued in the Conklin case.
- Most egregious is the USDJ in Linder v. Lamar, 15-100 CIDL; CA7 18-2812 consciously overlooking evidence in a habeas petition.
- en.wikipedia.org//Paul_McNulty
- Virginian-Pilot May 18, 2005
- “There is no such thing as murder simplicitur in Virginia - all death is capital punishment-eligible.”
- www.klas-tv.com 7.21.2004 (possible dead link)
- U.S.C.C.A.N. P.L. 98-473 p.3446
- NMS - neurologic malignant syndrome
- * “Malignant hyperthermia is a biochemical chain reaction”; * [Dr. Lehane] “She also testified that DIC takes hours to occur.”; Quoting Nickels v. Conway, US District Lexis 95638 (NDNY 2015); * Malignant hyperthermia (MHS) is defined as potentially fatal Hypermetabolic syndrome. “As high as 108̊.” * Hyperpyrexia - fever in excess of 106̊ Hyperpyrexia is much more serious in adults. Prolonged temperatures in excess of 106̊ are fatal.
- To be posted with graphics. Help with this project is requested.
- 2018 personal communication
- USPS FOIA 2006-FPIA-00272 September 28, 2006