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August 11, 2014

WSJ Takes on “Dubious Charges” Against FedEx

The Wall Street Journal today takes on the U.S. Attorney for the Northern District of California’s recent indictment of FedEx “on 15 criminal counts for shipping prescription drugs from fly-by-night online pharmacies.”

The Journal writes that this is a case of the Justice Department targeting “another law-abiding business on dubious charges.”

The indictment, writes the Journal, alleges that FedEx employees should have “connected the dots” regarding an illegally operating online pharmacy’s shipping of prescription drugs via FedEx.

“Translation: FedEx employees should have connected the dots,” writes the Journal. “But if it’s so easy, why didn’t the DEA do it? The truth is that unmasking the bad guys would have required an extensive metadata analysis of customer data that is not FedEx’s job.”

The Journal concludes that FedEx has a “strong defense on the facts and on the law because the Controlled Substances Act protects ‘common contract carriers’ that are ‘acting in the usual and lawful course of business’ from criminal liability.”

“This looks like a case of bad prosecutorial judgment trying to compensate for the government’s drug enforcement’s failures,” concludes the editorial.

Read the full editorial here.

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