Reply #76: Funny the article doesn't mention James Sabzali!

[Osolomia]

June 26-July 2, 2003
Battle Eternal
Cuba traders’ convictions are overturned. Is smooth sailing ahead?
by Steve Eckardt

Seven years ago, the U.S. government dropped a bomb onto the life of Jim Sabzali, a onetime standup comic and a Canadian now living with his wife and two children in suburban Wynnewood.

The explosion was 76 charges of violating the 1917 Trading with the Enemy Act, plus one count of conspiracy.

The damage was a possible 205 years in prison and more than $19 million in fines.

The crime? Selling water-purification supplies to Cuba.

What's more, almost half the charges were for sales he made while working and living in Canada, where obeying the U.S. embargo against Cuba is illegal. In the dock with him were his employers, Stefan and Donald Brodie, and their Bala Cynwyd-based Purolite Company, which manufactures water-purification resins in plants across the United States and at wholly owned subsidiaries in Wales and Italy.

Last spring, all were found guilty of helping to make water in Cuba drinkable.

Fast -forward to last week, when the same case blew up on Assistant U.S. Attorney Joseph Poluka. The bright young prosecutor saw his hard-won convictions of the Canadian and his Bala Cynwyd co-defendants turn to dust.

Not only did the judge overturn her own jury's verdicts, but she blamed it all on Poluka and his fellow prosecutor's "misconduct." U.S. District Judge Mary McLaughlin wrote in a decision released last Monday that Poluka's closing-argument story of defendants engaging in "deception, concealment and obstruction" -- not to mention shredding and withholding documents -- was "not supported by the evidence."

More...
http://citypaper.net/articles/2003-06-26/cb5.shtml

U.S. Ups Sentence on Canadian Cuba Salesman;
Water Purification Sales a 'National Security' Offence
By Steve Eckardt
16 October 2002

... The sentencing document also determined that Sabazli's offences were against U.S. "national security." Its conclusion is based on the official 1962 proclamation establishing the U.S. embargo against Cuba.

"The present government of Cuba is incompatible with the principles and objectives of the Inter-American system ... in light of the subversive offensive of Sino-Soviet Communism with which the Government of Cuba is publicly aligned," the document quotes the proclamation as saying.

It continues: "the United States, in accordance with its international obligations, is prepared to take all necessary action to promote national and hemispheric security by isolating the present government of Cuba and thereby reducing the threat posed by its alignment with the communist powers."

Based on this 1962 proclamation, authorities determining Sabazli's sentence conclude that "the purpose for imposing the embargo was to promote national security, therefore this is a national security control" offence.

Sentencing is currently pending the outcome of defence motions for the judge to "set aside" the jury's verdicts. While legal experts agree that such motions are infrequently granted, Judge Mary McLaughlin did set aside the conviction of one U.S. executive in the case this past May on the grounds of "insufficient evidence."

The U.S. is appealing that ruling.

Meanwhile Sabzali continues to be free on bail, with an electronic monitoring device on his ankle. The deed to his house, his passport and those of his wife and two children are in the hands of the authorities.

More...
http://www.canadiannetworkoncuba.ca/Documents/Sabzali-Eckardt.shtml