"Pondman", RC vendor, sentenced to life

[gn2osis]

link to story



Man to serve life in prison after teen’s overdose</font>

By TIM MCGLONE,

The Virginian-Pilot

© May 18, 2005

Last updated: 9:54 PM</font>

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NORFOLK — A
man whose sales of designer drugs over the Internet led to the death of
a teenage buyer in upstate New York was sentenced Tuesday to life in
prison and ordered to pay $700,000. </font>



David Linder,
also known as Dr. Benway, of Arizona was arrested last year as part of
a Drug Enforcement Administration operation dubbed “Web Tryp.” </font>



After a trial in
February, a federal court jury convicted him of multiple drug counts
and found him responsible for 18-year-old Phillip Conklin’s death.
Linder, 52, testified that the drugs he sold were “research chemicals”
and not federally banned narcotics.</font>



The prosecutor,
Assistant U.S. Attorney Laura Tayman, told jurors that the chemicals
were generic equivalents of hallucinogenic drugs such as Ecstasy and
Foxy Moxy. Federal law prohibits possession and sale of analogous
versions of illegal substances.</font>



The jury convicted Linder of 27 counts, including drug conspiracy and money laundering. </font>



“This sentencing
accurately reflects the tremendous harm caused by the defendant’s drug
trafficking,” according to a statement from U.S. Attorney Paul J.
McNulty. “It also sends a clear warning of what may happen to anyone
who pushes drugs over the Internet.”</font>



Linder offered
his drugs through a Web site selling landscaping supplies. A hyperlink
on the site led to a page titled “Research Chemicals.”</font>



Linder’s
punishment was extra harsh because of Conklin’s death from an overdose,
authorities said. Linder was also linked to several severe illnesses
among individuals who purchased and ingested his drugs.</font>



The investigation
into Linder began about three years ago, when Navy investigators
discovered two sailors selling designer drugs to Navy personnel and
others, typically at rave parties. Court records show that the sailors
had purchased the drugs over the Internet from Linder.</font>



The now-former
sailors, Richard L. Klecker and Michael D. Wolfe, were convicted along
with a third man, Timothy C. Luken, of distributing the drugs locally,
and they were sentenced to federal prison.</font>



Linder’s lawyer,
Charles Burke, said that although his client will spend the rest of his
life in prison, barring a successful appeal, the DEA probably saved his
life by arresting him. Linder lived in the Arizona desert strung out on
drugs and alcohol, Burke, said.</font>



“He never would have survived out there,” Burke said.</font>



He added that
Linder has no assets to pay the $700,000. The government determined
that to be the amount Linder made from selling the drugs. The money
would be paid to the government.</font>




Reach Tim McGlone at (757) 446-2343 or tim.mcglone@pilotonline.com.


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Reputation Comments on this post:

thanks for sharing

[enquirewithin]

The prosecution mentions "severe illnesses
among individuals who purchased and ingested his drugs." I'm sure this cannot be substantiated.



Its very worrying that the analogue laws can be applied so easily.

</font>
Edited by: enquirewithin

[BA]

Operation Web Tryp was a United States Drug Enforcement Administration operation that ended on July 21, 2004, with the arrests of 10 persons. Its purpose was to investigate websites suspected of distribution of unscheduled, unregulated tryptamines and phenethylamines of questionable legality. One of these websites was supposedly making $20,000 a week, and at least one of them sold substances (2C-T-7 and 2C-T-21) that led to two or more fatal overdoses. The websites that were involved in Operation Web Tryp are:

WWW.RACRESEARCH.COM

WWW.DUNCANLABPRODUCTS.COM

WWW.PONDMAN.NU

WWW.AMERICANCHEMICALSUPPLY.COM

WWW.OMEGAFINECHEMICALS.COM

Legality
Although these chemicals were not scheduled, their legality had been questioned in 1986 by the Federal Analog Act. This Act and the United States v. Forbes Colorado federal district court case, its analysis not yet having been overruled by any more recent case, provided that the burden of proof, in regards for the intention for human consumption, was on the government if any prosecution under the Federal Analog Act was to occur. Additionally, legal ambiguities regarding the legality of certain analogs of scheduled substances had been established in the aforementioned court case (In particular the similarities of AET and DMT were debated).

This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Operation_Web_Tryp".

[sands of time]

Well it's a shame, but we all knew it was going to happen. As far as the DEA is concerned, all drugs and they're dealers should be destroyed, even ones that are not illegal yet. I'm suprised that it took them this long to do this.

[oldman]

I have read that the severe illnesses that the DEA claimed about the other users was bunk and that the names of the people who were said to have experienced severe illnesses those people asked to heve their names removed. I guess the gov. feels it is serving a far greater purpose with this investigation and still allowing unidetified substances on the street for people to take, not being able to determine purity, quality or dosage. If someone owns a gun and misuses it and shoots themselves, do they sue smith and wesson? If I downed a fifth of JD in 2 mins and died is it their fault.

[oldman]

by the way american chemical is still running --although very expensive -- does anyone know what the real status is there after this investigation, or any of the others listed above?

[enquirewithin]

I'm afraid that is discussing sources.

[Sick Jack]

This aren't sources, they were busted and are no more in the business......

[oldman]

sorry I made a mistake about american was thinking of something else.