Conspiracy to Distribute Controlled Substances; Use of the Mail to Commit a Drug Trafficking Offense; Receipt by Mail of a Misbranded Drug: Prosecution Diversion.

Federal authorities learned of an Army veteran who was receiving controlled substances by U.S. mail and repackaging them for illegal distribution throughout the country. The man used the internet to order Tramadol, a synthetic form and morphine, and other drugs from pharmaceutical distributors located overseas to include India He received the controlled substances, without a valid prescription, at his home using the mail system. Once received, the veteran used some quantity of the drugs for his own personal consumption and addiction. He then repacked and reshipped other quantities of the drugs to individuals throughout the country. The man came to the attention of U.S. Postal Inspectors and other federal law enforcement authorities who obtained a search warrant for and executed it at the man’s home.

Once the home was searched and before he was criminally charged, the former Army Officer hired Rhode Island Federal Criminal Defense Lawyer, John L. Calcagni III, to defend him. The Army Officer wanted Attorney Calcagni on his side because of his prior military and prosecutorial experience. Attorney Calcagni contacted federal law enforcement officers and prosecutors. He established a dialogue with them about this client’s alleged activity, and more importantly, his client’s long-standing narcotics addiction and service-connected disabilities incurred during combat service in Iraq.

Over time, Attorney Calcagni enlightened federal authorities about the man’s need for treatment opposed to punishment. He also demonstrated that the Army Officer never financially profited from or facilitated any of the narcotics transactions. He solely reshipped packages in exchange for free Tramadol, to which he was heavily addicted. Attorney Calcagni successfully persuaded prosecutors to not criminally charge his client.

Instead, the man accepted placement into the Prosecution Diversion Program in the District of Rhode Island. By the terms of this placement, the man must undergo counseling and treatment, not possess or own any firearms, and not ingest any controlled substances without a valid prescription. Providing the man complies with these conditions and is not charged with another offense for the period of one year, the case will close with no further penalty, ramification or inconvenience to him.