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The Courts Government Spam News

30 Years For Online Pharmacy Spammer 310

jotter507 writes "So, you get arrested for running an illegal online pharmacy and the judge orders you to stop selling medication over the Internet. Don't sit around and do nothing before the trial! Run off to the Dominican Republic on a false passport, withdraw money from an account ordered frozen, and start up another online 'pharmacy.' It didn't end well for 27-year old Christopher William Smith, also known as 'Rizler.' The world-reviled spammer and Internet drug dispenser received a 30-year sentence from a federal judge on Wednesday."
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30 Years For Online Pharmacy Spammer

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  • by elrous0 ( 869638 ) * on Thursday August 02, 2007 @08:35AM (#20084985)
    Keep in mind that this guy did a LOT more than just spamming or even selling drugs. He fled the country, was laundering money, and (most egregiously) was trying to hire a hitman to kill one of the children of a witness against him.

    In other words...good riddance scumbag.

    • I Still think Spammers should have to be poked (in the same spot) for every spam they send.
    • by Soko ( 17987 ) on Thursday August 02, 2007 @08:43AM (#20085133) Homepage
      Excessive? EXCESSIVE? No way dude. This guy got it right:

      "Hi, we're a group of ominous looking people who happen to deal with way too much spam. We'd like to wander aimlessly around your house discussing vivid images of what should be done to spammers, their families and casual acquaintences, and make veiled threats as to the future of your limbs (attached or not), animals and the insertion of farming implements into your orifices".

      Chris "Saundo" Saunderson
      He should be grateful most sysadmins are too cynical, moral, smart and busy to go to Law School and become judges. I would imagine "All rise for presiding Judge Simon Travaglia [wikipedia.org] would strike abject terror into the heart of any spammer.

      That would be cool.

      Soko

    • Re: (Score:3, Insightful)

      by garcia ( 6573 )
      He fled the country, was laundering money, and (most egregiously) was trying to hire a hitman to kill one of the children of a witness against him.

      Not only did he flee the country, but he fled the country to setup shop outside of US jurisdiction to have the money keep rolling in. Why he ever came back at that point I'll never know. I guess the lure of his $1.5 million home and numerous fancy cars in Prior Lake, MN was too much for him.

      I don't think his sentence was excessive in the least. What I do think
      • Just because they had a conscience once they were busted shouldn't allow them to get off with slaps on the wrists and promises by the judge to write future recommendation letters if they have problems gaining employment with a conviction.

        If it helps, keep in mind that their conviction of these crimes will follow them around pretty much for the rest of their lives. Most employment applications require the applicant to be forthcoming on felony convictions. For good jobs, many applications indicating a felon

        • Re: (Score:3, Insightful)

          by garcia ( 6573 )
          If it helps, keep in mind that their conviction of these crimes will follow them around pretty much for the rest of their lives. Most employment applications require the applicant to be forthcoming on felony convictions. For good jobs, many applications indicating a felony conviction find their way very quickly to the circular file. Life will be very hard for them. Maybe better than prison, but still very hard.

          Perhaps you didn't read what I had to say. The judge presiding in the case offered to write a let
    • Wait a minute you've got this all wrong. He was simply playing SIMS and that alleged hit he put out. Part of the game. Stealing money... part of the game. Now if you would kindly let him out of prison, he won't steal, rape, rob, pillage anymore your honor
    • by mi ( 197448 ) <slashdot-2017q4@virtual-estates.net> on Thursday August 02, 2007 @08:59AM (#20085351) Homepage Journal

      He fled the country, was laundering money, and (most egregiously) was trying to hire a hitman to kill one of the children of a witness against him.

      Still excessive in my opinion. American sentences boggle one's mind... After Stalin's death the maximum sentence in USSR was reduced from 25 years to 15 — although many crimes were still punishable by death (as they are here) and one also got to spend their days in much harsher conditions than in the US.

      The main difference here is that in the US sentences are added up upon one another, whereas in most of the rest of the world they run concurrently. It could be argued, that American system continues to deter criminals after their first crime, while the other system makes the subsequent crimes "free". On the other hand, once a crook has accumulated enough years in US, their subsequent crimes are also free, because any sentence will be, in effect, a life one. With a considerable sentencing leeway given to judges, in neither system do the subsequent crimes need to be "free".

      Increasing the harshness of the punishment hardens the criminals and makes them more likely to escalate violence. There is a well known historical precedent from medieval Europe, where a local baron instituted death penalty for highway robbers. Having nothing more to risk, the robbers started killing their victims instead of simply robbing them...

      What works best is the inevitability of punishment, rather then the harshness of it. 25% of the spammers receiving a 1 year sentence would deter more scumbags, than 2 of them (a fraction of a percent) getting publicly chopped up on a wheel.

      • by YrWrstNtmr ( 564987 ) on Thursday August 02, 2007 @09:20AM (#20085637)
        The main difference here is that in the US sentences are added up upon one another, whereas in most of the rest of the world they run concurrently.

        No, that is by no means a hard and fast rule [law.com].
      • by Branc0 ( 580914 ) on Thursday August 02, 2007 @09:22AM (#20085689) Homepage Journal

        It is interesting what you say but I have to give you the other end of spectrum. I live in a country where the maximum penalty is 25 years. It really does not matter if you kill one person or 4 you will get at most 25 years.

        Recently we had a case in the news where one guy killed 3 little girls, hid the evidence, tried to blame it on another guy and commited two or three more crimes, he got nailed with 25 years and the defence is appealing to try to reduce the time (unlikely, since the total time was around 60 years, even if they reduce somewhat it will still be over 25).

        Now I believe, 25 years in jail is a long time. When you get out of there you sure did have some time to think about the things you've done and how to straighten up (of course, some never do). The real problem here is paroles, saw it on the news that although he got 25 years sentence, in some cases they get out on parole after 6 years, and hardly anyone gets more than 16 years or real jail time.

        Now this starts to look short. So we either need to review the parole system or we need to start comulating penalties like in the US so that criminals do pay their time in jail. If one of the girls he killed was my daughter and he got out of jail in 6 years... oh boy, don't even want to imagine how I would feel and just how much I would be willing to do.
        • by mi ( 197448 )

          The real problem here is paroles, saw it on the news that although he got 25 years sentence, in some cases they get out on parole after 6 years, and hardly anyone gets more than 16 years or real jail time.

          16 is still very long. It is one year longer, than the longest sentence in USSR. 6 may be short, but it is, probably, in cases, the man is judged to have completely reformed...

          The purpose of punishment is not to exact vengeance — it is to deter crimes and to comfort the victims.

          If anything coul

          • by Oligonicella ( 659917 ) on Thursday August 02, 2007 @10:36AM (#20086829)
            "The purpose of punishment is not to exact vengeance -- it is to deter crimes and to comfort the victims."

            Baloney. The purpose of punishment is punishment. Nothing, not a damn thing, deters crime.
            • Re: (Score:3, Insightful)

              by elrous0 ( 869638 ) *
              Exactly. It's not like most criminals are intelligent and rational people who sit down and weigh the pros and cons of what they're doing beforehand. Some methed-up piece of trailer trash who kills someone in a liqour store robbery is probably not going to carefully consider the repercussions before he commits his crime.

              As for the "maximum of 25 years" thing, this may be financially beneficial to the state--but I fail to see how it benefits the society (especially in extreme cases such as established seria

          • Re: (Score:3, Interesting)

            by ultranova ( 717540 )

            The purpose of punishment is not to exact vengeance -- it is to deter crimes and to comfort the victims.

            If someone kills my children and the legal system fails to get vengeance, I will simply get it myself. That is another aspect to consider. Too weak punishments mean that people won't bother with the courts at all.

            If anything could be done to the man to bring his victims back to life, it should be done. But there is nothing we can do...

            We can, however, make sure that he never kills anyone ever aga

          • Re: (Score:3, Insightful)

            by mdielmann ( 514750 )
            Actually, from what I've heard, reduced sentences usually mean you didn't do anything too horrible while in jail, and not much else. Given the nature of the spammer's crimes, he'll probably be out in 10. And despite the horrific nature of the child murderer's crimes, the fact that he's already killed that many kids, and is probably incorrigible, he'll probably be out in 10 years of less, too. So it won't do enough for public safety, and it certainly won't deter those who would go around harming total inn
        • by ErikZ ( 55491 ) *
          "Think about what he's done"? Are you serious? Do you think he went off and murdered people on a whim? That it wouldn't have happened if he just put some thought into it?

          One of the main reasons for prison is to keep people safe from the wolves among us. In the old days they would be killed to get the same result.
        • by smellsofbikes ( 890263 ) on Thursday August 02, 2007 @11:49AM (#20088169) Journal
          Basically what we're talking about here is a type of compression algorithm. A person lives an average of 75 years, and for purposes of this discussion, let's assume the person is youngish, since they're more likely to commit crimes. Say 25 years. That means that a 50 year sentence is essentially the maximum useful sentence -- it is equivalent to life in prison. So the *worst* crime imaginable would map to this -- the one where you kill everyone in the world by sexually assaulting them with kittens and then peeing on their dead bodies while singing heavy metal ballads.
          A proportional justice system means that anything less than this ultimate crime, should have a lesser sentence.
          From there, it's just a question of how you map things -- is it linear or logarithmic with the severity of the crime (since causing a crash that injures two people is only 1/100000000 as bad as killing everyone in the world with kittens, should your sentence for doing this be only 1/100000000 as long as a life sentence, or only 1/1000?) What level of crime is sufficient that anything above it maps to life in prison? How much will that cost?

          To the victim, any sentence probably seems too lenient, because the victim has been personally affected. The questions are: what is best for society as a whole, and what are we actually trying to do with imprisonment?

          Fundamentalists (which I use in its original meaning) and many conservatives feel that criminality is permanent, and as such, prisons are primarily punishment, retribution, or a way of getting rid of criminals if we can't outright kill them. As a result, they tend to want very long prison sentences or the death penalty.
          Progressives, and most liberals, feel that criminality is situational, and as such, prisons can be used for rehabilitation, so that once the sentence is served, with appropriate help and training, the person coming out is possibly no longer a criminal and can live a useful, productive, non-criminal life.

          Basically, you have to ask yourself what you think prison is for. If it's for making people suffer for having done bad things, you're probably going to want long sentences and capital punishment. If it's for fixing broken people, you're probably going to favor shorter sentences and definitely going to favor education, job training, and self-advancement opportunities being offered in prisons. Victims of crime are naturally going to feel retributive towards the criminals who caused them suffering, and probably towards criminals in general. I personally think that one of the responsibilities of society at large is to approach crime with a neutral point of view, and make sentencing depend on what's best for society as a whole, rather than just to appease the feelings of the victim.
      • The main difference here is that in the US sentences are added up upon one another, whereas in most of the rest of the world they run concurrently.

        I believe concurrent sentences are by far the norm in the US as well. Sometimes it is even a statutory requirement that sentences be concurrent if the various offenses stem from the same instance of criminal conduct. Perhaps you are confused by various modifiers where years are added for possesion of a gun, selling drugs near a school, etc.
      • >After Stalin's death the maximum sentence in USSR was reduced from 25 years to 15

        As a concession to the beat up population of a murderous despot who jailed anyone who look at any of his cronies the wrong way.

        >Still excessive in my opinion.

        For attempted fucking murder? Are you crazy? If someone tried to kill you or someone you love, I doubt you'd be so forgiving.
        • by mi ( 197448 )

          For attempted fucking murder? Are you crazy? If someone tried to kill you or someone you love, I doubt you'd be so forgiving.

          You are right, it is likely, I would not be forgiving, and I'd be demanding a harsh penalty. Being in a calm state that I am today, I can say, I'd be wrong, however...

      • by Merk ( 25521 )

        The biggest problem with the US justice system really isn't the length of sentences, it's the recidivism [wikipedia.org]. Nearly 80% of people convicted of stealing a car are re-arrested later for the same thing.

        Punishing people feels fair. You want someone who did something bad to suffer, in particular if you were hurt by what they did. On the other hand, prison shouldn't be a place where criminals to go to be better, harder criminals. It should be somewhere where people who are a danger to society are helped to b

        • "... what's more important to society, making the life of a criminal miserable, or making sure that when they're released they don't make anybody else's life miserable?"

          Show me how that can be done and I'll agree with it. Since rehabilitation is mostly a pipedream, I don't.
      • The flip side of the coin is that if the penalty is too light, then people start doing bang/buck maths. If you scammed people out of 100,000$ and you get 1 year for it, well, then for a _lot_ of people it's more than they'd make in any other job.

        Saying that inevitability alone is all the deterrent and harshness doesn't matter, paints a highly skewed and misleading picture. Consider this extreme example: let's say we make the penalty for murder something as trivial as house arrest for a day. We also make it
      • by swb ( 14022 )
        After Stalin's death the maximum sentence in USSR was reduced from 25 years to 15 -- although many crimes were still punishable by death (as they are here) and one also got to spend their days in much harsher conditions than in the US

        Do you really take a window dressing law in the Soviet criminal justice system seriously? As if the Soviets were actually reforming anything and not just engaging in some kind of PR exercise for internal or external consumption?

        What works best is the inevitability of punishme
    • Re: (Score:3, Informative)

      by Creepy ( 93888 )
      Just to clarify, the money wasn't laundered, more concealed - he hid a lot of it in cereal boxes (1.1 million). Laundering is sending it through accounts and/or businesses to conceal its origins and make it clean money in the account. I've never read that he did that.

      He also didn't really "flee" the country - as I understand it, he used a fake passport to go to the Dominican Republic to set up his pharmacy there after it was shut down in 2005, then _returned_ to Minnesota and continued spamming and sellin
    • Hold on, I have to wipe away a tear for him....ok, now I can giggle. *hee hee!*

      Too bad he won't have email in prison. I'd like to send him some spam for "v1a_gra".
    • That's quite a trick, calling leaving the country rather than appearing in court illegal. It's not illegal anymore once you're gone! And just about the whole world refuses to sign extradition treaties with the US. For minor crimes you might as well serve your sentence and get on with your life, but 30 years?! He was a millionaire living in a 3rd world country, what didn't he have in the DR?
  • Good idea (Score:2, Funny)

    by SteelFist ( 734281 )
    Sounds like a perfectly good buisness model to me! Wonder what could go wrong...
  • by ShaunC ( 203807 ) * on Thursday August 02, 2007 @08:35AM (#20085005)
    If this guy's getting 30 years, then whoever's behind the "United States National Medical Association" deserves the death penalty. I've never seen so much spam for one target site as I have for US-NMA, and what puzzles me is that the spam continues even though the domain has been parked at an error page for at least a week now. It's almost as if they no longer care about selling fake pills, they just want to annoy the hell out of everyone...

    Oh well, kudos to those involved for putting another spammer away. Keep up the good work.
  • amazing (Score:2, Funny)

    And for once, the system works like we all want it to.
  • by paladinwannabe2 ( 889776 ) on Thursday August 02, 2007 @08:43AM (#20085129)
    It seems the spammer did everything in his power to maximize his jail sentence. Not only did he defy the judge at every opportunity, but he also threatened to kill a witness's children if she testified. He probably could have gotten away with serious fines if he had only cooperated, but instead he's probably going to lose not just his 10+ Automobiles, but also as many of his millions of dollars as the government can find.
  • Ouch. (Score:5, Funny)

    by spocksbrain ( 1097145 ) on Thursday August 02, 2007 @08:44AM (#20085147)
    30 years is tough. He is probably really anxious and stressed, I suggest he take some x.a@x!
    • Re:Ouch. (Score:5, Funny)

      by jollyreaper ( 513215 ) on Thursday August 02, 2007 @09:05AM (#20085445)

      30 years is tough. He is probably really anxious and stressed, I suggest he take some x.a@x!
      Naw, I'm just going to spam his cellmates with free v!aGrA. The conclusion of this joke is left as an exercise for the reader.
  • by erroneus ( 253617 ) on Thursday August 02, 2007 @08:48AM (#20085201) Homepage
    As I understand it, there is no parole and time off for good behavior. This is good... very good.

    Still... I wake up almost every morning hoping to see a headline about "spammer brutally murdered in his mansion." Yes, I'm sure I'm not the only one who hopes for such headlines, but my imagination goes further... I want to see something in the story stating that the cause of death was from being buried under the weight of several thousand cans of canned-meat [by-]products.

    I'm sure there are more creative ideas than this, but I think the world would generally approve of this means of waste disposal.
    • I'm sure there are more creative ideas than this, but I think the world would generally approve of this means of waste disposal.

      I think perhaps having the canned meat pumped through both orifices simultaneously would be interesting. Imagine the statement following the autopsy: "This man was filled with Spam(r) from his esophagus to his rectum. I would have to attribute that as the cause of death."
    • As I understand it, there is no parole and time off for good behavior. This is good... very good.

      The federal system does not have parole, but inmates can earn up to 15% sentence reduction (serving 85%) with good behavior.

  • by grolaw ( 670747 ) on Thursday August 02, 2007 @08:58AM (#20085331) Journal
    Sentencing guidelines. The PROSECUTOR not the JUDGE makes the ultimate decision of what charges to bring and the Judge has to apply the guidelines and explain if the Judge deviates from the guidelines (upward or downward).

    FWIW, this guy is much more than a spammer and 30 years is far from a reasonable sentence. 300 years for conspiracy to murder the child of an adverse witness is a fair term FOR THAT ONE CRIME.

    A Cage is where we put people too dangerous to be a part of society. (IMHO, that includes you loonies who think business and people should have unfettered power - s**t what happens when your "unfettered" business starts feeding us CO-treated bad meat or your drunken neighbor decides to fire his .50 sniper rifle from his living room - just to see how far the bullet goes? GUESS WHAT - we have to have laws!).
    • Re: (Score:2, Funny)

      Listen asshole, for the last time, THAT WAS NOT A .50 cal sniper rifle. That was a .30 cal m1919, and just because you couldn't see the black helicopter doesn't mean I couldn't, mark my words, one day I'm gonna shoot that fucker down, then you see. THEN YOU WILL ALL SEE!

    • Actually, since Booker, the sentencing guidelines are no longer mandatory. I'm sure D.Minn. judges are still giving guidelines sentences, but they aren't strictly required to. The sentence just has to be "reasonable;" sounds like the reporter for this story picked up on the sentencing court giving its reasonableness analysis for the record.
    • Re: (Score:3, Interesting)

      by MBGMorden ( 803437 )

      .50 sniper rifle

      Very few (if any) .50's are used for sniping. The standard rifle used by US Army snipers is a Remington 700 in 7.62 NATO (.308" caliber); the DC snipers used a Bushmaster chambered in 5.56 NATO (.223" caliber). Almost all rifle bullets used for sniping are 8mm (.315") or smaller in diameter. I'm assuming by .50 you mean .50 BMG, and in the civilian sector it is used almost exclusively for very long range TARGET shooting. A few people use it to hunt large animals (such as African safari hunts) but even

      • Among others, I own a Sako Custom 75 chambered in H&H .375 - I've used it for Alaska Hunts. I spent nearly $5k on that rifle and nearly $2k on the scope - a Swarovski PH2.5-10x42 - 4NK - and, NO I don't enjoy firing it - it kicks like three mules - but it will down a grizzly at 100 meters. It will also take Caribou and Moose at 250-300 meters with the Nosler 260 gr Partition - about $75 for 20 rounds.

        The point of using a .50 as an example is that it is the single most potent rifle a citizen can own (4
    • You are suggesting a 300 year sentence? wow, how long do people live in your place?

      My understanding is that in the USA, sentences can be put back to back, is that true? so if you did ten things that were worth a ten year sentence you'd get a hundred years?

      If so, what's the point of issuing sentences over 75 years or so? why not just say "until you're dead, no remission"? Genuine question rather than flamebait, can anybody enlighten me to the legal thought behind what seems a bit silly on the surface. As som
      • Parole. Convicts, with good behavior, are paroled after a certain part of their sentence. So if you give someone 25 years, with good behavior he can be out in 10. Give him 250 years, with good behavior he can be out in 100.
      • by grolaw ( 670747 )
        You have to give a fixed sentence - usually in months.

        You can serve sentences for multiple offenses consecutively or concurrently. The Judge makes that determination.

        If you are a "good prisoner" you may have your sentence reduced by some divisor - and that is done by a pardons and parole board (in most states). They (the board) are guided by the term imposed and other factors. The crimes this guy committed did not permit a sentence of "life without possibility of parole" so a very, very long sentence sen
    • FWIW, this guy is much more than a spammer and 30 years is far from a reasonable sentence. 300 years for conspiracy to murder the child of an adverse witness is a fair term FOR THAT ONE CRIME.

      WTF man? Why are you people constantly putting "murder of *the child*"? Why does it even matter if it was a child, a 30 year old man or a 100 year old granny with no teeth? Isn't the law suppose to me blind??

      All he probably got was X years for conspiracy to murder a witness. Period. I'm sick and tired of people constan

      • A human life is a human life - you are correct.

        Why focus on the kid? Because the conspiracy involved more than mere murder. It was a threat to silence an adverse witness. The sentence should have been 300 years if the Perp had threatened the witnesses' spouse, parent(s), children, grandchildren or best friend.

        Anybody willing to kill to cover a crime needs a long, long sentence. I quit a job as an assistant county prosecutor where the elected prosecutor cut a deal with the hired killer (double shotgun mu
  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Thursday August 02, 2007 @08:58AM (#20085347)
    Comment removed based on user account deletion
  • You can almost hear the cartoon music: "Wah-wah-wah-waaaaaaaaaah."

    (Oh noes! Where will teenage boys buy their Accutane now? How will insecure old men buy their C.1.a.L.1.s anonymously? Anarchy and chaos, I tell you!)
  • Last time a spammer got sent to jail, someone had the great idea of sending all the viagra and cialis they'd been selling to thier cellmates. We need to get a cellmate's name and address once he's put in, I'd be willing to visit an online pharamcy and order some as a gift package : )
  • ...he'll end up in prison with men who've enlarged their dicks with v1agra and are looking for HOT SEX NOW
    • by rangek ( 16645 ) on Thursday August 02, 2007 @10:09AM (#20086361)
      What the hell is up with rape being considered part and parcel of a just prison sentence? It is just sickening that a large segment of our population does not seem to have a problem with people being raped, assaulted, or otherwise abused while in prison. Imprisonment is supposed to be the punishment for serious crimes, not imprisonment, rape, etc.
      • by ErikZ ( 55491 ) *
        You're right. We should get rid of the rape aspect of prison and just leave the wholesome race wars.

        Prison sucks. It sucks for the people who go there, it sucks for the people who work there, and it sucks for the society that has to pay for it.
        • by rangek ( 16645 ) on Thursday August 02, 2007 @11:01AM (#20087215)

          You're right. We should get rid of the rape aspect of prison and just leave the wholesome race wars.

          No, that's not right either. Crimes committed in prison should not be given a free pass by society, whether rape, assault, or whatever.

          Prison sucks. It sucks for the people who go there, it sucks for the people who work there, and it sucks for the society that has to pay for it.

          I agree. But that is no reason for some people to condone criminal behavior in prisons.

          BTW, I love how I got modded "Flamebait" for speaking out against rape. Nice...

          • Modding... (Score:4, Insightful)

            by msimm ( 580077 ) on Thursday August 02, 2007 @12:27PM (#20088993) Homepage
            Fuck them. Good for you for speaking your mind. People seem to have forgot the whole reform idea. If you put someone into a place where the only protection they have is packs and violence then what will you get when they come out? And what about the people in prison for crimes they didn't commit? We all know it happens. Or for things like the drug laws where local and federal laws are misaligned?

            There are some crimes I don't condone and people I personally wouldn't like to see re-integrated back into society (rapists, sociopaths who murder). But there are a lot of people who make mistakes and should be allowed to return to society after serving their time.
  • by u-bend ( 1095729 ) on Thursday August 02, 2007 @09:19AM (#20085633) Homepage Journal

    Find out the sex craving all guys have
    I guess in prison, he really will.
  • 30 years is about like marriage, between cellmates.
  • by Vexler ( 127353 ) on Thursday August 02, 2007 @09:32AM (#20085797) Journal
    Michael Bolton: We get caught laundering money, we're not going to white-collar resort prison. No, no, no. We're going to federal POUND ME IN THE ASS prison.
  • Pain medication (Score:2, Interesting)

    This guy was scum, no question about it. And yet the ironic thing about it is that he may have really helped many people in need. Many people are suffering from severe pain, and yet are unable to legally obtain the relief which should be readily available to them. One hand, you could say that he overcharged such people and took advantage of them - but then again, he also met their needs (regardless of his intentions.)

    The government's overzealous prosecution against pain medication is a far greater moral wro

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