Drug and substance abuse continue to plague young Americans, and the Internet has only worsened the situation. The existence of the dark web has intensified the buying and selling of illegal opiates, giving the FBI sleepless nights cracking down on the vice. However, the Bureau is hell-bent on writing wrongs. It has continued its fight against drug-related illegalities by rolling out various operations. Perhaps one of the most popular operations was codenamed Operation Disarray. It’s rather interesting and reads like a movie.
In this article, you’ll learn the intricate details of FBI Operation Disarray and how the Bureau rolled it out. You’ll also know what came out of Operation Disruptor. More importantly, you’ll get an explanation of federal drug offenses and the legal implications for the accused. Let’s jump right in.
All You Need to Know About Operation Disarray
To give you some perspective, you should know that FBI Operation Disarray, and similar operations, such as Operation DisrupTor and Operation SaboTor, have had profound legal impacts. For each crackdown, there have been hordes of suspects seeking criminal defense attorneys for support.
After drug-related indictments and criminal complaints, the defendants seek refuge in law firms and bail bondsman for bail bond service. However, it isn’t easy for the accused to stay out of jail, mostly because the Bureau’s operation doesn’t just scratch the surface; it digs in, exactly what it did with FBI Operation Disarray.
How It Happened
Now to the juicy part. Four years ago, the FBI and the Department of Justice led a crackdown throughout the 50 states. The operation was run by the Joint Criminal Opioid Darknet Enforcement (J-CODE) team led by the FBI. Announced in early 2018, Operation Disarray was an initiative to disrupt the online sale of opioids, which has grown like a fiery flame. The operation was the first to happen simultaneously across the country.
The nationwide action aimed at casting light on the many people using the dark web to engage in the illegal opiate business. It resulted in hundreds of arrests of criminals who probably thought the dark web made them invincible. It turns out that the data center software and other FBI technology were able to arrest many people who fueled the drug addiction flame in the country.
Details of Darknet Marketplaces
In the dark web, the drug marketplaces look like your everyday e-commerce sites. You’ll see the average product on sale on a darknet marketplace, with thousands of sales promotions and customer reviews. However, if you click the drop-down menu, you’ll notice the marketplaces direct customers to illegal drugs like heroin, fentanyl, and cocaine.
To access a darknet marketplace, the players use a type of software, mostly the Tor network, which claims to give them much-needed anonymity. Besides Tor, players use Virtual Private Networks (VPNs) to disguise their location to confuse surveillance. Then, a drug user will buy narcotics and accelerate their addiction with a simple click of a mouse. The FBI says that the drug trafficking scene has changed, and what was once a real-world business has moved into the virtual realm.
Looking Back: Operation DisrupTor
Unlike FBI Operation Disarray, which was only limited to U. S. territory, Operation DisrupTor extended to the international community. It was conducted across Europe and the United States and had the same plan as Operation Disarray. The operation seized at least $6 million in cryptocurrency, cash, and about half a tonne of drugs worldwide.
The detectives also seized drugs such as oxycodone, meth, heroin, ecstasy, fentanyl, and about 63 firearms. The operation also lifted the names of darknet marketplaces like Wall Street, DeepSea, Empire, and White House. Simply put, DisrupTor disrupted the online trade and sent a strong message to criminals that the long arm of the law will always catch up with them.
Federal Drug Offenses Explained
To understand the success of FBI Operation Disarray, it is imperative that we examine the drug laws’ purview and implications and the process of convicting drug criminals. For starters, many people indicted through crackdowns like Operation Disarray usually appear before a federal judge to face federal drug violations. These cases are usually complicated, but a reliable bail bond agency may keep the person on trial as the lawyer prepares a solid defense. Here’s all you need to know about federal drug offenses.
Description and Jurisdiction
Possession of a small number of drugs will have the accused charged at the state level, while accusations like drug trafficking and manufacturing go to federal court. Federal cases often include enterprises and extensive criminal networks with significant profits. Essentially, federal drug charges involve offenses deemed severe, or the offender has an extensive criminal history. Therefore, crackdowns involving the FBI, such as Operation Disarray, subject the accused to federal law.
CSA Policy and the Five Schedules
The government regulates drug manufacturing and distribution using the Controlled Substances Act (CSA) on drugs and substance abuse. It categorizes the substances into the following five schedules:
- Schedule I (drugs with a high potential for abuse): marijuana, heroin, LSD, and ecstasy
- Schedule II (dangerous drugs, high potential for abuse, may lead to severe psychological dependence): meth, cocaine, morphine, oxycodone
- Schedule III (moderate potential for abuse): anabolic steroids and Vicodin
- Schedule IV (low potential for abuse): Valium and Xanax
- Schedule V (medication-like substances, almost zero potential for abuse): Lyrica
What do these schedules mean? The legal penalties for any drug-related crime depend on the schedule of the drug. As you may have already guessed, drugs with high rankings entail more serious punishment. For any lawyer handling a drug-related crime connected to FBI Operation Disarray, the first thing is to know the schedule so that they prepare a solid defense.
Legal Implications for Guilty Parties (and Information on Bail Bonds for Drug Charges)
The government treats drug-related crimes seriously, so you expect immense legal implications for the guilty parties. In this section, you’ll know the minimum mandatory sentences and how a criminal lawyer can make it easy for you or a loved one who has been charged with a drug-related crime.
Minimum Mandatory Sentences
In the legal provision related to FBI Operation Disarray, the mandatory minimum penalties are tied to the type of substance and the quantity. If a certain quantity threshold is met, there is a five-year mandatory penalty, with a maximum of 40 years. For example, if the authorities find 100g of heroin, the accused person will be staring at five years behind bars.
Moreover, the penalty increases if the offender has a record of previous drug offenses. For example, if the accused qualifies for a minimum of five years, the state could add ten years to life if they have a prior conviction of a drug offense deemed a felony.
Higher penalties apply if the person who uses the controlled substance causes serious bodily injuries. If the accused person is also categorized as a trafficker, they could be staring at ten years in jail. However, there is leniency for smaller criminals and emphasis on major traffickers and people who head drug-related organizations.
All in all, the court can only impose a sentence that follows particular guidelines. For example, if the accused person is to get a lenient sentence, they shouldn’t have more than one criminal history point. Besides, they shouldn’t have used any violence connected with the offense. Additionally, they shouldn’t have been an organizer or manager. Such a person could even fight for a bail bond and stay out of jail for good.
Federal Criminal Defenses Attorney for Drug Cases
Lawyers dealing with criminal cases understand they require a multi-tiered strategy. Ideally, a good attorney should ensure the accused gets the most favorable outcome. It could be a verdict of a lesser offense, acquittal at trial, or even a total dismissal of the charges. Ideally, a lawyer should fight for you to stay out of jail using tiptop legal standpoints.
The criminal lawyer should challenge unlawful searches and seizures by pursuing suppression motions. Other case elements they could focus on include planting drugs, tampered-with evidence, paid informants, or even flawed testimony.
Other issues a federal criminal defense attorney can explore are faulty crime lab analysis and willful blindness that the accused was part of a drug crime. With all those legal standpoints, a lawyer can put up a worthy fight in cases that may seem futile to many people.
Issues of Pre-Trial Release, Plea Bargain, and Detention
In a federal court, a judge usually determines the danger the accused person may cause if they return to their community or move around. They also listen to bond hearings. The criminal lawyer will try to give the judge reasons you shouldn’t spend a day in jail. If your attorney succeeds, you’ll earn your freedom. When you’re outside jail, it’ll be easier for your lawyer to build a defense because of ease of access. This is true for all cases, including those related to FBI Operation Disarray.
At the first court appearance, many federal drug offenders plead guilty. This increases their chances of getting a reduced charge or even a lower sentence than the statutory law stipulates. However, it is entirely the defendant’s decision to plead guilty or not guilty. Ideally, a lawyer should advise or pressure their client to make a plea they don’t want. They should advise you on all the sentencing consequences and legal ramifications.
Bail Bonds for Drug Charges
Like any other bail bonds, bail bonds for drug-related charges are surety. The sitting judge will set a particular bail amount when the bail hearing commences. If the accused can’t raise the entire amount, they can post a bail bond. Going down this route means getting a bail bond agent to co-sign the bond. After that, the bail bond company guarantees the court they’ll pay the full amount if the defendant doesn’t appear during trial.
If the accused person works with a bail bond agent, the agent may charge them about 15% of the total bail for their services. To avoid such steep rates, the defendant should explore bail bond agents who understand their situation and give them low rates, down to 5% or so.
Before the bail bondsman (or agent) agrees with the court, they’ll need some collateral. Since they’re taking the risk of paying the bail amount, it is only fair that they have something to hold on to. The bondsman will accept most property and assets as collateral, like vehicles, jewelry, stocks, and real estate. If the defendant doesn’t show up in court, the bond becomes forfeited, and the bondsman is left with no choice but to cash in the collateral and pay the court.
Conclusion
You now know the legal impacts of the FBI Operation Disarray on the dark web drug marketplace. The FBI made over 60 arrests countrywide, and drug seizures and house searches revealed more about the drug business in the marketplace. These operations are vital because the government must curb illegal online drug businesses and take many people into custody. The suspects face federal drug charges, and depending on the drug in question, they could go to jail.
Luckily, there’re bond dealers and agents who help defendants from going to jail pending trial. Such freedom allows the defense lawyers to access the client, increasing the chances of preparing a good defense. Using various legal standpoints, the federal criminal defense attorney can help the accused person to avoid a harsher sentence or going to jail all together.
