Feds Renege on Plea Deal for State-Legal Medical Marijuana Providers

Categories: Marijuana
Scottfeil1.jpg
SF Weekly
Scott Feil
Scott Feil wants to go to prison. And the United States wants to put him there.

That, however, is where the common ground between Feil -- one of the state-legal medical marijuana providers the federal government is prosecuting -- and the Department of Justice ends.

Three of the co defendants in USA vs. Feil et al. have all pleaded guilty rather than go to trial, where the U.S. Attorney for Northern California would be able to use such evidence as business licenses and tax receipts to put them behind bars, according to court records. That's all fine -- it was part of a deal among defendants and prosecutors.

What's not fine is that after the pleas were accepted, it appears prosecutors upped the ante: He would have to pay a multi-million dollar fine as well as spend 60 months in prison.

The government may never see the fine -- most of Feil's assets are in bankruptcy proceedings. But it will certainly ruin his life and meanwhile "it'll sex up the bust," he tells SF Weekly. In other words, the fine would make him look like the drug dealer he says he's not.

The holdouts in USA vs. Feil -- in which the U.S. Attorney's Office is pursuing drug charges against the operators of UMCC, Los Angeles' first medical cannabis dispensary -- are Scott Feil and his wife, Diana. She may not serve jail time, like the other defendants, in return for Feil taking the jail sentence.

According to court records, defendants Tom Carter, Mark Garcia, and Steve Swanson entered guilty pleas on May 9, May 26, and June 1. They will be sentenced in October.

The fine is meaningless, as Feil claims to have no assets other than his Lake County home after two years of litigating. But it sure would make him look a lot more like a drug dealer than a state-legal medical cannabis provider -- and that's the Justice Department's motivation, it seems.  "I'm their trophy," he says.

As for the prosecution? The Justice Department can make no comment until the case is fully adjudicated, according to spokesman Jack Gillund, though evidence of the three plea deals taken is in public record. A call and an e-mail to chief prosecutor Tarek Helou were not returned (rumor has it, has a relative in Washington, D.C. in the IRS's asset forfeiture also working on the case).

It's true that Feil once owned hotels in Fort Bragg and Eureka, as well as his home in Lake County. He surmises that the feds wanted to prove that the hotels were purchased with drug money. And they won't be forfeited either way, because the properties are in bankruptcy proceedings.

Feil has defeated law enforcement officials in court before. A U.S. Appeals court ordered the Los Angeles Police Department to return to him $186,000 seized during a 2005 raid on the dispensary in West L.A.

Unless a settlement is reached today, Feil could go to trial in the fall. Local cannabis activists are planning a rally outside the settlement conference, at the Oakland federal building at 1301 Clay Street in downtown Oakland at noon today.

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9 comments
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02
02

Mr. Feil has been avoiding paying the govenment for many, many years. (State & Feds)  It has finally caught up to him.  He always did have a very large ego.  I'm sure he's loving having his name known by so many. He was not doing what thousands of people do across the US; just trying to make it. He was living a millionaire lifestyle off of people with illnesses and also those who weren't even sick at all.  Poor baby lost all of his trophys, i.e hotels, restaurants, race cars, sand rails, planes, brand new vehicles, half million dollar RV's, expensive property and homes. Kharma is in the air for his present....and past wrongs. He is not the hero or martar he portrays himself to be. He is a con, a professional liar and you have all been duped.

Supersourd
Supersourd

What do you know, jealous fool?  He served the medicine, patients bought it.  He had to pay, they then purchased it.  It's a volume business, there will be money made.  He took the risk and the loser DEA ruined it.  He's not at fault, just another victim.

02
02

Jealous of what? I was married to that a-hole for 7 years, I know how he works. I know how he committed fraud against the banks he dealt with and how he did it against the government. He had no back problems when we were married. He raced stock cars in Petaluma for 10 years at least. Back problems my ass!  All he wanted to do was make the most money he could, the fastest way he could and aquire as many toys as he could.  He was entertaining his "wife" when she was 17 in our home when we were separated for 4 months. Yeah, he's a real upstanding citizen. Jealous?? Good F-ing ridiance, he's a useless con-artist and you are a useful idiot.

Djkfjrifjkdjf
Djkfjrifjkdjf

 Did he rape or Kill any one? Stupid egosentric sure hate the guy! Did he kill or rape any one? If he did I'm glad he got cot. If not.... I think we should rederect our hate to those I mentiond erlier!

Gardunos
Gardunos

Shame on Obama! Bigger liar than any president before him. Makes me miss Bush! At least he was honest on where he stood on issues like this!

Jeff
Jeff

Feil and his wife are wearing their clown shoes.I am glad their lives are ruined. Next?

AnonymousCamille
AnonymousCamille

Why do you hope their lives are ruined Jeff?  You should be careful about wishing ill to others, it will come back to bite your spiteful rump.

Gardunos
Gardunos

Hopefully the government will get to ruin your life, sometime real soon. Sounds like these people were doing the same thing thousands of people across the state are doing. Why do they have to have their lives ruined? Shame on you and all who share your communist views! The people have spoken and our government refuses to listen!

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