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Alex, I am not disagreeing at all that the likelihood of prosecution is slim. You have to remember though that the secondary producer section was slammed in Colorado because of precedent in the Sundance case. Another jurisdiction would not be obliged to follow this caselaw. Certainly any defendant would seek to get his/her case moved and consolidated with the Colorado case, but then again you are looking at hearing$ galore$$$.
I posted this before but I will cut and paste it in here:
I do agree that there is a potential for the prosecutors to get a very negative response from another jurisdiction since this case is ongoing and some results have already been reached. The potential to have their asses handed to them in a very public manner certainly will chill the desire for the DOJ to prosecute.
On the other hand, if I was a prosecutor who detested Company A's business, their business was in a jurisdiction with friendly law on the books, and I wanted to break a "bad guy" down financially, well yeah it would be worth considering. Remember that to get to a similar result that the FSC has reached will require significant legal funding, and maybe the Feds might just choose a small guy who they know doesnt have the backing to withstand a full court DOJ press. Maybe if I was a prosecutor, I could use the 2257 as a vehicle to just toss the place and look for evidence of other crimes. It doesnt mean I have to actually prosecute 2257 but the law allows me to knock on his door and be let in...
Bottom line IMO is if you are not an FSC member, now is not the time to be asleep at the wheel when it comes to records and you be wise to reaffirm that all aspects of the your business can withstand some level of scrutiny by government agents.
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