cant do their image any good if they ave been doing that!

You don't seem to understand the law in question then.

You don't have to convince a jury to send someone to jail. It's a black and white issue, you're either compliant or you aren't, and if you aren't then the jury has no choice but to find you guilty, and the judge has no choice but to sentence you based on the guidelines set forth in the statute.

It sucks, it's not fair to go to jail for a paperwork error, but congress passed the law and the president signed it and that's the way it is.

There "will" be a constitutional battle over the statute itself, but GGW probably didn't see that as their fight and I can't say that I blame them. If I can pay a fine and be done, or I can "fight the good fight" and possibly spend 5 years in jail if I lose, I pay the fine every day and twice on Sunday.

You dont seem to understand the way the court system works, they just cant say you broke the law give the sentence. I dont know what kind of lawyer you talk too but if it went to court a competent lawyer could show the confusing aspect of the law and therefore his client is not guilty of the clerical error that he was trying to comply the best he could with such a confusing statue.
Once again if it was as simple as you said they could of gotten rid of half the websites in the us already but its not that cut and dry.

I disagree, you can't argue that a statute was too confusing to a jury, a jury can't decide whether or not a law is "fair" they can only decide your guilt or innocence based on the law as it is written.
Arguments over whether or not the law is clear or fair or whether or not is possible to comply with aren't for juries, they're for judges.
I think that is their intention. Obviously the justice department and fbi's resources were overwhelmed after 9/11, which is what took this administration so long to start coming after us, but they are indeed coming after us.

Our court victory in the 10th circuit has also been holding them up. I think they had every intention of going after secondary producer website owners the day the new regulations went into effect, but our court challenge stopped that.
Now they're inspecting primary producers (not covered under the FSC's agreement with the DOJ) AND rewrote the law regarding secondary producers which is really going to screw us in the court case in Denver.

It's not a matter of if, it's a matter of when, they're coming for us and we all better have our docs in order.

:2 cents:

good, i never liked that guy. and the videos fuckin suck.

I'm hiring the lawfirm of Lenny2& Tony404 LLC to represent me!

Reading all of this...I am really glad that I didn't take everyones advice a couple of days ago and restart my sites.

I remember a judge a few years back saying that 'Girls Gone Wild' was not pornography.. I guess things have changed.

You mean he goes to jail and gets popped for five years... :winkwink:

I think you are incorrect here Tony... If I were a juror and I were instructed that I had to convict someone based upon the facts (not my own opinion of the facts) and the facts stated and were borne out that the accused was guilty of the crime then no matter how 'stupid' I thought the law was, it's still the law and I'd have to vote based upon the facts... guilty. Jurors don't have the luxury of voting based upon their opinions.

Where does it say there was a jury or a judge? This looks like a simple plea agreement... geez.

It doesn't, we were arguing the hypothetical "what if they had decided to fight".

Tony seems to think that if you can prove that the girls were over 18 that a jury won't send you to jail for simply not having the records (or not having them in order) during an inspection.

I disagree.

I wasnt talking not having the records I was talking about a clerical error, like you cross referenced 4 times and it could of been done 5. Again its not black or white its very grey. Thats why the more legal power you can afford the better defense you got. If it was just black or white it wouldnt matter what lawyer you had.
If it was as you say they would of closed those sites already because there would no case, your not in exact compliance off to jail you go. That would be very quick but those things are never that simple.
Now I have records and a office to hold them.At the request of my attorney will be adding a second local criminal attorney on retainer. Everyone that doesnt live in the same state as their lawyer should do that. This is all a insurance policy for something I really dont worry about any more. If your in their sights 2257 will be the least of your worries. With GGW it wasnt a 2257 check , they already know they shot underage girls. So this is step one of that.