United States v. Bradley
| Decision Date | 21 December 2017 |
| Docket Number | CASE NO. 3:16-cr-50008 |
| Parties | UNITED STATES OF AMERICA v. JASON BRADLEY, NAYNA TAYLOR, AND EDWARD TAYLOR, Defendants. |
| Court | U.S. District Court — Western District of Virginia |
DEFENDANTS 1, 6, and 7
After a three-week trial, the jury found Jason Bradley, Nayna Taylor, and Edward Taylor guilty of conspiracy to distribute controlled substances and controlled substance analogues (namely, the synthetic drugs MDPV and a-PVP).1 The jury also found Bradley guilty of conspiracies to import drugs and to launder money. In post-trial motions, these Defendants asked the Court to acquit them, to grant them a new trial, and to declare the Federal Analogue Act unconstitutional.2 Defendant Bradley also asked for access to the court reporter's personal audio recording of the trial. At a hearing on these motions, the Court denied each and affirmed Defendants' guilt. This opinion explains that order.
I. MOTIONS FOR ACQUITTAL
Courts are required to sustain the jury's verdict "if, viewing the evidence in the light most favorable to the government, substantial evidence supports it." United States v. Kiza, 855 F.3d 596, 601 (4th Cir. 2017). "Substantial evidence is evidence that a reasonable finder of fact couldaccept as adequate and sufficient to support a conclusion of a defendant's guilt beyond a reasonable doubt." United States v. Howard, 773 F.3d 519, 525 (4th Cir. 2014) (internal quotation marks omitted). Inversely, Fed. R. Crim. P. 29 requires a court, on a defendant's motion, to "enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction." In evaluating the sufficiency of the evidence, the "Court must consider circumstantial as well as direct evidence, and allow the government the benefit of all reasonable inferences from the facts proven to those sought to be established." United States v. Cameron, 573 F.3d 179, 183 (4th Cir. 2009) (internal quotation marks omitted). Here Defendants moved for acquittal. Because the Government presented ample evidence to sustain the verdict, the Court denied Defendants' motions. The following sections describe the evidence that supports the jury's verdict and then address Defendants' other specific objections.3
Jason Bradley and his wife Deborah Ryba moved to Chicago in 2009, where they made a living by selling electronic cigarettes they bought from China. (Dkt. 570 at 17). In late 2010 they decided to cut out the middle man and move to China to buy their own electronic cigarette factory. (Id. at 27-34). They stayed in China over a year, but never were able to find a factory for the right price. (Id.). While they were still in China in early 2011, one of Ryba's cousins reached out to them. This cousin, David Scholz, had heard about synthetic drugs called "bath salts," and he wanted Ryba and Bradley to import these drugs into the United States so that hecould resell them. (Dkt. 570 at 34-37). Ryba and Bradley agreed to buy the drugs Scholz requested. (Id. at 39). One of these drugs was MDPV. This drug, according to the government's experts, is substantially similar to other controlled substances (like ecstasy) that are scheduled by the federal government. (Dkt. 508-60 at ECF 9-27; dkt. 561 at 33). Bradley investigated the drug's legality and tried the drug himself. (Dkt. 572 at 25-27; dkt. 573 at 80).
In spite of their knowledge about the drugs, Ryba and Bradley got to work. Ryba contacted a Chinese translator and negotiated MDPV pricing with factories. (Dkt. 570 at 38; dkt. 474 at 25-30). Bradley acquired samples and sent them back to Scholz. (Dkt. 570 at 44). Scholz approved of the samples, and Bradley began sending MDPV back to Scholz in larger quantities. (Id. at 22, 51; dkt. 573 at 28-29). The first order, containing a kilogram of MDPV, arrived in the United States in June 2011. (Dkt. 573 at 41-42). A second order arrived three months later. (Id.). A third order containing four kilograms of MDPV followed in late 2011. (Id. at 49-52). Bradley would open up rice cookers and other consumer goods, put the drugs inside of them, and then reseal the goods in an attempt to avoid law enforcement. (Dkt. 570 at 51-52; dkt. 474 at 31). Bradley would ship the goods through Hong Kong because he believed the United States scrutinized these shipments less than packages arriving directly from China. (Dkt. 570 at 51-52). In return, Scholz wired Bradley money for the drugs. (Dkt. 573 at 28-29).
Back in the United States, Scholz joined with Robert Schroeder and Ryan Buchanan to distribute MDPV to smoke shops and other retailers. (Dkt. 532 at 35-36). Schroeder and Buchanan had prior experience selling MDPV. (Dkt. 573 at 18-22). Scholz, Schroeder, and Buchanan incorporated their enterprise as "Modern Day Prophets" in June 2011 and then hired Nick Purintun and Brian Lister as salesmen. (Dkt. 532 at 36). Together, these five individuals worked to sell MDPV throughout the United States. MDPV was sold in unique packages as"Crystal Bubbly Hookah Cleaner," a recognizable brand created by Ryba and Bradley. (Dkt. 533 at 21-22; dkt. 572 at 31-33; dkt. 573 at 51-52). The salesmen phoned smoke shops throughout the country and discretely asked whether they carried "party powder" or "hookah cleaner." (Dkt. 533 at 30-31). If the stores responded positively, Modern Day Prophets would send samples and look to build a relationship. (Id.). The salesmen would tell these retailers what traditional drugs the synthetic drugs mimicked and how to ingest the drugs. (Id. at 34, 44). These smoke shops passed that information on to their end users. (Id.).
But even as the enterprise took off, legal issues loomed large. In July 2011, Bradley sent Ryba an email about a DEA bust of a bath salts ring that was selling MDPV. (Dkt. 570 at 61; dkt. 507-14). At this point Bradley had been sending shipments of MDPV to Scholz for two months. (Dkt. 570 at 63). The article noted how MDPV was designed to mimic the illegal drug ecstasy. (Dkt. 507-14). Ryba forwarded the article to Scholz because she was worried that he would get arrested too. (Dkt. 570 at 65-67). Bradley also knew that customs officers had stopped some of their packages. (Dkt. 533 at 69). Scholz and others were all using "burner" phones and treating the enterprise like an illegal drug dealing business. (Dkt. 573 at 67). When four kilograms of MDPV arrived in late 2011, the group attempted to get it to customers quickly because they believed that MDPV was or would soon become illegal. (Id.).4
Still, the flow of drugs back to the United States only increased. Bradley started investigating a different drug, a-PVP, in January of 2012. (Dkt. 508-4). This drug, again according to the Government's experts, is substantially similar to MDPV. (Dkt. 508-60 at ECF 9-27; dkt. 561 at 33). In February 2012, the co-conspirators purchased twelve kilograms of a-PVP in one order and seventeen kilograms in another. (Dkt. 508-20; dkt. 572 at 24-25, 37-38;dkt. 573 at 70-74). A fifty kilogram order came in March. (Dkt. 531 at 28; dkt. 572 at 36). And another order for twenty kilograms of a-PVP followed. (Dkt. 531 at 31; dkt. 573 at 81-83; dkt. 574 at 29-30). Ryba and Bradley exchanged emails during this time period acknowledging that the police were prosecuting individuals for distributing bath salts. Bradley and Ryba changed their shipping practices to avoid arrest. (Dkt. 507-24; dkt. 474 at 43; dkt. 572 at 9). Bradley timed shipments so that they would go through customs on the weekends, when he believed customs would be staffed leanly. (Dkt. 572 at 24-25). Bradley and Ryba continued putting the drugs inside purses and rice cookers. (Dkt. 570 at 95-103). Bradley also instructed Scholz to lie to his bank to disguise wire transfers. (Dkt. 573 at 57-58). Bradley and Scholz addressed packages to fake names and companies to protect themselves. (Dkt. 570 at 89).
Bradley and Ryba returned to the United States in June 2012. (Dkt. 570 at 114; dkt. 572 at 27). But selling a-PVP had become too lucrative to stop altogether, and so Scholz and two other co-conspirators met with Bradley in June and July of 2012 to plan a trip to China. (Dkt. 572 at 45; dkt. 574 at 38-39). Scholz and Schroeder later visited Bradley's apartment where they gave him $30,000 in cash. (Dkt. 532 at 17-21; dkt. 574 at 40). Bradley instructed Ryba to get updated pricing on the drugs. (Dkt. 572 at 45; dkt. 574 at 50-51, 88). Scholz traveled to China in July 2012. (Dkt. 570 at 115; dkt. 574 at 45). During this time period, Bradley and Ryba were worried that Scholz would get caught by the DEA. (Dkt. 474 at 48-49). They circulated articles where individuals were being arrested for trafficking bath salts. (Dkt. 507-27; dkt. 570 at 119-121). They became aware of DEA raids on smoke shops in June 2012. (Dkt. 574 at 34-35).
But business was booming through the first half of 2012. One of the salesmen, Brian Lister, was selling hundreds of packets a week during April, May, and June of 2012. (Dkt. 533 at 45). In June 2012, some of the Modern Day Prophet co-conspirators reorganized under thename "Platinum Prophet" and moved to Atlanta. (Id. at 55-60; dkt. 474 at 49). One customer in Atlanta made three purchases for a combined $150,000. (Dkt. 533 at 55). Another, Chris Kaestner in Harrisonburg was buying a-PVP in bulk throughout this period. (Dkt. 573 at 61-64). One substantial client was Queen City Smokes and Novelties in Charlotte. This smoke shop was owned by Nayna Taylor. (Dkt. 533 at 44-53). Brian Lister, the salesman, talked to her on the phone between fifteen and twenty times. (Id. at 72). Between one and two thousand of the packets of Crystal Bubbly Hookah Cleaner went to her store. (Id. at 46-48). One order in May 2012 was for 100 packets of a-PVP. (Dkt. 508-44 at 2; dkt. 574 at 25-26). She had another order in June 2012 and traveled to Atlanta three or four times to purchase...
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