Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 07-11-2019
Case Style:
United States of America v. Charles Burton Ritchie and Benjamin Galecki
Case Number: 2:15-cr-00285-APG-GWF
Judge: Andrew P. Gordon
Court: United States District Court for the District of Nevada (Clark County)
Plaintiff's Attorney: James Keller, Cole Radovich, Jason Ruiz and Brian G. Sardelli
Defendant's Attorney: John Lloyd Snook, III, Daniel J. Albregts, Richard A. Schonfeld, Daniel D. Hollingsworth for Charles Burton Ritchie
David Z. Chesnoff and Richard A. Schonfeld for Benjamin Galecki
Description:
Las Vegas, NV - Manufacturers Of "Spice" Convicted Of Operating A Continuing Criminal Enterprise, Possessing And Distributing A Controlled Substance Analogue
Two individuals were convicted of 24 counts related to the manufacture of synthetic cannabinoids (commonly referred to as “spice”) by a federal jury including operating a continuing criminal enterprise, manufacturing and possessing with the intent to distribute a controlled substance and controlled substance analogues, money laundering, mail and wire fraud, and related charges.
According to the evidence presented during the ten-day trial, the defendants, Charles Burton Ritchie, 48, of Park City, Utah, and Benjamin Galecki, 44, of Pensacola, Florida, committed these crimes in the District of Nevada, from March 21 to July 25, 2012. Specifically, the evidence showed that Ritchie and Galecki were the owners and managers of Zencense Incenseworks, a company that manufactured smokable synthethic spice and marketed their products as “potpourri,” “incense,” and “aromatherapy.”
The evidence showed that Ritchie and Galcki rented a warehouse in Las Vegas for the sole purpose of manufacturing spice products which contained the dangerous chemical XLR-11, which the jury found to be a controlled substance analogue. Ritchie and Galecki ordered XLR-11 from chemical suppliers in China and Hong Kong. At the Las Vegas warehouse, a Zencense employee mixed the XLR-11 with acetone, liquid flavoring and applied the chemical mixture to dried plant material. The warehouse employee mailed the compounded spice in draw string garbage bags to Ritchie and Galecki in Pensacola, Florida, where other workers placed the spice into small retail bags. The defendants sold their products with suggestive brand names including, “Bizarro,” “Orgazmo,” “Headhunter,” and “Defcon 5 Total Annihilation,” to smoke shops across the United States. From June 1 to July 25, 2012, Ritchie and Galecki were responsible for manufacturing and distributing approximately 4,000 pounds of spice and grossed more than $1.6 million dollars in sales.
The minimum penalty for a continuing criminal enterprise is 20 years’ imprisonment and a maximum penalty of life imprisonment. The penalties for the controlled substance analogue, wire fraud, mail fraud, and six money laundering counts each carry a maximum of 20 years’ imprisonment.
This case was investigated by the Internal Revenue Service-Criminal Investigation, the Drug Enforcement Administration, and the Las Vegas Metropolitan Police Department.
Charges:
18:1956(h) - Conspiracy to Engage in Financial Transactions to Promote Unlawful Activity
(1)
21:848 - Continuing Criminal Enterprise
(1s)
18:1956(h) - Conspiracy to Transport Funds to Promote Unlawful Activity
(2)
18:1956(h) - Conspiracy to Engage in Financial Transactions to Promote Unlawful Activity
(2s)
18:1349 - Conspiracy to Commit Mail Fraud
(3)
18:1956(h) - Conspiracy to Transport Funds to Promote Unlawful Activity
(3s)
18:1349 - Conspiracy to Commit Wire Fraud
(4)
18:1956(a)(2)(A) and 18:2 - Transporting Funds to Promote Unlawful Activity and Aiding and Abetting
(4s-7s)
21:841(a)(1), 841(b)(1)(C), and 846 - Conspiracy to Manufacture, Possess with Intent to Distribute, and Distribute a Controlled Substance Analogue to the Extent for Human Consumption
(5)
21:841 (a)(1), 841(b)(1)(C), and 846 - Conspiracy to Manufacture, Possess with Intent to Distribute a Controlled Substance Analogue to the Extent Intended for Human Consumption
(6)
21:856(a)(1) and 2- Maintaining a Drug-Involved Premises and Aiding and Abetting
(7)
18:371 - Conspiracy to Misbrand Drug
(8)
18:1956(h) - Conspiracy to Launder Money Instruments
(8s)
18:1349 - Conspiracy to Commit Mail Fraud
(9s)
18:1341 and 18:2 - Mail Fraud and Aiding and Abetting
(10s-13s)
18:1349 - Conspiracy to Commit Wire Fraud
(14s)
18:1343 and 18:2 - Wire Fraud and Aiding and Abetting
(15s-19s)
21:841(a)(1), 841(b)(1)(C), and 846 - Conspiracy to Manufacture, Possess with Intent to Distribute, and Distribute a Controlled Substance Analogue to the Extent Intended for Human Consumption
(22s)
21:841(a)(1), 841(b)(1)(C), and 18:2 - Manufacture a Controlled Substance Analogue to the Extent Intended for Human Consumption and Aiding and Abetting
(23s)
21:841(a)(1), 841(b)(1)(C), and 18:2 - Distribution of a Controlled Substance Analogue and Aiding and Abetting
(24s)
21:856(a)(1); and 18:2 - Maintaining a Drug-Involved Premises and Aiding and Abetting
(25s)
21:841(c)(1); and 18:2 - Possession of a Listed Chemical with the Intent to Manufacture a Controlled Substance Analogue Intended for Human Consumption and Aiding and Abetting
(26s)
Outcome: Guilty
Plaintiff's Experts:
Defendant's Experts:
Comments: