Sabzali Case Ends With a Fine

The prosecution of James Sabzali, a Canadian citizen charged with violating U.S. laws in relation to trading with Cuba, came to an end on Friday, February 27 with Mr. Sabzali pleading guilty to a single count of "smuggling". Mr. Sabzali received a $10,000 fine and a year's probation in return for his guilty plea.

Sabzali was charged with conspiracy and 75 counts of violating the U.S. Trading With the Enemy Act for selling water-purification supplies to a Cuban hospital. He faced a possible life sentence and a fine of over $19 million. In April 2002 Sabzali was convicted of 21 of the charges, but the conviction was overturned by the presiding judge because of "improper and inflammatory arguments made by prosecutors to the jury during closing arguments."

The sole charge to which Mr. Sabzali pleaded guilty related to the resale of goods originating in the United States, but which were physically in Canada in the possession of the Canadian subsidiary of an American company. Under Canadian law, not only were Mr. Sabzali's actions legal, but he faced prosecution in Canada if he obeyed U.S. laws prohibiting trading with Cuba.

In an interview following the guilty plea, Joseph Poluka, one of the American prosecuting attorneys, stated: "You're not allowed to violate the laws of this country [the U.S.] just because you live outside it." He further lectured the Canadian Press correspondent: "You need to educate your Canadian audience."

No country in the world recognizes the extra-territoriality of American law, despite the repeated claims by the U.S. government and its agents such as Poluka, that its laws in regard to the embargo against Cuba apply to everyone, everywhere without exception.