Christopher J. Benbow was snared in a 2004 sting by the Drug Enforcement Administration in which authorities said he tried to arrange a deal for 1,000 kilograms of cocaine. Court documents say his purpose was to raise more than $200 million in cash for the black-market purchase of 9 kilograms of strontium 90.
An 11th U.S. Circuit Court of Appeals panel agreed Monday with Benbow's contention that the federal jury in Tampa, Fla., that convicted him in October 2006 should have been told the cocaine was to be distributed outside the United States.
But the three-judge panel also noted that there is a good chance Benbow might be convicted again because of evidence that he "was part of a conspiracy to buy cocaine in the United States and to have it transported outside this country."
According to court documents:Benbow, in his mid-60s, was living in Estonia in the fall of 2003 when he learned that Russian former KGB agents were trying to sell three containers of strontium, which could be used by terrorists to make a dirty bomb.As he tried to find a buyer and earn a commission, a friend steered him to David Siegel, who claimed to have connections to the Israeli military but actually was a DEA informant.Siegel suggested that the Russians trade the strontium for cocaine, but they would accept only cash. Benbow then found some potential buyers for the cocaine in the United Kingdom. A plan evolved to transfer the cocaine to Europe and sell it for cash that the undercover informant's group would use to buy the strontium.U.S. authorities never established whether the strontium sale would occur. Benbow and four other men were arrested in the drug conspiracy.
An 11th U.S. Circuit Court of Appeals panel agreed Monday with Benbow's contention that the federal jury in Tampa, Fla., that convicted him in October 2006 should have been told the cocaine was to be distributed outside the United States.
But the three-judge panel also noted that there is a good chance Benbow might be convicted again because of evidence that he "was part of a conspiracy to buy cocaine in the United States and to have it transported outside this country."
According to court documents:Benbow, in his mid-60s, was living in Estonia in the fall of 2003 when he learned that Russian former KGB agents were trying to sell three containers of strontium, which could be used by terrorists to make a dirty bomb.As he tried to find a buyer and earn a commission, a friend steered him to David Siegel, who claimed to have connections to the Israeli military but actually was a DEA informant.Siegel suggested that the Russians trade the strontium for cocaine, but they would accept only cash. Benbow then found some potential buyers for the cocaine in the United Kingdom. A plan evolved to transfer the cocaine to Europe and sell it for cash that the undercover informant's group would use to buy the strontium.U.S. authorities never established whether the strontium sale would occur. Benbow and four other men were arrested in the drug conspiracy.
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