Butler Snow’s Jonathan T. Skrmetti was recently mentioned in the Memphis Daily News article Are shippers like FedEx responsible for knowing delivery contents?:
Legal and business experts say the case could be a major test for how much responsibility shipping companies like FedEx, which handles about 10 million packages a day, shoulder for the contents of the packages they deliver, one that could have a profound impact on the relationship between government, companies and the customers they serve.
“Overall, it looks like it’s going to be a difficult case and it could set a precedent that significantly alters the relationship between business, government and customers,” said Jonathan Skrmetti, a former federal prosecutor who specializes in white collar crime and internal corporate investigations at Butler, Snow, O’Mara, Stevens & Cannada PLLC. “It used to be criminal charges were reserved for activity everybody agrees were criminal, but as criminal law overlaps with regulatory law things people never thought were a crime before can have pretty harsh criminal consequences.”
The charges against FedEx involve deliveries of medications from pharmacies that required their customers only to fill out an online form, without any need for a doctor’s examination or prescription.
Prosecutors allege FedEx knew that the drugs and their proceeds were illegal but created systems to allow the trade to continue anyway.
According to the indictment, FedEx knowingly shipped drugs for two illegal Internet pharmacies, the Rx Network operated by the Chhabra-Smoley Organization and Superior Drugs. In 2003, the DEA shut down RxNetwork and arrested Vincent Chhabra on charges of violating the Controlled Substances Act.