FEAR-List Bulletin posted by John Paff, 1/19/96

John Paff, Secretary
Forfeiture Endangers American Rights, Inc. (F.E.A.R.)
P.O. Box 5424
Somerset, NJ 08875-5424
908/873-1251 - voice

Earlier this afternoon, I reported that Sam Zhadanov had been transferred from Allenwood Federal Prison Camp in Montgomery, Pennsylvania to another federal prison in Lexington, KY. This transfer took place at 6 A.M. on Thursday, January 18, 1996, the morning when Zhadanov pledged to begin his hunger strike. Those not familiar with the Zhadanov case should read the BACKGROUND appended to this note.

RECENT EVENTS:

On January 19, 1996, at 6:45 P.M, I received word from Eli Zhadanov that his father had been transferred that afternoon from the mental ward to a hospital within the Lexington facility. Sam Zhadanov described his one night stay in the mental ward as "torture." His cell was very cold and flooded by a blinding light. During the night, he had to endure the screams and moans from other inmates.

His transfer to the hospital came after Warden Arthur Beeler was contacted by the Zhadanov's attorney, Peter Goldberger of Ardmore, PA, and by the offices of Congressmen Gerald Solomon (R-NY-22) and Jerrold Nadler (D-NY-8). In his faxed letter to Beeler dated January 19, Goldberger pointed out that prison officials had violated Bureau of Prison regulations several times in their handling of Mr. Zhadanov's transfer.

Specifically, Goldberger noted that it was incorrect to assign Zhadanov to a mental bureau since there is no evidence of Zhadanov being mentally ill. Additionally, Goldberger cited 28 CFR Section 549.63(b), which calls for an inmate on hunger strike to be placed in a "medically appropriate locked room for close observation." Goldberger charged that the mental ward's "isolation cell, with a bright observation light on him at all times, does not seem to meet that description at all."

Goldberger also charged that prison officials violated 28 CFR 549.65 by planning to initiate force feeding of Zhadanov after three days of refusing meals, without making any finding of medical necessity. Finally, Goldberger complained that prison officials clearly violated 28 CFR 529.64(b) by refusing Zhadanov's repeated requests for drinking water for nearly 18 hours on Thursday.

On a bright note, since being admitted to the hospital, Sam Zhadanov has finally received an offer to have his infected dental implants looked at by an oral surgeon. Mr. Zhadanov has been suffering with this condition for several months, but Allenwood officials would not or could not effectively deal with it.

Readers should write a letter of thanks to Congressmen Solomon and Nadler for interceding in Zhadanov's case. According to Eli Zhadanov, the purpose of the transfer was to torture his father and break his will, and that such would have succeeded without Solomon's and Nadler's help. It is important to send a copy of these letters to your own congressional representative asking for
an investigation into the Zhadanov matter. If you wish to fax a copy of your letter, or a note of encouragement, to Eli and Anna Zhadanov, their fax number is 908/862-8191.

The congressional addresses are:

Hon. Jerrold L. Nadler                              Hon. Gerald B. H. Solomon
109 Cannon House Office Bldg                 2206 Rayburn House Office Bldg
Washington, DC 20515                             Washington, DC 20515-3222
202/225-5635 - voice                                 202/225-5614 - voice
202/225-6923- fax                                     202/225-6234 - fax
Amy Green, Admin. Asst.                         Geoffrey Gleason, Admin. Asst.

Warden Beeler may be contacted at

FMC Lexington
3301 Leestown Road
Lexington, KY 40511
FAX - 606/253-8822
Phone - 606-255-6812

Sam Zhadanov, Reg No. 42489-053, may be contacted at the same address.

BACKGROUND:

Sam Zhadanov, a 70 year old Russian engineer, was sentenced to five years in federal prison and suffered a forfeiture of his plastics molding factory, after pleading guilty to conspiracy to distribute cocaine. He was never alleged to have actually dealt in cocaine. Zhadanov's crime was manufacturing plastic vials for a customer. Zhadanov thought that the vials were intended for
perfume samples. When he learned that such vials are sometimes used for drugs, he ceased production and asked his attorney, Martin Spritzer of Edison, NJ, whether he could be held liable for a possible illegal end use of a legal product. After receiving a written response from Spritzer stating that Zhadanov couldn't be held liable, Zhadanov resumed production.

Federal agents arrested Zhadanov on May 19, 1993 and charged him with conspiracy to distribute 10,000 kilograms of crack and various money laundering counts. He pleaded guilty in December 1993 with the understanding that the government would keep his assets but that he would not receive jail time. His attorney, Peter Ginsberg, of Gold & Wachtel (New York) advised Zhadanov that pleading guilty was the best way to avoid a long jail sentence, and to keep his wife from facing criminal charges.

Interestingly, the account from which Zhadanov was paying Ginsberg was frozen by the court on March 23, 1994, based on the government's claim that it was proceeds from vial sales. Ginsberg made a deal with the prosecutors, allowing for the government to forfeit one half of the amount in Zhadanov's account, allowing Ginsberg to be paid out of the other half. Thus, Ginsberg depended on the prosecutor's discretion for his income while he was still representing Zhadanov.

Zhadanov was placed in Allenwood Federal Prison Camp on January 15, 1995.

The above was condensed from an article that appeared in _Reason Magazine_, May 1995. (Jacob Sullum, "A Vial Crime.")

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