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Case Dismissed Because Of Too Much Evidence
A fugitive doctor charged in the nation's largest prosecution of Internet pharmacies is getting off in part because there's just too much evidence in his case: more than 400,000 documents and two terabytes of electronic data that federal authorities say is expensive to maintain.
Armando Angulo was indicted in 2007 in a multimillion dollar scheme that involved selling prescription drugs to patients who were never examined or even interviewed by a physician. A federal judge in Iowa dismissed the charge last week at the request of prosecutors, who want to throw out the many records collected over their nine-year investigation to free up more space.
The Miami doctor fled to his native Panama after coming under investigation in 2004, and Panamanian authorities say they do not extradite their own citizens. Given the unlikelihood of capturing Angulo and the inconvenience of maintaining so much evidence, prosecutors gave up the long pursuit.
"Continued storage of these materials is difficult and expensive," wrote Stephanie Rose, the U.S. attorney for northern Iowa. She called the task "an economic and practical hardship" for the Drug Enforcement Administration.
When a major drug suspect flees the country, federal authorities often leave the charges pending in case the fugitive tries to sneak back into the U.S. or a country with a friendly extradition process. But in Angulo's case, the volume of evidence posed a bigger burden.
The evidence took up 5 percent of the DEA's worldwide electronic storage. Agents had also kept several hundred boxes of paper containing 440,000 documents, plus dozens of computers, servers and other bulky items.
Two terabytes is enough to store the text of 2 million novels, or roughly 625,000 copies of "War and Peace."
Two-terabyte memory drives are widely available for $100, but the DEA's data server must be relatively small and may need replacement, a costly and risky proposition for an agency that must maintain the integrity of documents, said University of Iowa computer scientist Douglas Jones.
"A responsible organization doesn't upgrade every time new technology is available. That's all they would be doing," Jones said. "But the result is you end up in situations like this where the capacity they have is not quite up to the incredible volume of data involved."
Randy Stock, who runs the website whatsabyte.com, which explains electronic storage, said he doubted that storing the data would have been that problematic for the government.
"I'm thinking that excuse is just their easy way out," he wrote in an e-mail.
U.S. District Judge Linda Reade dismissed the case with prejudice, meaning it cannot be refiled.
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