Pirates of the Caribbean
The Nation {online}
July 14, 2003
Seven years ago, a Michigan couple, Kip and Patrick Taylor, sailed to Cuba. They knew that spending dollars there -- unlike, say, in Stalinist North Korea -- is forbidden by a tired, politics-driven US embargo. The law is the law, so like dutiful Americans they stocked up on provisions and spent no money. As they sailed home, however, lightning struck their boat and destroyed the mast. The Cuban Coast Guard rescued them.
Enter, again, the US government: It forbade them to repair the boat -- can't spend any money in Cuba! -- and told them to abandon it, and their two dogs, and go home by plane. After weeks of negotiations, the Taylors nevertheless fixed their boat and sailed home. Questioned upon arrival, they admitted freely to what they'd done. According to their lawyers -- the New York-based Center for Constitutional Rights -- after they had disclosed they'd given a band-aid to a local cook who had burned his finger, the Taylors were charged with providing "nursing services to a Cuban national". For their many crimes, they were fined $2,000 each by an obscure government agency, the Treasury Department's Office of Foreign Assets Control (OFAC).
You may remember OFAC from reports in April of its laughably tiny fines against US corporations found guilty of trading with the enemy. But while big business gets the kinder-gentler treatment for its sins, private citizens aren't so lucky, and the Bush Administration is ramping up enforcement of the ridiculous Cuban travel ban.
(snip/...)
http://www.ciponline.org/cubaforum/press.htm~~~~~~~~~~~~~~~~~~~~~April 22, 2003: Today, the Center for Constitutional Rights (CCR) will file suit in the United States District Court in Washington on behalf of an elderly couple from Michigan who lawyers say were unfairly penalized under Cuba embargo regulations. Lawyers also say the two were not informed of their Fifth Amendment rights, protecting them from self incrimination.
Under the existing economic embargo against Cuba, Americans are allowed to travel to Cuba but are prohibited from spending any money. Travelers are presumed to have spent money in Cuba unless they can prove otherwise and can face large monetary travel fines.
The couple, Kip, 73 and Patrick, 58 Taylor of Traverse City, MI, sailed to Cuba on a boating trip in April 1996. Knowing that U.S. law prohibited spending money in Cuba, they stocked their sailboat with enough provisions to last for the duration of their three-month trip. While sailing back to Florida from Cuba, their boat was caught in a storm and struck by lightning that destroyed the mast.
The Cuban Coast Guard rescued them in international waters, and the boat was towed back to port. However, when they applied to the Treasury Department for permission to repair it, they were told to abandon the boat-and their two dogs-in Cuba and fly back to the U.S. After weeks of attempting to negotiate, unwilling to leave their dogs and dismayed by a decision that would leave in Cuba assets worth more than the costs of repairs, the Taylors had the boat fixed. Many of the repairs were done by the Taylors themselves with the help of visiting sailors who donated parts.
After their return, the Taylors responded openly to every question asked by government officers about their trip. The Taylors were never told about their Fifth Amendment privilege to stay silent, their right to counsel or that any statements or evidence produced by them could be used against them in court.
Remarkably, after disclosing that they gave band-aid to a local cook who had burned his finger in an accident, The Taylors were charged with provision of “nursing services to a Cuban national”-a transaction forbidden by the embargo. For the next four and a half years, the Taylors-who are on a fixed income-requested a reconsideration of the penalty or a hearing, without success.
In April, 2001, Patrick Taylors’ tax refund, needed to pay for urgent medical expenses, was frozen and applied to the Taylors’ debt.(snip/...)
http://www.ccr-ny.org/v2/reports/report.asp?ObjID=QvT9Qjndib&Content=233