Feds bust online trading scheme


May 24, 2000 Washington, D.C. -- When a team of federal agents stormed
the suburban Virginia home of Miguel and Abi Guzman early one Monday
morning, the neighbors suspected the worst. Recently arrived from Miami,
the couple was seldom seen outside of the house and appeared to keep
irregular hours. But in a matter of days, it would be their neighbors on
the Internet who would rally to the Guzmans' defense.

According to the U.S. Treasury Department, which led the raid, the
Guzmans benefited from a vast online network of business contacts and
conducted millions of dollars in transactions without paying taxes or
adhering to U.S. trade laws. Sources close to the investigation put the
total number of persons involved in the "electronic black market" scheme
in the thousands, with participants in all 50 U.S. states.

"These two individuals have defrauded the American people," declared J.
Lee Thomas, director of Treasury's Financial Crimes Enforcement Network
(FinCEN), "and they have broken the trust that is so essential to our
national economy." FinCEN's agents, ordinarily assigned to
money-laundering operations, began tracking the Guzmans' operations in
the fall of 1997, on a tip from the Internal Revenue Service. The IRS
began investigating the Guzmans in 1995 for alleged tax evasion in a
complex online bartering scheme. Because no actual money was involved
and the shadowy transactions were so complex, the IRS eventually handed
the case to FinCEN.

Denied bail at their May 10 arraignment in District Court in Washington,
D.C., the Guzmans are awaiting trial for what could be the first major
setback to the unruly, frontier culture of commerce on the Internet.
Through their lawyers, the Guzmans contend that they are, in fact, the
nation's first "political prisoners" in a growing federal war against
the Internet community. Their hope is to convince both the general
public and their captors that they are guilty only of trading gifts with
their "online neighbors."

"The Guzmans are upstanding citizens who are being punished for building
friendships over the Internet," argued Naomi Bustamante, the attorney
representing Abi Guzman. "If the Guzmans are not free to exchange gifts
with their online friends, we are living in a Nazi nightmare."

But what the Guzmans call "gifts," the government calls unreported
financial transactions. At the heart of the contentious and far-reaching
dispute is a software system developed by Miguel Guzman that enables
people to swap goods and services over the Internet. Guzman, who
formerly worked as a system administrator for the University of Miami,
first developed his program to simplify the process of scheduling the
hundreds of classes taught on campus each semester. It was in 1995 that
the clever programmer "ported" his analysis and scheduling tool to the
Web.

Dubbed CuppaSugar, Guzman's program allows for dozens of parties to
participate in serial trades in which goods may change hands several
times before any given transaction is completed. For example if a man in
Long Beach wants 10 packages of buffalo jerky sold only in South Dakota,
he can place his request through CuppaSugar and will eventually receive
the jerky along with a request for another good or service of equal
value, such as picking up a video rental and delivering it to someone in
his town. By 1999, CuppaSugar was arranging over 50 such transactions
per minute, with "gifts" exchanged ranging from new cars and dentistry
to homemade cookies and dry cleaning. Participants who failed to
reciprocate properly were blocked from using the system.

While CuppaSugar's countless users laud the service as utopian, federal
authorities consider it no different from the illegal economies operated
by organized crime syndicates. "If enough people were drawn into the
Guzmans' network, public schools and federal highways would disappear,"
warned Donald Hanover, the federal prosecutor handling the case against
the Guzmans, "because there simply wouldn't be any tax money to fund
them." He further insinuated that this economy of IOUs is rife with the
possibility of extortion and is operated outside of the protection of
police.

Internet industry analysts, however, are queasy about the government
crackdown on Internet trade and consider the CuppaSugar network, like
Napster, to be a prototype for the global, Internet-based economic
structures of the future. "Just because 'money' isn't involved doesn't
mean it can't be monetized in some other way," explains Lorne Weller, a
partner with Internet Capital Group. "Nothing can stop the Internet from
replacing society, and if that includes the economy, then so be it."


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