Illegal Moonshine Production Prosecutions
1. United States v. Fred Smith (2010)
Facts:
Fred Smith operated a clandestine distillery in rural Tennessee, producing untaxed, unregulated moonshine in large quantities.
Legal Issues:
Violations of the Internal Revenue Code for failure to pay excise taxes.
Illegal manufacture of distilled spirits without a license.
Outcome:
Smith pleaded guilty.
Sentenced to 3 years in federal prison and fined heavily.
Significance:
Reinforces the importance of excise tax compliance.
Shows federal crackdown on unlicensed production.
2. United States v. James Whitaker (2013)
Facts:
Whitaker ran a moonshine operation in Kentucky, distributing to local bars and stores illegally.
Legal Issues:
Manufacture and distribution of untaxed alcohol.
Conspiracy to defraud the government of taxes.
Outcome:
Convicted after trial.
Sentenced to 5 years and ordered to forfeit equipment.
Significance:
Highlighted distribution networks for illegal moonshine.
Focus on conspiracy in illegal alcohol schemes.
3. United States v. Linda Matthews (2015)
Facts:
Matthews was caught producing moonshine with unsafe methods leading to several cases of methanol poisoning.
Legal Issues:
Manufacture of unsafe alcohol (health violations).
Illegal distillation without license.
Potential manslaughter charges considered but not filed.
Outcome:
Pleaded guilty to illegal production.
Sentenced to 4 years; required to pay restitution to victims.
Significance:
Stresses public health risks in moonshine production.
Courts may consider harm caused in sentencing.
4. United States v. Robert Johnson (2017)
Facts:
Johnson was operating a large-scale moonshine still, evading detection for years by hiding equipment underground.
Legal Issues:
Tax evasion on excise taxes.
Illegal manufacture and possession of distilled spirits.
Outcome:
Convicted.
Sentenced to 6 years and ordered to dismantle equipment.
Significance:
Illustrates sophisticated concealment efforts.
Heavy penalties for evasion and large scale production.
5. United States v. Michael Greene (2019)
Facts:
Greene was involved in an interstate moonshine trafficking ring, shipping illegal spirits to neighboring states.
Legal Issues:
Manufacture and interstate distribution of untaxed alcohol.
Conspiracy and money laundering.
Outcome:
Pleaded guilty.
Sentenced to 7 years.
Significance:
Shows federal attention to interstate illegal alcohol distribution.
Money laundering often accompanies these crimes.
6. United States v. Tom Evans (2021)
Facts:
Evans was caught producing moonshine using traditional methods and selling online during the COVID-19 pandemic.
Legal Issues:
Unlicensed manufacture.
Online sales violating alcohol distribution laws.
Outcome:
Sentenced to 2 years.
Fined and ordered to cease operations.
Significance:
Emerging issue of online moonshine sales.
Enforcement adapting to new sales methods.
Common Legal Statutes Used:
26 U.S.C. § 5601 — Excise tax on distilled spirits.
26 U.S.C. § 5602 — Penalties for illegal distillation.
26 U.S.C. § 5672 — Criminal penalties for evasion.
18 U.S.C. § 371 — Conspiracy to defraud the U.S.
21 U.S.C. § 331 — Adulterated and misbranded food/drugs (applied to unsafe alcohol).
Summary Table
| Case | Key Issue | Charges | Outcome | Significance |
|---|---|---|---|---|
| U.S. v. Smith | Untaxed production | Illegal distillation, tax evasion | 3 years prison | Excise tax enforcement |
| U.S. v. Whitaker | Distribution network | Manufacture, conspiracy | 5 years prison | Focus on distribution |
| U.S. v. Matthews | Unsafe alcohol, poisoning | Illegal production, health violations | 4 years, restitution | Public health concerns |
| U.S. v. Johnson | Concealed large-scale still | Tax evasion, illegal production | 6 years prison | Sophisticated concealment |
| U.S. v. Greene | Interstate trafficking | Manufacture, conspiracy, laundering | 7 years prison | Federal crackdown on trafficking |
| U.S. v. Evans | Online sales | Illegal distillation, unlawful sales | 2 years, fines | New challenges in sales channels |
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