ACLU FILES FOR DISMISSAL

44 of 49 "Meth Merchant" defendants are South Asian.

South Asians were 95 times more likely to be charged in the federal
investigation known as "Operation Meth Merchant" than people of other
ethnic backgrounds, the American Civil Liberties Union alleged
Wednesday in a motion filed in U.S. District Court.

"Operation Meth Merchant" implicated 49 Northwest Georgia convenience
store owners and operators last year for selling ingredients they
knew or should have known would be used to make methamphetamines. Of
the 49 defendants, 44 are South Asian and 33 share the common surname Patel.

In Wednesday's motion - which asks for the dismissal of charges
against "Operation Meth Merchant" defendants Falgun Patel,
Sudhirkumar Patel and Satishkumar Patel based on racially biased
investigation practices in the case - the ACLU cited statistics
indicating that more than 19 percent of all South Asian-owned
convenience stores were indicted in the case as compared to 0.2
percent of all stores owned by whites or other ethnic groups.

Based on this statistical analysis as well as sworn statements from a
confidential government informant used in the investigation, the
motion alleges law enforcement officials "ignored numerous active
leads that they had received regarding identical sales by non-South
Asian merchants."

The officers repeatedly directed informants to make buys at South
Asian-owned establishments, according to the statements: "They only
sent me to Indian stores. ... They wanted me to say things like 'I
need it to go cook' or 'Hurry up, I've got to get home and finish a
cook,'" said the anonymous informant. "The officers told me that the
Indians' English wasn't good, and they wouldn't say a lot so it was
important for me to make these kinds of statements."

U.S. Attorney David Nahmias responded to the motion with a
reiteration of his office's intent to evaluate each case individually.

"With regard to the issue of alleged selective prosecution," he said,
"several defendants raised such a claim before the deadline passed
for filing pretrial motions. The selective prosecution motions have
all been denied by the magistrate judge in a ruling affirmed by the
District Court. We will reply to any additional motions in court."

According to court records, 23 individual defendants and 10 of their
corporations have entered into guilty pleas, while an additional
eight cases have been dismissed. The remaining cases are slated for a
May 1 trial calendar.