{"id":2485,"date":"2020-05-04T09:51:25","date_gmt":"2020-05-03T23:51:25","guid":{"rendered":"https:\/\/www.dalgarnoinstitute.org.au\/wp_site\/sweeping-weedmaps-subpoena-underscores-us-government-s-continued-scrutiny-of-marijuana-industry\/"},"modified":"2020-05-04T09:51:25","modified_gmt":"2020-05-03T23:51:25","slug":"sweeping-weedmaps-subpoena-underscores-us-government-s-continued-scrutiny-of-marijuana-industry","status":"publish","type":"post","link":"https:\/\/www.dalgarnoinstitute.org.au\/wp_site\/sweeping-weedmaps-subpoena-underscores-us-government-s-continued-scrutiny-of-marijuana-industry\/","title":{"rendered":"Sweeping Weedmaps subpoena underscores US government\u2019s continued scrutiny of marijuana industry"},"content":{"rendered":"<p>Published&nbsp;April 27, 2020&nbsp;| By&nbsp;<a href=\"https:\/\/mjbizdaily.com\/about-us\/staff\/#editorial-staff\">John Schroyer<\/a>&nbsp;<\/p>\n<p>When the U.S. marijuana industry learned of a&nbsp;<a href=\"https:\/\/mjbizdaily.com\/feds-subpoena-records-from-california-marijuana-firm-weedmaps-and-others\/\">federal grand jury subpoena served<\/a>&nbsp;to Weedmaps owner Ghost Management Group, the news was an eye-opener for many in the business.<\/p>\n<p>The story,&nbsp;<a href=\"https:\/\/www.marketwatch.com\/story\/federal-prosecutors-investigate-california-marijuana-companies-in-wide-ranging-probe-2020-03-02\">first reported by MarketWatch<\/a>&nbsp;in early March, noted that a few high-profile cannabis companies also were identified in the Weedmaps subpoena.<\/p>\n<p>But the original report about the subpoena didn\u2019t disclose the identities of several other high-profile legal California companies named in the document, such as Connected Cannabis, Puffy Delivery and Urbn Leaf.&nbsp;<em>Marijuana Business Daily<\/em>&nbsp;obtained a&nbsp;<a href=\"https:\/\/mjbizdaily.com\/wp-content\/uploads\/2020\/04\/US-Attorney-letter-to-Ghost-Management.pdf\">copy of the subpoena<\/a>.<\/p>\n<p>The subpoena\u2019s wide-ranging demand for information serves as a reminder that the U.S. Department of Justice will not allow the industry to operate unpoliced \u2013 even after years of largely unfettered growth at a time when MJ remains illegal at the federal level.<\/p>\n<p>The industry will want to watch this case carefully because, like the&nbsp;<a href=\"https:\/\/mjbizdaily.com\/owners-of-colorado-marijuana-retailer-sweet-leaf-sentenced-to-prison-in-landmark-case\/\">forced closure of Sweet Leaf<\/a>&nbsp;by Denver officials in 2018, the Weedmaps development might prove to be a milestone, whatever the outcome.<\/p>\n<p>In all, nearly 100 cannabis businesses and individuals are identified in the Weedmaps subpoena, including company employees, officers, various investors and others in the industry.<\/p>\n<p>\u201cThe bottom line is the feds are showing they\u2019re not done investigating cannabis, not done prosecuting cannabis,\u201d California attorney Matt Kumin said after reading the subpoena.<\/p>\n<p>Among the revelations: The investigation is partially focused on Weedmaps\u2019 relationships with both licensed and apparently illicit California cannabis companies.<\/p>\n<p>Weedmaps, headquartered in Irvine, California, is a popular website among consumers looking to find marijuana retailers across the globe. It also facilitates cannabis deliveries.<\/p>\n<p>The company came&nbsp;<a href=\"https:\/\/mjbizdaily.com\/california-orders-weedmaps-stop-advertising-unlicensed-marijuana-businesses\/\">under fire<\/a>&nbsp;from California officials in early 2018&nbsp;for advertising illegal marijuana retailers, a practice Weedmaps&nbsp;<a href=\"https:\/\/mjbizdaily.com\/weedmaps-drops-thousands-of-unlicensed-ads-but-some-illegal-shops-remain\/\">changed as of January<\/a>.<\/p>\n<p>Asked for comment on the subpoena, a company spokesperson wrote in an email to&nbsp;<em>MJBizDaily<\/em>&nbsp;that, \u201cfrom time to time, Weedmaps receives requests for information from government agencies. We cooperate with these requests as we do with all lawful inquiries.\u201d<\/p>\n<p><strong>What\u2019s going on?<\/strong><\/p>\n<p>The only consensus among four different industry attorneys who viewed the subpoena is that it\u2019s so broad that it\u2019s impossible to tell what investigators are after.<\/p>\n<p>\u201cThis could be a million things,\u201d California cannabis attorney Jessica McElfresh said.<\/p>\n<p><strong>&nbsp;<\/strong>\u201cJust because you get a subpoena, it doesn\u2019t mean you\u2019re the target of the investigation. It\u2019s impossible to know if those targets are within Weedmaps or if they are the other entities.\u201d<\/p>\n<p>The subpoena was sent to&nbsp;Ghost Management Group last September, and the company was given five weeks to turn over documents dating to Weedmaps\u2019 founding in 2008.<\/p>\n<p>The subpoena requests a wide range of company documents, including:<\/p>\n<ul>\n<li>Annual financial statements, tax returns and bank account information.<\/li>\n<li>All communications with \u201cany person engaged in commercial cannabis activity.\u201d<\/li>\n<li>Details on how Weedmaps facilitates marijuana deliveries.<\/li>\n<li>Weedmaps\u2019 claim that it would&nbsp;<a href=\"https:\/\/mjbizdaily.com\/weedmaps-drops-thousands-of-unlicensed-ads-but-some-illegal-shops-remain\/\">cease carrying advertising<\/a>&nbsp;for illegal cannabis retailers.<\/li>\n<li>Any \u201ctransfer of anything of value\u201d between Weedmaps and government officials or candidates for public office, as well as all communications between Weedmaps and government officials.<\/li>\n<li>\u201cAny and all documents\u201d related to 40 marijuana companies identified in the subpoena.<\/li>\n<li>All communications and agreements with nine specific investment firms as well as prospective investors.<\/li>\n<\/ul>\n<p>That\u2019s a small sample of the information the U.S. attorney requested.<\/p>\n<p>But it\u2019s an indicator that any company or individual that\u2019s done business with Weedmaps could be under the microscope of federal prosecutors.<\/p>\n<p>For those California marijuana executives who remember the&nbsp;marijuana-related legal actions brought&nbsp;by&nbsp;<a href=\"https:\/\/mjbizdaily.com\/haags-departure-doesnt-signal-end-war-california-cannabis-dispensaries\/\">former California U.S. Attorney Melinda Haag<\/a>, the notion of being targeted by federal prosecutors could be frightening.<\/p>\n<p>\u201cHaven\u2019t you ever heard the joke that prosecutors tell? \u2018I can get a grand jury to indict a ham sandwich if I wanted to?\u2019 It\u2019s stacked against the individual,\u201d Wykowski said.<\/p>\n<p>Of the four U.S. attorneys offices in California, the conservative-leaning Eastern District is the one Wykowski would most expect to mount a serious attack on the cannabis industry or on a company such as Weedmaps.<strong>&nbsp;<\/strong><\/p>\n<p>But Scott, the U.S. attorney whose office issued the subpoena, has indicated that his priorities involving the cannabis sector are&nbsp;<a href=\"https:\/\/mjbizdaily.com\/ca-crackdown-nine-of-10-illegal-marijuana-grow-sites-have-potentially-lethal-pesticides-traces\/\">not state-licensed businesses<\/a>&nbsp;that are following the law but, rather,&nbsp;<a href=\"https:\/\/mjbizdaily.com\/feds-team-with-california-officials-to-combat-illegal-marijuana-grows\/\">illicit actors engaging in<\/a>&nbsp;\u201cinterstate trafficking, organized crime and (<a href=\"https:\/\/www.justice.gov\/usao-edca\/pr\/us-attorney-joins-forces-federal-state-and-local-leaders-and-experts-combat-devastating\">marijuana cultivation<\/a>&nbsp;on) federal public lands.\u201d<\/p>\n<p><strong>Fishing expedition or white-collar crime?&nbsp;<\/strong><\/p>\n<p>Wykowski called the subpoena a \u201cfishing expedition\u201d and said if he were representing Weedmaps he would have pushed back to at least narrow the subpoena\u2019s demands.<\/p>\n<p>\u201cThey\u2019re casting a very wide net here, and we\u2019ll just have to see how it plays out,\u201d Wykowski said.&nbsp;\u201c(The subpoena) seems to be focused on recordkeeping and financial affairs, so that would gravitate toward some type of tax or financial misreporting type of offense.<\/p>\n<p>\u201cBut at this stage of the game, that\u2019s really just speculation,\u201d he emphasized.<\/p>\n<p>Kumin and other attorneys don\u2019t see the subpoena pointing to an over-arching, industrywide attack by the federal government, given that the Justice Department has taken a hands-off approach to state-legal companies in recent years.<\/p>\n<p>But, Kumin said, it\u2019s possible the DOJ might want to make an example of some person or company.<\/p>\n<p>All attorneys consulted for this story agreed that any attempt to guess at what might be coming from the DOJ would be just that \u2013 guesswork.<\/p>\n<p><strong>Following the money<\/strong><\/p>\n<p>There are signs from the subpoena that the investigation is possibly focused on white-collar crime:<\/p>\n<ul>\n<li>The prosecutor who signed the subpoena, Matthew Segal, is the chief of the&nbsp;<a href=\"https:\/\/www.justice.gov\/usao-edca\/divisions\/criminal-division\">Special Prosecutions Unit<\/a>, which targets \u2013 among other crimes \u2013 money laundering, public corruption, tax evasion and federal computer crimes.<\/li>\n<li>The subpoena identifies several individuals who routinely dropped off monthly cash payments to Weedmaps in exchange for advertising services, according to at least four of the companies identified in the document. Those individuals also filled out invoicing paperwork and signed their names, several companies said.<\/li>\n<\/ul>\n<p>That suggests the U.S. attorney\u2019s office is scrutinizing Weedmaps\u2019 financial paper trail beyond what\u2019s requested in the subpoena.<\/p>\n<p>For example, Joshua Plummer \u2013 who is identified next to Flav in the subpoena \u2013 was a \u201cdelivery driver that would bring the monthly invoice payments to Weedmaps,\u201d according to the company\u2019s attorney.<\/p>\n<p>And Golden State Greens\u2019 Knopf said two names listed next to his company in the subpoena \u2013 Alex Leon and Heidi Rising \u2013 were midlevel workers who occasionally dropped off monthly payments at Weedmaps headquarters.<\/p>\n<p>After Leon and Rising delivered the payments, Knopf said, Weedmaps asked them to fill out paperwork that sounds similar to forms required by banks&nbsp;when a cash deposit of more than $10,000 is made.<\/p>\n<p>Knopf said Golden State Greens\u2019 current monthly payment to Weedmaps is $12,000, and that invoicing paperwork is the only reason he can think of for Leon and Rising being identified in the subpoena.<\/p>\n<p><strong>Uncertain times<\/strong><\/p>\n<p>Though murkiness surrounds the Weedmaps subpoena, Denver-based attorney Sean McAllister believes one thing is clear: Weedmaps put a target on its back for its&nbsp;<a href=\"https:\/\/mjbizdaily.com\/weedmaps-counters-californias-order-quit-assisting-unlicensed-cannabis-companies\/\">past refusal<\/a>&nbsp;to remove unlicensed marijuana retailers from its site.<\/p>\n<p>The company changed its policy in January and now&nbsp;<a href=\"https:\/\/mjbizdaily.com\/weedmaps-drops-thousands-of-unlicensed-ads-but-some-illegal-shops-remain\/\">requires all retailers<\/a>&nbsp;that advertise on the site to submit a state license number.<\/p>\n<p>But will that prove to be too little, too late?<\/p>\n<p>McAllister, who said he represents two investors identified in the subpoena, pointed out \u201cthere are a lot of potential (criminal) charges\u201d that could stem from a subpoena like the one Weedmaps received.<\/p>\n<p>\u201cThis could just be the tip of the iceberg,\u201d he said.<\/p>\n<p><em>John Schroyer can be reached at&nbsp;<\/em><a href=\"mailto:johns@mjbizdaily.com\"><em>johns@mjbizdaily.com<\/em><\/a><\/p>\n<p>For complete story go to <a href=\"https:\/\/mjbizdaily.com\/weedmaps-subpoena-underscores-us-government-scrutiny-of-marijuana-industry\/\">https:\/\/mjbizdaily.com\/weedmaps-subpoena-underscores-us-government-scrutiny-of-marijuana-industry\/<\/a><\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Published&nbsp;April 27, 2020&nbsp;| By&nbsp;John Schroyer&nbsp; When the U.S. marijuana industry learned of a&nbsp;federal grand jury subpoena served&nbsp;to Weedmaps owner Ghost Management Group, the news was an eye-opener for many in the business. The story,&nbsp;first reported by MarketWatch&nbsp;in early March, noted that a few high-profile cannabis companies also were identified in the Weedmaps subpoena. But the [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":"","_wp_rev_ctl_limit":""},"categories":[46],"tags":[],"class_list":["post-2485","post","type-post","status-publish","format-standard","hentry","category-next-phase-platform"],"_links":{"self":[{"href":"https:\/\/www.dalgarnoinstitute.org.au\/wp_site\/wp-json\/wp\/v2\/posts\/2485","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.dalgarnoinstitute.org.au\/wp_site\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.dalgarnoinstitute.org.au\/wp_site\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.dalgarnoinstitute.org.au\/wp_site\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.dalgarnoinstitute.org.au\/wp_site\/wp-json\/wp\/v2\/comments?post=2485"}],"version-history":[{"count":0,"href":"https:\/\/www.dalgarnoinstitute.org.au\/wp_site\/wp-json\/wp\/v2\/posts\/2485\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.dalgarnoinstitute.org.au\/wp_site\/wp-json\/wp\/v2\/media?parent=2485"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.dalgarnoinstitute.org.au\/wp_site\/wp-json\/wp\/v2\/categories?post=2485"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.dalgarnoinstitute.org.au\/wp_site\/wp-json\/wp\/v2\/tags?post=2485"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}