It is considered to be a simple but effective drug moving operation that worked out in the open for several years. You would purchase the drug online and it would be distributed. An anonymous tip in 2018 led Police to 28 year old Nikhil Bhargava and 60 year old former police officer Kenneth Foster who was allegedly caught in the act. NSW police have charged with running a sophisticated online drugstore selling banned and prescribed steroids, Xanax and estrogen inhibitors.
THE STORY
It was reported by the Australian today that a former police officer Kenneth Foster who made a “full admission” to the alleged supply of banned steroids. He was at a post box and about to place a number of satchels says Detective Matt Craft from Cybercrime Squad Commander. Police say that Bhargava hosted a website from North West Sydney, taking orders for different types of steroids. These illegal pills were pressed in an unsanitary environment.
Kenneth Foster is one of two men who NSW police have charged with running a sophisticated online drugstore selling banned and prescribed steroids, Xanax and estrogen inhibitors.
The 60-year-old, and co-accused 28-year-old Nikhil Bhargava, allegedly took payments in a range of cryptocurrencies while running a legal-looking website, registered to an Icelandic domain.
He was arrested on Friday, along with Bhargava, after detectives raided two homes and intercepted 22 parcels allegedly containing prohibited drugs.
Police allege they found more than 2,500 vials of steroids, a tablet press fun, phones, sim cards and other items from two homes in Bella Vista and North Rocks.
The Court heard Foster had made “full admission” to alleged supply and identity information charges yet he applied for bail because he hoped to be granted an Intensive Corrections Order instead of a custodial sentence.
“His alleged role is limited to that of the packager and delivery man,” his legal aid defence lawyer said, adding it was the 60-year-old’s first time in custody.
Foster has been dealing with PTSD for about 10 years and has been receiving weekly treatment for a bad back, the lawyer said.
But police prosecutor Sergeant Darcy said Foster was a flight risk, particularly because it was difficult to control his cryptocurrency finances.
The organised nature of the crime, which carries a maximum 20-year sentence, and the accused’s “full admission to the offences” meant no bail conditions would be acceptable, he told the Court. Magistrate Robert Rabbidge agreed.
Co-accused Bhargava, an Indian national, did not apply for bail and his matter was adjourned to Parramatta Local Court on Monday.
He faced four charges of drug supply, one charge of drug supply on an ongoing basis and two charges related to dealing with identity information to commit a serious offence.
Both men have been refused Bail.
WHAT IS DRUG SUPPLY ?
You could be charged with supplying a drug of dependence if you are caught:
- With a certain quantity of the prohibited drug;
- With preparing (such as dividing the drugs into smaller packages) or manufacturing a drug;
- Selling the drug; and/or
- Buying drugs for a friend.
THE LAW
The offence of Supply Prohibited Drug is set out in section 25 of the Drug Misuse and Trafficking Act which states:
A person who supplies, or who knowingly takes part in the supply of a prohibited drug is guilty of an offence.
To read more about the offence, click on the link.
To view our previous blog on this topic, click on this link.
WHAT IS DRUG SUPPLY ON AN ONGOING BASIS
In NSW a person can be charged with the offence if they supply any amount of drugs on three separate occasions within any 30-day period in exchange for money or some other compensation. The offence applies to all prohibited drugs except cannabis.
THE LAW
The offence of Supply Prohibited Drug on ongoing basis is set out in section 25(A) of the Drug Misuse and Trafficking Act 1988 (NSW) which states:
A person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug (other than cannabis) for financial or material reward is guilty of an offence.
WHAT MUST THE PROSECUTION PROVE?
Since Supply a prohibited drug on an ongoing basis is a criminal offence, the burden of proof lies on the Prosecution.
The prosecution must prove the Accused’s guilt beyond reasonable doubt.
That is a high standard of proof that the prosecution must achieve before someone can be convicted of Supply a prohibited drug on ongoing basis.
To establish Supply, the prosecution must prove each of the following matters beyond reasonable doubt;
- You supplied a substance that is a prohibited drug on three or more occasions;
- Those occasions were within 30 consecutive days; and
You obtained money or another form of compensation.
To read more about this offence, click on this link.
DEALING WITH IDENTITY INFORMATION
This offence is committed where a person deals in identification information with intent to commit an indictable offence. An indictable offence is a serious offence which is capable of being dealt with in the District or Supreme Courts.
THE LAW
The offence of Dealing with Identity Information is set out in section 192J of the Crimes Act 1900 which states:
A person who deals in identification information with the intention of committing, or of facilitating the commission of, an indictable offence is guilty of an offence.
MAXIMUM PENALTY
The maximum penalty for the offence is imprisonment for 10 years.
WHAT MUST THE PROSECUTION PROVE?
- That you dealt with identification information; and
- That you did so with intent to commit and indictable offence (or facilitate the commission of an indictable offence).
