|
 The case against Arthur Rathburn is part of a growing national
investigation by federal authorities into the largely unregulated
market for body parts in the United States. Federal agents found a
grisly scene when they raided Rathburn’s warehouse in 2013,
including remains frozen together flesh on flesh.
Current U.S. laws only regulate body parts intended for transplant,
such as hearts and livers. The buying and selling of body parts for
research and education -- Rathburn’s line of business -- is legal
under U.S. law. He was charged with defrauding clients by selling
them body parts infected with HIV and hepatitis without their
knowledge.
Rathburn’s ex-wife and business partner, Elizabeth, testified that
they bought body parts from companies that encourage people to
donate their bodies to science. In an effort to boost profits, she
testified, the Rathburns sometimes bought infected bodies and parts,
which are sold at discount because few medical entities want them
for training or education.
Elizabeth Rathburn pleaded guilty to fraud, and she cooperated with
the prosecution. During testimony before the federal jury in Detroit
this month, she said that she expects her sentence will be between
four and 10 months.
Arthur Rathburn, who did not testify at trial, faces a maximum of 20
years in prison, although the U.S. sentencing guidelines the judge
must consider generally call for a shorter term. Both are expected
to be sentenced in the spring.
Rathburn was convicted on seven counts of fraud and acquitted of two
counts of fraud. His lawyers had contended that the case focused on
contract disputes with his customers over the quality of his
products and ought to be brought in civil court, not criminal court.
"There are no industry regulations regarding the business Arthur
Rathburn was engaged in," his defense lawyers argued in a court
filing. "Industry standards and what constitutes a 'clean'
environment are subjective matters, not a matter for criminal
prosecution."
[to top of second column] |
Reuters reported last month that authorities found four fetuses,
each in its second trimester, during the warehouse raid. It is
illegal to sell fetuses. Rathburn was not charged with doing so, and
it’s unclear how the fetuses were acquired. Officials and defense
lawyers have declined to comment on the matter. The discovery of the
fetuses, however, may be raised during the sentencing phase.
The government’s failure to stop Rathburn sooner, despite a decade
of warning signs, was one in a series of stories Reuters published
last year about the industry.
https://www.reuters.com
/investigates/section/usa-bodies/
As part of the series, a reporter purchased two human heads and a
spine from a broker in Tennessee, deals made with just a few emails
at a cost of $900, plus shipping.
The series also profiled two Phoenix brokers -- one who earned at
least $12 million from the sale or use of donated body parts and one
who pleaded guilty to defrauding customers. The latter, Steve Gore,
cooperated with the government and testified against Rathburn in the
Detroit trial. He told the jury that he “made mistakes” while
operating a business that harvested 5,000 bodies in a decade, but
said that he had no state or federal regulations to guide him.
A Reuters story in December described how Gore’s technicians
dismembered bodies with construction saws purchased from Home Depot.
Under cross-examination, Gore was asked if he used the construction
saw instead of a proper medical instrument because it was cheaper.
Yes, Gore nodded, adding, “and effective.”
(Edited by Blake Morrison.)
[© 2018 Thomson Reuters. All rights
reserved.] Copyright 2018 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed. |
