When Justice Becomes Strategy—How Prosecutorial Overreach Dismantles Due Process and Targets Black America

By Riley Troy Graham

In 2000, I faced a five-count federal indictment that would come to symbolize a deeply troubling trend in the American criminal justice system—the manipulation of legal statutes to manufacture criminal narratives where none lawfully exist.

The indictment alleged that I was engaged in a Continuing Criminal Enterprise (CCE) under 21 U.S.C. § 848, participated in a drug conspiracy under § 846, attempted to possess drugs under § 841, attempted murder of a federal witness, and conspired to launder money under 18 U.S.C. § 1956. On the surface, these charges followed the language of federal law. But beneath that veneer lay a legal strategy rooted not in justice, but in misapplication of statutory "units of prosecution"—the fundamental building blocks that determine how crimes are charged.

Legal Shell Games and Constructed Crimes

The U.S. Congress defined each of these statutes to apply to specific, isolated acts. For example, every transaction in a money laundering scheme should be its own chargeable offense; each drug sale or conspiracy should be treated separately. But rather than charge acts individually, the government combined unrelated acts—international wire transfers, state-to-state structured deposits, and the travel of others whom I did not even know—into a single narrative, crafting what appeared to be an ongoing criminal enterprise.

This maneuver is not just legally questionable—it’s strategically deceptive. The prosecution turned financial activity involving countries like St. Lucia and transactions over $10,000 into a singular charge of international money laundering conspiracy. They then echoed the same conduct in two other charges—labeling it a drug conspiracy and a CCE—all drawn from the same pool of allegations.

Worse, not a single drug violation was in the government's possession at the time of the indictment. Yet, by merging and stretching statutory language, they gave the illusion of a sprawling enterprise.

The Consequences of “Course-of-Conduct” Prosecutions

The danger here isn't just personal—it’s systemic. This style of prosecution defies constitutional protections like double jeopardy, due process, and the presumption of innocence. It undermines Congress’s legislative authority and replaces it with unchecked prosecutorial discretion.

Historically, this strategy has disproportionately targeted Black and brown communities, especially in high-profile federal drug cases. For over 75 years, African Americans have been overrepresented in federal drug conspiracy indictments, largely due to these elastic interpretations of conspiracy and enterprise laws.

By turning acts that may not be criminal into expansive federal offenses, prosecutors gain leverage, increase sentencing exposure, and apply coercive plea tactics. It becomes less about guilt or innocence, and more about control.

Why This Matters Now

The story of my indictment is not unique—it’s part of a national pattern. We must ask: Who benefits when prosecutors can rewrite congressional intent at will? Who is harmed when charges are inflated through legal gymnastics?

The American legal system claims to value fairness, transparency, and due process. But when statutes are manipulated into overlapping charges with concentric timelines, the line between law enforcement and legal entrapment begins to blur.

Until we confront these practices—legally, politically, and publicly—true justice remains out of reach, especially for communities historically marginalized by the system.

Coming soon: A comprehensive white paper exploring unit-of-prosecution manipulation and its racial consequences in federal criminal law.