Larry in Limbo

Certainly, corporations have admitted worse transgressions without anyone's serving time. In July 1995, Dallas-based Halliburton pleaded guilty to charges that officials of Welex, one of its Houston divisions, violated the Libyan trade sanctions three times by exporting pulse neutron generators, radioactive tools used to measure the porosity of potential wells. Though government officials claimed that the generators could have been used to detonate nuclear weapons, no Halliburton officials were charged. Instead, the company simply agreed to plead guilty to exporting products to Libya without a license and paid a $3.8 million fine.

"Those who are the most vulnerable and the least able to defend themselves are the individuals who often seem to be the targets of government prosecution," says Androphy. "And it's really nonsensical to go after a Larry Duncan, who was such a small cog in this alleged operation. But Larry Duncan doesn't have the financial ability to buy off the prosecution."

With the help of a federally appointed public defender, Duncan is attempting to have his conviction set aside on grounds that the International Emergency Economic Powers Act is unconstitutional.

So far, Hughes has yet to rule on the matter; some observers believe the 16-month delay in sentencing indicates that the judge is carefully considering the constitutional question. But the judge has also indicated that he may lean toward the defense's argument. During a hearing in February 1996, Hughes expressed reservations about a law that allows the president, rather than Congress, to determine which countries Americans can trade with.

The judge then ordered both sides to provide him with briefs supporting their positions on the constitutionality of the International Emergency Economic Powers Act.

"We feel it gives unfettered discretion to the president to decide what is a crime and when it would be a crime," says federal public defender Thomas Berg, who represents Duncan. "That is something Congress normally does when it enacts a penal statute. We feel that this particular statute, which allows the executive branch to fill in the blanks, violates the separation of powers doctrine and is an unlawful delegation of authority by Congress."

Justice Department attorneys decline to comment on the matter, but, in documents they have submitted to the court, they point out that Congress reviews the law every two years.

If Hughes rules in Duncan's favor, the government would almost certainly appeal to the 5th Circuit. The case could eventually be heard by the Supreme Court.

Meanwhile, Duncan continues to live with legal uncertainty. From the time of his indictment until late last year, Duncan says he was unable to work in the oil business because his problems with the federal government had ruined his reputation. He spent that time living in a friend's garage apartment.

For much of his life Duncan had worked in the oil fields of South America and Mexico. After his conviction Duncan's passport was confiscated by the government, further hampering his ability to work. Last December, however, Judge Hughes ordered that Duncan's passport be returned. Since then, Duncan says he's been back in the jungles of South America, managing an oil drilling operation. (He declines to be more specific.)

Temporary freedom doesn't satisfy Duncan. Since his legal problems began, he has rarely attempted to hide his contempt for the federal government -- especially those parts connected to his case, including prosecutors, the judge deciding his fate and even the public defender appointed to represent him. In the past two and a half years, he has become a prolific letter writer, peppering his correspondence to government officials and members of the media with suggestions of what federal authorities can do to various parts of their anatomies.

In a recent letter, Duncan urged Hughes to reach a sentencing decision soon: "Enough is enough, your honor. As I used to say when I settled my disputes with my fists, 'Let's get it on.'