Moonshiners Get Caught on Facebook


Bladen County sheriff's deputies caught a South Carolina man and woman attempting to sell moonshine across state lines and now they are facing multiple charges.

Dillen Wright, 20, and Kaytee Nielsen, 26, were arrested following an undercover operation involving North Carolina Alcohol Enforcement Agents and agents with the South Carolina Law Enforcement Division.

Sheriff James McVicker's office had received complaints about two people selling moonshine over Facebook. The two agencies set up a meeting in Clarkton, where an undercover agent met the pair who drove up from South Carolina and delivered 8 quarts of moonshine. After the exchange, the two were arrested without incident.

Wright was charged with possession of alcohol by a 20 year old, consuming alcohol by a 20 year old, transporting non tax paid alcohol, possessing non tax paid alcohol, unauthorized possession of spirituous liquor, selling alcohol without a permit, consuming alcohol on a premise with only off premise permit, and transporting over 4 liters of spirituous liquor across state lines.

Nielsen was charged with transporting non tax paid alcohol, possession for sale of non tax paid alcohol, unauthorized possession of spirituous liquor, and transporting over 4 liters of spirituous liquor across state lines.

Wright and Nielsen posted $15,000 bond.
Comments from Allen:  The effects of the Prohibition Era remain with us today.  There are also plenty of misconceptions about what an individual may do concerning making and consuming or selling home brew.

This case demonstrates some of the pitfalls of making and selling homemade spirits (drinks with alcohol content about 20% or greater).  Each state involved has its own requirements for making and selling liquor, and that was made possible by the passage of the 21st Amendment to the U.S. Constitution.  The manufacture of booze is heavily regulated and heavily taxed.  North Carolina, Sounth Carolina and the U.S. government do not like it when you make this stuff without paying the tax.

By committing their crime on Facebook, the defendants in this case helped the authorities document the elements of their crime.  They might as well have stood outside the county sheriff's office with a megaphone and announced "WE ARE OUT HERE MAKING HOOCH.  FREE SAMPLES FOR COPS."

These folks would have been in deep trouble in any state.

In addition to the trouble these folks encountered for selling their stuff, Federal law makes it a crime to manufacture distilled spirits at all without a federal permit.  The price of the permit and the paperwork required are intentionally onerous, in order to discourage people from even making this stuff even for their own consumption.  Most people see no harm in making this stuff for private consumption (that is how I feel about it), but it is nonetheless illegal unless you have a federal permit, and there are criminal sanctions for failing to obtain a permit (See 26 U.S.C. 5601 and 5602).

Although it is conceivable the feds do not want people making hooch because it can be dangerous if you do it wrong, I suspect there is a monetary reason for this federal law.  The regulations governing people who have these permits requires them to keep careful records of everything they do, how much they make, how much is sold and for what price, etc., and the feds want to tax every bit of what is sold.


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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:
http://www.cbsnews.com/news/moonshiners-used-facebook-to-sell-the-stuff-sheriff-says/
https://www.wwaytv3.com/2017/08/08/two-south-carolina-moonshiners-busted-in-bladen-county/

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