The law stipulates imprisonment of 3 to 8 years for anyone who "directly or through a third party, receives, distributes or participates in the distribution by financial means, materials or of another nature, proceeds of the Government of the United States, its agencies, dependencies, representatives, functionaries or other private entities."
As Lamrani points out, "(t)his severity is not unique to Cuban legislation. US law prescribes similar penalties for this type of crime. The Foreign Agents Registration Act prescribes that any un-registered agent 'who requests, collects, supplies or spends contributions, loans, money or any valuable object in his own interest' may be liable to a sentence of five years in prison."
Gross's Detainment and Treatment By Cuban Authorities
It seems unlikely that Gross was abused or mistreated while serving his sentence. According to the Associated Press, Gross's lawyer Jared Genser said Judy "arrived in Cuba on Sept. 5 (2012) and was allowed to visit her husband on four days, three at the military hospital and once at a guarded home near the capital. He said there is no sign that Gross is being ill-treated." He also told the AP "(Gross) is being treated fine."
Gross, who suffered from arthritis, lost significant weight while held in confinement and developed a mass in his shoulder. He was treated by Cuban medical staff, and there is no evidence poor conditions contributed to his medical issues.
New York rabbi and gastroenterologist Elie Abadie was allowed to visit Gross in the military hospital, where he determined "through the exam he personally performed and also through the extensive information supplied by the team of Cuban doctors who have attended (Gross)" that Gross was in a good state of health.
Gross petitioned to see his mother before she passed away from cancer, but as Cuban Ministry of Foreign Affairs official Josefina Vidal noted: "neither the Cuban penitentiary system nor the U.S. penitentiary system provide the possibility for inmates to travel abroad, no matter the reason." The week after his mother died, Gross's wife was allowed to visit him again in Cuba.
The Obama Administration's Rejection of Cuba's Humanitarian Proposal
In early 2014, Gross began a hunger strike because of what he called "mistruths, deceptions, and inaction by both governments " because of the lack of any reasonable or valid effort to resolve this shameful ordeal." He ended his hunger strike a week later, stating he would resume his protest "when both governments show more concern for human beings and less malice toward each other."
Despite Gross assigning blame to both governments, there is ample evidence that the Cuban government made much more than a reasonable effort to resolve his case, while it was the U.S. government - alone - that refused do so.
Two years earlier, in 2012, the highest ranking Cuban diplomat in Washington, Jorge Bolaà ±os, had proposed a prisoner swap of Gross for the Cuban Five (more on them shortly). Bolaà ±os expressed his government's desire to "find a humanitarian solution to the case on a reciprocal basis." But the Obama administration flatly said no, and continued to unilaterally demand Gross's release without engaging the Cuban government on their offer.
On Dec. 17, 2014, the negotiated solution that freed Gross was the exact same deal the Cuban government had proposed three years earlier. It bears repeating that this offer was on the table all along and could have been agreed to by the Obama administration at any time.
If the agreement was fair last December, why was it not fair when it was first offered three years before? The U.S. government alone holds the blame - with Obama, as the head of his administration, owning the lion's share - for rejecting a clearly reasonable offer that resulted in Gross remaining detained unnecessarily for two and a half extra years.
Without any controversy, the U.S. government could have secured his release before he developed health complications, before his mother died, and before he began his hunger strike. The U.S. government obstinately refused, continuously, for three years to even consider a deal that later appeared to be a no-brainer for both sides.
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