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(Quick Tutorial below - please read)
C R I M E F I G H T E R S
Chap 0 Table of Contents and Quick Tutorial (2 pages)
Chap 1 FloppyBooks info, Copyright/Trademarks (2 pgs)
Chap 2 Why Police Can't Cope, and The Need for CrimeFighters (8 pgs)
Chap 3 Crime Stoppers and We-Tip's Formula for Rewards (6)
Chap 4 Catch-all Reward Law: $25,000 - All Felonies, All States (3)
Chap 5 Fines & Forfeiture Laws: 50% Paid to CrimeFighters! (7)
Chap 6 Misdemeanors and Do-It-Yourself Lawsuits (11)
Chap 7 Qui Tam Law: Be the Prosecutor - Control Plea Bargaining (6)
Chap 8 Civil & Criminal RICO Laws (8)
Chap 9 Drunk Driver Terminators (D.D.T.) Patrols - to Get Started (10)
Chap 10 Drug Laws & Drug Wars - Unlimited Business Opportunities (10)
Chap 11 Polluter Tooters: Anti-Pollution laws, MEGABUCK Rewards (16)
Chap 12 Terrorists, Assassins, and Police Corruption (6)
Chap 13 Bounty Hunters, Bail Bond Agents and Skip Tracers (6)
Chap 14 U.S. Customs/Coast Guard Laws, Mechanics' Laws (11)
Chap 15 Post Office Rewards, Scams, Cons, Frauds (10)
Chap 16 Wildlife Protection/Poaching, Conservationists Laws (12)
Chap 17 National Forests (Vandalism, Pot Growing, other laws) (11)
Chap 18 Wiretap and Blackmail Laws & Rewards for CrimeFighters (10)
Chap 19 Misc Rewards for This and That (Dozens of them) (10)
Chap 20 State Reward Laws (3)
Chap 21 Crime Information, Your Right to Withhold for Rewards (5)
Chap 22 Citizen Arrests - What you Need to Know (15)
Chap 23 High Speed Pursuits - Unlike Smokey and the Bandit! (7)
Chap 24 Rules of Evidence - Entrapment Explained (6)
Chap 25 Where to Get CrimeFighter Training (5)
Chap 26 High Tech Tools of the Trade - Where to Get Them (7)
Chap 27 Problems with Prosecutors and Plea Bargaining (8)
Chap 28 How to Calculate Rewards, Proposed CrimeFighters Reward Law (7)
Chap 29 CrimeFighters International, Inc. Membership info. (5)
Chap 30 Membership Application (3)
There are about 240 pages in this book.
Quick Tutorial - Floppy and Hard Disk Operation
F1 pops up a Help File that's available at all times. The HELP file is in
two parts.
Part 1 is available when reading text. It contains a full explanation of
all standard features plus a few things you need to know before you begin.
Scroll through it for general information on the various Function
keys and short-cut keys. But first, please read the following notes.
Part 2 is when you're in the program and need HELP on a particular feature
you want to use that's HIGHLIGHTED. Use F1 to get information on that
particular feature in more detail. (Context sensitive Help.)
When you use F10 to activate the main menu at the top left of the screen,
use the left/right arrows to make a selection. When you do, the selection
should be highlighted to indicate where you are. If you can't see the
highlight, it may be because you have entered the wrong information about
your computer config. or made a typo. Exit the program and type START.
This page (table of contents) stays in memory at all times.
F6 displays this info at any time. Hit F6 again and it removes it.
Note: Function Keys aren't active when you're in the HELP or other windows.
Use ESC to "back up" or remove Help windows and (F*) Function windows.
The Windows feature in the Turbo Pascal software used in the development
of this program also provides Zoom and Resize Window features. These may
be useful in other programs (or FloppyBooks by other authors) but have no
real use in this book. I suggest you ignore these two features, even though
they are available and explained in the HELP file.
A minor program bug that seems to be beyond the skill of our programmer
can be easily overcome by an extra keystroke. Instead of waiting 3 to 6
months for the programmer to fix it, I decided to release the books now.
F7 opens a window to select a chapter. When the window is opened, use the
TAB key to move the invisible cursor into the prompt box where it will
start blinking, waiting for input. Enter the chapter number and <enter>.
(Using the TAB key to activate the blinking cursor is the extra keystroke.
This minor but baffling program bug should be corrected in Version 2.0.)
FLOPPY-BASED Operation Only
Disk # 1 has the book reader software and HLP file. Both files MUST be in
drive A at all times. Disk # 1 has a few chapters on it, but other chapters
may be on disk 2 or 3.
To minimize floppy swapping, make sure all the chapters AVAILABLE on each
disk are in numerical sequence. (The numbers on the disk directory don't
have to be in sequence, but there should be no missing chapter numbers for
that group of files.) A missing file, not available anywhere, will prevent
loading of other chapters. That shouldn't happen, but it might because of a
bad modem transmission or faulty floppy. Use F7 to select the next chapter
available to bypass that problem until you get another copy of the book.
Disk 2 and 3 (etc) are put in drive B in numerical sequence. When you
start, your computer will read drive A and can read the first few text
files on that disk. Eventually, you'll try to access a file that's on
drive B, and the computer can't find it on A. You'll get an error message.
ERROR MESSAGE: "Chapter can't be found" means:
The next chapter is not on drive A. If the next chapter is on drive B, tell
the computer to read drive B from then on, and insert disks in sequence in
drive B until the end of the book. Here's how to do it:
(1) Use ESC to exit error message.
(2) Use CTL-F7 to get a window to let you change DIRECTORY (first box)
(type B: and <enter>. (Directory Paths aren't usually needed for floppies.)
(3) Change disks as needed for the next chapter in sequence. Use F9 to read
the next file - or,
(4) You are reading files on drive B but have read the last one on the
floppy in drive B. Insert the next floppy if you want to continue reading
in sequence. Use ESC to exit error message, F9 for next chapter - or,
(5) You can also read files in random order. F7 opens a window to select
a chapter to read or print. When the window is opened, USE THE TAB KEY to
move the cursor to the prompt box and enter the number you want. Make sure
the disk with that chapter is in the current read drive and <enter>.
If the random chapter you want to read is not on the current read drive),
change drives first (Ctl-F7), then F7 to type the chapter number.
Once you're reading files on drive B you won't have to change drives back
to A unless you want to start all over, or random read files that are on
drive A. In that case, reset the directory (Ctl-F7) to read from A:
(Remember, F6 will toggle you to and from this tutorial if you need it.
Or use F1 for additional help.)
NOW, hit F1 to read the general information on part 1 of the Help File.
Or,
F9 for Next Chapter
Copyrights & Trademarks,
and Program/Book Copying Restrictions
* * * Copyright Notice * * *
FloppyBooks software by Wm. B. McGhee, 1400 Colorado Street, Boulder City,
NV 89005.
FLOPPYBOOKS COPYRIGHT 1991 WILLIAM B. MCGHEE ALL RIGHTS RESERVED
Book text by Wm. B. McGhee. 1400 Colorado Street, Boulder City, NV 89005.
CRIMEFIGHTERS COPYRIGHT 1993 WILLIAM B. MCGHEE ALL RIGHTS RESERVED
This complete FloppyBooks unit, including FloppyBooks' software and name
related book text, may be freely copied on floppies, uploaded to BBSs and
downloaded by the public to attain unlimited distribution.
This book's text may not be reproduced in any other form or manner except
for book reviews without the written permission of the author.
Addition, deletion or modification of this book's text without the author's
permission is strictly prohibited and a copyright violation.
Trademark Notices
FloppyBooks (TM) is a unique name belonging to William B. McGhee. Please
note is is one word (not two) and the capital "B" in Books. When writing
about FloppyBooks, please use the correct spelling.
CrimeFighters (TM) is a unique name belonging to William B. McGhee. Please
note it is one word (not two) and the capital "F" in Fighters. When writing
about CrimeFighters, please use the correct spelling.
FloppyBooks' Software Restrictions
FloppyBooks' software and name-related text files are not interchangeable
with other FloppyBooks. The book's name is embedded in the program and the
accompanying text files must have the same name. The software and name-
related text and *.BAT files are programmed to be used for one specific
book. (Some books have a PRINT option, some don't.)
FloppyBooks' software is not intended for use as a general purpose text-
file reader program. Changing the book-reader program to match users' text
files or naming a text file to fit into someone's licensed FloppyBook is
prohibited and a copyright violation. Copyright violation is a felony!
Feedback
Reader's comments, suggestions, corrections, and book contributions (text)
are welcomed by authors and appreciated by future readers. Your feedback
helps to improve technical books and software. Please contact the book
author if you would like to provide additional material or corrections.
If you find errors, please do NOT make the corrections yourself. Instead,
ask the author to make the changes so the original text will not lose its
copyright protection.
What's a FloppyBook?
FloppyBooks are electronic books on a floppy disk. Like Shareware, they are
distributed freely on computer bulletin boards. Unlike Shareware, there is
no charge or obligation to read FloppyBooks. Instead of collecting book
royalties, the author may sell related products or services.
When copying FloppyBooks to diskettes or downloading via modems, ALL the
software and their name-related text and *.BAT files must be kept together
as ONE UNIT. Text files from one FloppyBook cannot be read or printed by
other FloppyBook software because their respective names won't match. When
storing a FloppyBook on a hard drive, keep each FloppyBook UNIT in a
separate directory.
Read/Print FloppyBooks
FloppyBooks, Inc. invites and encourages copying of FloppyBooks and passing
them on for everyone's education and enjoyment. A print option on the TOP
BAR of the screen means anyone may print the text for personal use. Print
privileges does not include commercial printing for sale and profit unless
the author specifically grants that privilege in writing or in his book.
Allowing printing of a FloppyBook does not mean the book author gives up
the copyright. Only the author may make changes, additions or deletions to
the text. The author reserves the right to rescind printing authorization
at any time. Page numbering is automatic, but resets to page 1 when the
printing operation is interrupted and restarted.
Read/Only FloppyBooks
If a Print option is not available, it's because the author may want to
sell printed versions. Updated, printed versions of FloppyBooks may be sold
at lower prices on BBSs than in book stores, as a pre-publication offer.
To get a professionally printed copy of a FloppyBook, contact the author
whose name appears in the author's copyright section above. If there are
sufficient requests the author may make printed copies available.
F9 for next Chapter
Why CrimeFighters are Needed
(Police Can't Cope With Crime!)
"CrimeFighters" is a word coined by the author to give a name to citizen
crime fighters participating in law enforcement and paid on commission for
their time, effort, and personal risk. A job description of a CrimeFighter
is a bounty hunter, working unofficially for law enforcement agents to
collect rewards, plus 50% of fines and forfeitures when available.
Everyone knows the crime rate and violent crimes are on the increase. But,
it's impossible for police to be at the scene when crimes are committed
unless it's by accident or advance notice by informants. Fact is, police
really can't do anything to reduce the increasing crime rate. It's like
trying to bail out a sinking ship when the water is coming in faster then
the crew can bail. They need help. CrimeFighters can provide that help.
Chief Justice Richard Neeley, of the West Virginia Supreme Court, mentions
in his book, "Take Back Your Neighborhood," that doubling or tripling the
number of police patrols is NOT a viable solution to crime prevention and
detection. The main reason is that police on patrols only spend about 2 to
5 percent of their time actually preventing "crime"! That may sound like
neglect of duty, but it's not.
Police patrols are used to discourage crime by their uniforms and easily
identified patrol cars (police presence). Most of the time, they respond to
radio calls to maintain law and order. "Law and order" covers a wide range
of services that have little to do with making felony arrests.
Police stop fights and family disputes, quiet noisy neighbors, catch wild
animals or rescue pets, attend the dead until a medical examiner arrives,
check out "suspicious noises" and (usually false) burglar alarms, issue
parking or speeding tickets, go to the scene of traffic accidents and write
accident reports, maintain the peace (law and order) at rock concerts and
sporting events, pick up drunks and derelicts, deliver babies, escort
ambulances, control traffic at fires and accidents or during emergencies,
qualify at target practice, attend police lectures, lead parades and
funerals, chauffeur high-ranking officials, give lectures to kids at public
schools, spend countless hours in court as witnesses in civil and criminal
suits, wait for and talk to prosecutors concerning arrests made, take
coffee breaks, make personal phone calls and do personal errands, and spend
almost as much time on paperwork filling in reports on everything they do.
In addition to the above, sick leave, holidays, and 3 to 4 weeks vacation
per year reduce time on the job. Altogether, Justice Neeley estimates that
out of every $100 spent on a patrol police wages, only $2 or $3 is actually
spent on felony-related law enforcement!
It's not the polices' fault that they spend so little time on actual crime
prevention and apprehension of criminals. We expect (and demand) them to
take care of society's problems - whether they are crime-related or not.
Supreme Court decisions have also hindered field police work. The ever-
present threat of lawsuits have increased paperwork requirements, and
reports must be filled every time the officer does something out of the
ordinary, and that takes a few more hours.
Patrol officers are usually not involved in follow-up work after a crime
has been committed and the perpetrators (perps) have disappeared. That's
the work of more experienced officers who have been promoted to detective
rank. Plainclothes officers are assigned to various details relevant to
such crimes, as homicide, rape, vice, robbery, bunco, organized crime, drug
enforcement, etc. Many of these crimes require elaborate "sting operations"
and undercover work.
However, in a study for the Law Enforcement Assistance Administration,
involving 153 police jurisdictions and covering a 2-year period, the Rand
Corporation found that even police assigned to detective work spend little
more than half their average time on actual casework.
A year-long controlled experiment in Kansas City in the 1970s studied
whether doubling or tripling the number of police patrols had any effect in
reducing crime. The Police Foundation found that the extra police presence
neither had an effect on the number of crimes committed, nor on the
public's feeling of insecurity. While high visibility of clearly marked
police cruisers and the distinctive uniform tend to suppress unlawful
activity momentarily, they don't permanently prevent criminal activity.
Criminals just wait until the police aren't around.
The report concluded, "Primary responsibility rests with families, the
community and its individual members. The police can only facilitate and
assist members of the community in the maintenance of law and order, and no
more."
Robert diGrazia, the Police Chief of Montgomery County, Maryland, who was
also the former Police Chief of Boston and St.Louis, said to a group of
fellow Chiefs, "We are not letting the public in on our era's dirty little
secret -- that there is little the police can do about crime."
When you think about it, you realize that's the truth!
Most police work is reactive. That is, crimes aren't committed when police
are in the area. Police seldom are lucky enough to catch lawbreakers at the
scene of the crime. Most of the time they are responding to crimes that
have already taken place, and the perps have fled the scene and are
unknown. That's where police need help.
Help Wanted - With Restrictions
A few Police Chiefs have openly admitted they need help. Police
Commissioner Lee P. Brown, said, "We (the public) just can't continue to
rely on the police." Others, with a John Wayne complex, will never admit
they need help. But whether they admit it or not, they do need help. Crime
statistics prove it. However, police don't want vigilantes or trigger-happy
yahoos who could hinder them and threaten law and order.
Police discourage civilian volunteers on the firing line, except in
emergencies where they may ask for help. At all other times, it's best to
stay out of the way. There's a good reason for their attitude and official
policy.
Training and experience are the two most important ingredients in police
work. Cops are (usually, but not always) trained at Police Academies, and
even after this basic training, rookies do not perform hazardous duty right
away. Rookies are assigned to training units and/or to a Training Officer
for further on-the-job training. Many veteran cops are reluctant to have a
rookie as a partner instead of a fully trained officer when working on
dangerous assignments or patrols.
Ordinary citizen have no basic police training, may not be qualified with
firearms, don't know police procedure in making arrests, and are liable to
go bonkers when and if they come under fire.
If you were a police officer, would you want untrained, unpredictable,
unproven, and unreliable, rank amateurs for partners? Of course not.
What You CAN Do
Be on the alert to spot criminal activity. Learn to be observant. Look for
things that don't look right or people who are out of place in their
surroundings or acting suspicious. (Think like a cop!) Try to infiltrate
street gangs if you're in that age bracket and can blend in, or find and
make "friends" in criminal circles. But NEVER become involved in criminal
activity yourself -- unless you have specific written authority from a law
enforcement agent and are part of an official undercover operation.
Work undercover: Learn who is involved in criminal activity, where they
operate, and what they've done. Get evidence when you can. Feed the
information to your local FBI agents and let them decide which appropriate
law enforcement agency will be involved. Your information may provide
probable cause to get search warrants. Let the authorities do the follow up
and make the arrests. You'll still be eligible for rewards without having
to risk your neck making arrests or appearing in court.
Citizens work in a variety of positions (accountants, lawyers, secretaries,
clerks, factory workers, truck drivers, etc.) in which criminal activity
occurs. They may obtain sufficient evidence of a crime (probable cause) to
lead to a formal investigation or an arrest.
Undercover CrimeFighters should try to record information or criminal
evidence on audiotape, videotape or film. When they have sufficient infor-
mation they should contact an FBI agent to negotiate a reward. At that
point, CrimeFighters usually drop out of the action.
Bring the FBI into a case as soon as possible and let their undercover
agent take over. Then the agent will be the witness who testifies in court.
If the CrimeFighter testifies, anonymity will be lost. Revealing a Crime-
Fighters' identity might also result in unpleasant retaliation, including
physical violence.
FBI vs. Police Departments
Why work with the FBI instead of local police? Because almost all of the
significant rewards in this book are based on federal laws. Crimefighters
need to negotiate with the FBI, not local police. If the FBI isn't
interested in making arrests, they'll turn it over to the local police
department, but the Crimefighter will, if it's negotiated first, still
collect federal rewards.
The FBI uses experienced, well-qualified federal prosecutors. That's
another reason to work with federal agents, federal courts and federal
prosecutors. State prosecutors are too often inexperienced and overworked.
Most will allow plea bargaining to lesser offenses to get an easy
conviction. When they lose the felony conviction, you lose the reward!
Few serious rewards are offered by state governments or cities. Local
police aren't authorized to negotiate or pay federal rewards. Perhaps
that's why CrimeStoppers and We-Tip evolved.
After reading this book you'll realize that CrimeStoppers, We-Tip and other
privately-funded reward organizations are for amateurs! If you want to
collect the big rewards and be considered a professional, you have to
move up the ladder to the federal level.
Where the BIG Bucks Are
Racketeer Influenced Corrupt Organizations (RICO) law was created for
mobsters like Al Capone. Recent court decisions indicate that felons who
profit from their crimes comes under the scope of RICO laws - even bribery!
(Chapter 8 provides full details of RICO law.)
Successful career criminals often accumulate small fortunes from a lifetime
of criminal activity. Anything of value purchased from the "fruits of
criminal activity" may be seized by the courts. Multi-million dollar
businesses have been forfeited under RICO. (A few of them are mentioned
in Chapter 5.)
It doesn't matter when the assets were purchased or whether they relate to
the crime being prosecuted. Anything of value owned by a lawbreaker that
can't be proven by him to have been purchased with "honest money" (and the
burden of proof is on the defendant) can be seized by the court under RICO
laws -- and the CrimeFighter can get a share of the fines and forfeitures!
RICO law now applies to virtually every felony except those committed for
other than profit such as joyriding in a stolen automobile or murder in
crimes of passion, for example. That leaves a wide range of criminal
activity subject to RICO and opens up more possibilities for fines and
forfeitures -- to take away the profit from successful criminals.
Police are required to face danger as part of their job. Crimefighters
don't have to go all the way regardless of personal risk. Crimefighters can
back off, at any time, and give the information and evidence to the FBI.
Let them do the dangerous work. They'll thank you for it, too!
In addition to RICO and sharing in huge fines and forfeitures, dozens of
federal laws pay generous rewards - a couple of them up to $250,000!
CrimeFighter Candidates
All ex-law officers, licensed private investigators, security guards,
military veterans, and bail recovery agents, are ideal CrimeFighters.
CrimeFighters are self-employed. No license is required. And there are no
age limits, sexual or physical requirements.
Chapter 25 tells you where to get law enforcement training, hand-to-hand
combat, and handgun practice that's better than those at Police Academies.
There are hundreds of specialized books and videos in the CrimeFighter
Catalog (CRIMCAT). Look for it on your local BBSs. If you don't have the
training, you can get it! If you've been looking for an action career, one
that pays $100,000 or more a year, in proportion to the risks taken, this
is it.
Part II
Self-Help in Law Enforcement
The history of law enforcement shows that before the early 1900s there were
very few "public" police. Most police were watchmen or guards employed by
merchants to protect their merchandise. In towns and villages everyone
looked out for one another. When a known criminal or crime in progress was
spotted, a hue and cry was sounded. All able-bodied men and women would
rally to catch and punish the culprit.
At frontiers, almost everyone had a gun. When a crime was spotted the
criminal was either captured or shot by irate citizens. The only bleeding
hearts in those days were in dead culprits! People knew what to do and what
was expected of them. This self-help approach went out of fashion with the
horse and buggy. In the 1900's police forces as we know them today were
gradually established in cities, and for a while the crime rate was low
enough for local police to handle crimes without any help. Times have
changed. The self-help concept needs to be seriously reconsidered today.
During the last century the public has been led to believe law enforcement
is strictly up to city, state, and federal authorities. Some police still
insist law enforcement should be reserved only for those who are trained
for it. It isn't. There is no legal monopoly on law enforcement. Anyone can
and should get involved in law enforcement -- up to their capabilities.
It's every citizen's obligation and duty to help enforcement personnel
maintain law and order and to catch criminals or give evidence when they
see someone committing a crime.
Remember the Kansas City report, "Primary responsibility rests with
families, the community and its individual members. The police can only
facilitate and assist members of the community in the maintenance of law
and order, and no more."
When some citizens see a crime being committed, they pretend they don't see
it. They turn away because, even if they wanted to do something, they
simply don't know WHAT to do or HOW to do it. They feel vulnerable, scared,
helpless, and embarrassed! That's the problem.
Solution: Training for CrimeFighters is available. Chapter 25 provides full
details. More than 400 books and videos listed in CrimeFighters' Catalog
(CRIMCAT) can provide insider information on all areas of law enforcement
and related subjects.
Costs of Law Enforcement
A cop's pay for 20 years, fringe benefits, equipment, and administrative
support costs, is about $1 million ($50,000 a year for 20 years). And, if
the officer is promoted to sergeant before retirement, the pension for
about 35 years will cost another $1 million. And, not all cops are in the
firing line. There's a large percentage of sworn officers in administrative
and other support services. The total cost of each full time career officer
on the streets cost taxpayers close to THREE million dollars!
That's something to remember when you ask for more police protection and
want a cop on every street corner. Police services aren't free!
If, as a taxpayer, you don't mind paying $3 million for a career police
officer who spends about 5% of the time fighting crime, you shouldn't mind
a full-time CrimeFighter being paid $1 million on a commission-only basis.
Conclusion
Citizens can be unofficial undercover agents to find out about criminal
activity and give this information to the FBI to make arrests, or make the
arrests themselves when there is no time to call the FBI.
The incentive to put yourself in a potentially hazardous situations is that
you can be paid handsomely for it from generous rewards. Large rewards are
available and mentioned in detail in this book. Your share of fines and
forfeitures, sometimes in the millions of dollars, are bonuses!
Being a Crimefighter isn't for timid people. It's for those who want
adventure, physical action, large sums of money, and who are not afraid to
get involved in the war on crime.
If you've thought of being a police officer, but weren't eligible, you can
be a CrimeFighter instead and do (almost) the same job.
Crimefighters are independent, and their hours are flexible. Unlike police,
they can take the jobs they like and leave the ones they don't like; work
with partners of their own choosing; take time off when they want; wear
clothes they like to wear; and as an unofficial bounty hunter, make about
$100,000 a year, or more.
Volunteers are needed. Your Crimefighter application is in this FloppyBook.
Be the first CrimeFighter in your neighborhood and recruit your own group.
F9 for next Chapter
Privately Funded Rewards - How Much do they Pay?
There are a few privately funded organizations who offer rewards for
information leading to the conviction of felony crimes and some
misdemeanors. Two of the most popular are We-Tip and Crime Stoppers.
We-Tip was founded in 1972 by Bill Brownell, a retired Los Angeles County
Sheriff's Deputy, and Miriam Eckert, an Ontario (California) business
owner. Initially, the program was a California citizen's self-help program
against drugs. In 1982, We-Tip went nationwide and expanded to include all
major crimes. We-Tip now covers all 50 states, Puerto Rico, the Virgin
Islands, Canada, and Mexico. Because We-Tip was the first, it's recognized
as the originator of anonymous tip programs.
Crime Stoppers was founded in 1976 by Greg MacAleese, a New Mexico
policeman. Like We-Tip, it provides financial incentives to encourage
citizens to report criminal activity.
As a result of We-Tip and Crime Stoppers' programs, the number of tips sent
to police departments has increased substantially. Both have the same idea,
concepts, and get similar results. The difference is in their method of
sales promotion and fund-raising to pay rewards. Another difference is that
Crime Stoppers has been organized into Chapters (called "Programs"),
whereas We-Tip is not. As a result Crime Stoppers quickly grew to about
1,000 local Chapters by 1990, in the United States, Canada, Africa,
Australia, England, and the Netherlands. In 1989, 193 Crime Stoppers
programs operated in Texas alone!
There are three levels of Crime Stoppers: municipal, state-wide,and Crime
Stoppers International, Inc. All are non-profit. CrimeStoppers' goal is to
promote programs throughout the world and help coordinate and exchange
information among state and local groups.
Crime Stoppers charges no franchise fee to start a local program but there
is a $25,000 minimum funding required for payment of rewards, and specific
operating requirements to protect the name and concept of Crime Stoppers.
The address of Crime Stoppers International, Inc. is 3736 Eubank Blvd.,
N.E., Suite B-4, Albuquerque, New Mexico 87111, (505)294-2300 or (800)
245-0009.
We-Tip's mailing address is: We-Tip Inc., P.O. Box 1296, Rancho Cucamonga,
California 91730. We-Tip operates out of a single location via "800"
numbers: In California (800-78-CRIME), outside California (800) 73-CRIME,
or FAX: (714) 987-2477. These hotlines are operated 24 hours a day, 7 days
a week.
Both are Needed
We-Tip pays rewards for information on criminal activity "anywhere,
anytime" in the United States. That includes rural areas, interstate
highways, and National Forests. We-Tip's wanted posters on marijuana
growers and free bumper stickers are found in National Forests' Ranger
Stations, for example.
Crime Stoppers obtains funding from local businesses and from individuals
living in their area. Local groups are authorized by their board of
directors to pay rewards only for information concerning crimes in their
community. That's because there is a limit on local donations and fund-
raising drives from residents and merchants. Local programs can't afford to
pay rewards for information on crimes committed outside their community.
Each organization has strengths and weaknesses. We-Tip fills in the gaps in
areas where Crime Stoppers does not pay rewards. Together, they cover the
entire country.
If a community is too small to financially support a local Crime Stoppers
program, but wants to do something about the crime rate, they can
distribute We-Tip's brochures in their area to obtain We-Tip's coverage.
We-Tip is like a Federal Marshall who covers all counties throughout the
United States plus other areas. Crime Stoppers groups are like city police
who cover only their respective cities. By coincidence, Bill Brownell is a
retired county deputy sheriff, whereas Greg MacAleese is a city policeman.
Fund Raising
Crime Stoppers Chapters have about 10,000 key people throughout the United
States who actively promote their fund-raising and reward-paying programs.
They advertise heavily in local newspapers, radio, T.V., and billboards.
That's the major advantage of the franchise concept.
Another advantage is political clout created by thousands of motivated
people (committee members) of local Chapters in all 50 states. Because
Chapters are non-profit, they usually get free advertising on radio, T.V.
and outdoor advertising. News articles and press releases are also used to
get maximum coverage.
We-Tip isn't as well known as Crime Stoppers outside of California and
adjoining states because their advertising is mainly in the Western states.
We-Tip concentrates the advertising of their reward program via
professionally designed brochures.
We-Tip's brochures, one for every serious crime, are sold at low cost to
anyone who wants to distribute them in their community. The small box on
the back of the brochure provides the name and address of the person or
business making them available. The cost of brochures is tax-deductible as
advertising costs for companies. We-Tip has them printed in large
quantities and sells them at a small profit. The profits from the sale of
brochures, plus donations, are used to fund their reward money.
Misdemeanors
We-Tip pays rewards for information on all felonies anywhere in the United
States. And, according to one of their brochures, they pay rewards for
information concerning vandalism and graffiti misdemeanors.
Crime Stoppers may or may not pay rewards for information on serious
misdemeanors. Nationwide, millions of misdemeanors are committed every
year. Crime Stoppers and We-Tip would be quickly out of funds if they paid
rewards for all misdemeanors. When in doubt, call them.
Rewards - How much can you get?
Most privately funded organizations, such as Crime Stoppers, Crime Solvers,
Secret Witness, Crime Line, We-Tip and others, pay rewards "up to $1,000."
But, very few tipsters are paid $1,000. The reason is, rewards are raised
by donations and local fund-raising events. There's a limit on how much
they can afford to pay. Further, they pay an amount based on a formula, and
not everyone gets top dollar. Very few tipsters can provide the kind of
information needed for a conviction. Often, they aren't personally involved
in solving the crime, obtaining evidence, making arrests, or taking risks
of physical harm to qualify for the maximum reward.
The following information is how Crime Stoppers calculate rewards. Most
privately funded organizations have similar formulas.
Point Systems for calculating Rewards Paid to Tipsters
Part 1.
Points Category of Crimes
------- -------------------------------
3.5 Capital murder. (First degree)
3.0 Murder, sale, distribution and manufacture of narcotics, in penalty
group I.
2.5 Aggravated offenses of robbery, robbery, sexual assault, assault,
kidnapping, indecency with a child. Sale or distribution or
manufacture of narcotics in penalty group II
2.0 Burglary, arson. Sale or distribution or manufacture of narcotics in
penalty group III.
1.5 Felony possession of narcotics in penalty groups I, II, and III.
Felony theft.
1.2 Felony offenses against public health, safety and morals. (Weapons,
gambling, prostitution, pornography, felony criminal mischief).
1.0 Auto theft, fraud, hit and run with injury, and fugitive and felon
apprehensions.
Part 2. Additional Points
(a) Personal risk to tipsters
1.2 High risk
0.8 Medium risk
0.5 Moderate risk
0.0 Low or no risk
(b) Number of Crimes solved
0.8 for three or more
0.6 for Two
0.2 for one
(c) Property recovered/narcotics seized
1.3 if greater than $100,000
0.8 if greater than $ 20,000
0.6 if greater than $ 10,000
0.3 if greater than $ 2,500
0.1 if greater than $ 1,000
0.0 if less than $1,000
(d) Number of persons arrested
0.8 if three or more
0.6 if two persons
0.4 if one person
Part 3. Conversion of points to dollars
Total points Reward is between - -
1.0 $ 75 - - 200
1.1 - 1.2 - - $100 - 250
1.3 - 1.4 - - $125 - 300
1.5 - 2.0 - - $150 - 350
2.1 - 2.5 - - $200 - 400
2.6 - 3.0 - - $250 - 450
3.1 - 3.5 - - $300 - 500
3.6 - 4.0 - - $350 - 550
4.1 - 4.5 - - $400 - 600
4.6 - 5.0 - - $450 - 650
5.1 - 5.5 - - $500 - 700
5.6 - 6.0 - - $550 - 1,000
The maximum points (6.0) are seldom attained and $1,000 seldom paid. To
determine how much would be paid for a certain crime and under varying
circumstances, add up the points you might get and calculate the amount.
Rewards will be approximately as shown in the above formula. Rewards may
vary $100 or so, depending on a few other factors. A sudden crime wave,
in a small community, with many rewards pending might force them to pay
rewards less than indicated in their formula. Thus, there is no guarantee
of how much you will be paid.
Crime Stoppers vs Government Agencies
When a person who just happens to notice something and makes a 2-minute
telephone call, a reward of $100 to $200 is fair and reasonable. Privately
funded organizations who use such a formula usually have it geared to
compensate and satisfy a one-time tipster.
However, if someone were to go undercover and infiltrate a drug ring or
spend a few weeks or months to get information and evidence, the extra
points (and dollars paid) are not in direct proportion to effort. Extra
points earned for high personal risk (1.2) means the reward might be
increased only by $120 according to their formula. If there is significant
time, effort, expense or personal risk involved, it would be smarter to
contact the FBI and negotiate for a reward of $10,000 to $250,000!
The comments above are directed to full-time CrimeFighters. They need to
know what they can expect from We-Tip and Crime Stoppers, and why they
should zero in on Federal rewards.
CrimeFighters are in a different category than tipsters. They aren't people
who just happen to hear about, or see, a crime in progress. CrimeFighters
may spend considerable time, money and effort establishing a network of
street people and ex-convicts to get tips or evidence of criminal activity.
They require appropriate compensation in proportion to their time, effort,
expense, and personal risk when they become personally involved in
investigative work.
Double-Dipping
Scenario: A CrimeFighter learns of a drug distribution network. He obtains
information concerning felony charges of drugs, firearms violations,
smuggling, income tax evasion, traffic violations and a few other felonies.
The information includes many different violations.
Question: If many laws were broken, would he be paid a reward from each
department if each department had provisions to pay rewards? The answer is
no. In most cases he would be paid only from the department to whom he
reported the original information. Some laws (Customs, for example) specify
rewards are to be paid for "original information," or words to that effect.
Because of the discretionary powers of agencies who authorize payment of
rewards, very few would allow double-dipping. If the information was first
given to Crime Stoppers, Crime Stoppers would pay, but it might be the only
reward paid!
An exception is drug-related offenses. The Drug Enforcement Agency (DEA)
reward, Title 18, USCS 886, specifically mentions this reward may be paid
in addition to any other reward. However, it is also subject to
discretionary powers of its administrator.
The problem is that no matter how large or small the amount paid may be,
any payment from privately funded organizations usually makes it impossible
to collect a larger reward from the government. A larger reward might be
paid by the federal government if the CrimeFighter contacts them first.
Recommendation
Privately funded organizations (PFOs), such as We-Tip, CrimeStoppers and
others, should continue offering their small rewards to one-time tipsters
but could advise tipsters they may be eligible for $1,000 or more from the
Federal Government. If the tipster chooses to apply for a larger reward,
PFOs could offer to introduce them to a Federal agent (usually the FBI)
with whom they would negotiate for a Federal reward.
This procedure will allow PFOs to work with rather than compete with the
Federal government. It will also help PFOs to (indirectly) obtain funding
for larger rewards from the Federal Government. PFOs can then advertise
that larger rewards, such as $1,000 to $250,000, is available. That would
increase interest in their programs and provide stronger incentives to
tipsters -- at no cost to them!
The best solution is to have PFOs join forces to ask their legislators to
pass a state law that are as good as or better than the hodgepodge of
Federal laws. When such state reward laws are passed, there would be no
need to use Federal laws to obtain maximum rewards! (Chapter 28 has a
proposed CrimeFighter reward law that could be used as guidelines.)
Shopping for Rewards
Law enforcement agencies often squabble over who has jurisdiction because
they compete with each other for certain cases. As in football, each team
wants to make the touchdowns and get the glory. It's understandable team
leaders in such agencies want to get all the tips for their team.
I have noticed a few letters, memos and suggestions in official
correspondence to field agents that suggest shopping around for larger
rewards by tipsters should be discouraged. These comments were either
motivated by the team effort or because of their funding limitations. Such
short-sighted policies minimize law enforcement incentives and results.
A full-time CrimeFighter isn't in the same class as a casual, one-time
tipster. CrimeFighters are self-employed private investigators. They need
to be paid according to their investment of time, money and personal
danger. Token rewards may be suitable for tipsters who chance upon certain
information and make a short phone call. Token rewards do not provide
sufficient incentives for full-time, private, licensed or unlicensed
investigators.
The bottom line is, if the job doesn't pay enough, no one will be seriously
interested. If the job can pay from $50,000 to $100,000 a year, thousands
of ex-police, licensed private investigators, and trained security
personnel might consider becoming full-time professional CrimeFighters.
That's what we really need! And, that's what I hope to achieve with an
invitation to you to become a voting member in a local CrimeFighter group.
F9 for next Chapter
Rewards - General Information, and
The Catch-all Reward Law
Six (reward) laws are of special importance and reward potential to a
CrimeFighter. They are:
(1) 18 USCS 1962: Racketeer Influenced Corrupt Organizations (RICO) pays a
percentage (up to 50%) of all fines and forfeitures with no dollar limit.
This law covers virtually all felonies that are profit motivated.
(2) 18 USCS 3059 pays rewards up to $25,000 for information leading to the
arrest for any state or Federal felonies. It's a Bounty Hunter law, with a
dead-or-alive clause!
(3) 21 USCS 886 Drug Enforcement Agency pays additional rewards of 25% of
all fines and forfeitures for information on drug-related felonies -- up to
$150,000!
(4) 19 USCS 1619 (Customs) pays 25% of fines and forfeitures up to
$250,000.
(5) 26 USCS 7623 (Internal Revenue Service) pays a percentage (up to 50%)
of fines and forfeitures, with no dollar limit!
(6) 33 USCS 411 (Environmental Protection Agency) pays 50% of fines and
forfeitures levied against navigable-water polluters -- no limit!
All of the above may not seem to hold much interest to CrimeFighters, but
they're sleepers. They'll surprise you with their potential. These, plus
quite a few more reward laws and related topics, are mentioned in detail in
following Chapters.
The Bounty Hunter Reward Law
USCS 3059 is the main catch-all law. It offers a reward for information
leading to the arrest of any felon, anywhere in the United States, whether
under federal or state law, and is payable after the arrest without being
contingent on obtaining a conviction. It's a very important reward law for
CrimeFighters. Here's the details:
Title 18 USCS 3059 "Rewards and appropriations therefrom.
"There is authorized to be appropriated out of any money in the Treasury
not otherwise appropriated, the sum of $25,000 as a reward or rewards for
the capture of anyone who is charged with violations of criminal laws of
the United States or any State or of the District of Columbia, and an equal
amount as a reward or rewards for information leading to the arrest of any
such person, to be apportioned and expended in the discretion of, and upon
such conditions as may be imposed by, the Attorney General of the United
States. Not more than $25,000 shall be expended for information or capture
of any one person.
If any of the said persons shall be killed in resisting lawful arrest, the
Attorney General may pay any part of the reward money in his discretion to
the person or persons whom he shall adjudge to be entitled thereto but no
reward money shall be paid to any official or employee of the Department of
Justice of the United States.
(b) The Attorney General each year may spend not more than $10,000 for
services or information looking toward the apprehension of narcotic law
violators who are fugitives from justice."
* * * * * *
Unofficial Interpretation of USCS 3059
Clause (1) A CrimeFighter may be paid up to $25,000 for the CAPTURE of "any
one person" who has been charged with a violation of state or federal laws
but has not been captured or who has escaped from authorities.
This law authorizes and encourage citizens to make a citizen's arrest or
otherwise physically capture (at gun point when necessary) any person who
has been charged (not necessarily convicted) of violating any felony law.
In effect, this is a Bounty Hunter reward law.
Clause (2) Up to $25,000 may be paid to a citizen for INFORMATION leading
to the arrest of "any one person" who has violated any state or federal
felony laws who has not yet been arrested or charged.
If the lawbreaker is known to be dangerous, and you have time to call the
FBI and negotiate a reward, let them make the arrest. You will still be
paid for the information. However, the amount may be less than that paid if
you were to make the arrest yourself.
Also important is the wording "any one person." That might be interpreted
as meaning the reward can be increased if many felons are arrested. In the
latter event, the rewards could be as high as $250,000 (the maximum) for
information leading to the arrest of a large drug ring.
The unique part of this law (3059) is that the reward will be paid for the
information leading to the arrest (only) and doesn't contain the words
"upon conviction." Authorities wouldn't authorize an arrest if sufficient
evidence wasn't available for a successful prosecution, but the "guilty"
person might get off on a technicality. In such an unfortunate event,
although the guilty party would go free, the reward would still be paid. A
CrimeFighter should get paid within a short period of time, and won't have
to wait until the person charged has exhausted all legal appeals available
in the court system.
Clause (3) The last condition is a "dead or alive" clause. The reward paid
under this clause is at the discretion of the U.S. District Attorney, who
decides the amount to be paid depending on the circumstances of the death
of the felon. If the lawbreaker is killed in a gunfight resisting arrest or
in a high-speed automobile chase, which are common occurrences, the full
amount would probably be paid. But if the death of the felon could have
been avoided but wasn't, or deadly force was used but not justified, or is
under suspicious circumstances, the rewards might not be paid. This
clause is mainly to discourage temptation by bounty hunters to deliver dead
bodies instead of live ones.
Clause 2 (b) was added Sept 1982. Presumably, the number of uncaught
narcotics violators are now so numerous, lawmakers were forced to exempt
them to avoid depleting the reward fund. However, Title 21, 886 is a DEA
law for drug-related crimes. It takes up the slack caused by the
elimination of rewards in 3059 for uncaught drug-related violators.
* * * * *
Incidentally, when a reward law says the Attorney General, the Secretary,
or the President, is authorized to pay rewards, it's not necessary or
advisable to actually contact those high ranking individuals. While the
named official is ultimately responsible, they are seldom involved in
authorizing rewards. In a few situations where the highest rewards are
justified, they may become involved to approve maximum payments.
Decision making and authorization for federal rewards are delegated to
Assistants who have offices in many cities. They are the ones who decide
how much the reward should be. When the amount of the reward is higher than
their authority to pay, they will contact their superiors and pass it on to
the person who can authorize it - providing that the amount is justified.
CrimeFighters should contact the FBI, or nearest U.S. Attorney's office as
the starting place to start negotiating for federal rewards. (Rewards are
seldom paid after disclosure if the reward is not negotiated first!)
* * * * * *
RICO covers just about all serious felonies that involve a profit motive.
Payment of a percentage of fines and forfeitures are available but subject
to negotiation, as it is with most reward laws. RICO law is very important
to CrimeFighters because the majority of felony violations will fall under
the broad scope of RICO, which has far reaching and broad powers such as
confiscating a lifetime of accumulated illegal profits from convicted
felons. Negotiated rewards can pay up to 50 percent of same, with no dollar
limit. RICO is explained in detail in chapter 8.
Where to Find Reference Material on Laws
Federal laws mentioned in this book are found in the multi-volume sets of
"U.S. Codes" in Federal Depository libraries in major cities. Not all
libraries are designated as Federal Depository Libraries. Ask your local
librarian where they're located. If there is no Federal Depository library
in your area, U.S. Codes are also available in law libraries, which are
usually found near courthouses. These libraries are for the convenience of
lawyers, but they're available to the public for legal research. When you
need to know the details of any law, refer to these volumes. (Tip: look in
the back of each volume for the latest updates.)
F9 for next Chapter
Fines and Forfeiture Laws
This chapter is about existing laws which contain provisions to pay a
percentage of fines and forfeitures to those who provide information
leading to the conviction of felons. Examples of maximum fines for various
felonies are listed in the last part of this chapter. The next chapter will
tell you how to get the money.
In certain circumstances the courts may assess a fine as part of the
punishment. The amount depends on a lawbreaker's ability to pay as well as
the appropriateness of such a fine. The courts realize that it serves the
public interest to levy fines and forfeitures in lieu of, or with, jail
terms. This is especially so when the felon has made huge profits by
violating the law, and, the courts feel a need to take away ill-gotten
gains. Fines and forfeitures are used to deny felons the "fruits of their
criminal activity."
Many laws contain provisions to pay 50 percent of resultant fines and
forfeitures. This creates an unusual opportunity for CrimeFighters. As you
look at the large dollar amounts involved, visualize yourself being
eligible and being paid 50% of the fines and forfeitures.
Some Examples
On October 31, 1990, headlines in the Arizona Republic stated, "Underground
Pot Factories Raided". Entrepreneurs had built two large houses designed
specifically for marijuana growing in underground rooms. The rooms
contained irrigation, lighting, diesel generators, and a compactor for
making bales of pot worth an estimated $50 million. The houses cost
$400,000. The sentence for each charge was 10 years to life in prison and
a fine of up to $4 million.
On April 13, 1990 a San Antonio Express-News headlines stated,"Mexican
Agents Held in Border Cash Haul." Two customs agents were placed under
arrest in Brownsville, Texas, when they were caught red-handed trying to
smuggle $2.4 million into Mexico. The money was in various denominations,
mostly small bills, and stashed in cardboard boxes. Only $10,000 can be
legally taken out of the United States without registration. The violation
of U.S. currency laws provide a maximum penalty of 15 years and fines up to
$500,000. In this case, the Mexican customs agents violated the law, were
caught, and the $2,400,000 in cash was seized and forfeited under customs
law. In addition, their 1990 Jeep station wagon was also forfeited.
The Bellingham (Washington) Herald (Bellingham, Washington) on June 11,
1990 stated, "Huge Heroin Bust in Bellingham." The story tells how U.S.
Border Patrol agents became suspicious of three men in a parked car. Having
"reasonable grounds" They searched the vehicle and found 13 packages of
Asian heroin with a wholesale value of about $1.25 million. When blended
with other ingredients for street sale, it could be worth about $15
million. The vehicle and heroin were forfeited.
In 1981, also in Bellingham, 40 tons of marijuana valued at $25 million was
seized from a ship on Bellingham Bay. The ship and its cargo were
forfeited, and the ringleader was sentenced to 25 years in prison and fined
$155,000.
Almost every week a newspaper story tells of another large drug bust.
Thousands of small drug busts of $100,000 are commonplace and hardly worth
mentioning except in the local news media.
It's been reported that 90 percent of all criminal activity is directly or
indirectly related to narcotics. Drug-related crimes are the single largest
law enforcement problem in America. On the other hand, they also provide
CrimeFighters with an opportunity to make a better than average income to
help police obtain evidence and to put violators in jail. RICO laws are
being used more and more to remove the profit from criminal activity. With
50% of the fines and forfeitures from just a dozen or more small drug
busts, a CrimeFighter can become financially independent!
Fraudulent Tax Shelter Schemes vs IRS
Title 26 USCS 7302 provides that "it shall be unlawful to have or possess
any property intended for use in violating the provisions of internal
revenue laws... and no property rights shall exist in any such property."
An unofficial interpretation of this law follows.
Any person using any property as "bait" in illegal tax shelter schemes
loses title to said property, which is then seized by the IRS.
One case (United States vs One 1954 Rolls Royce Silver Dawn, 777F.2d 1358
(9th Cir. 1985) involved a fraudulent tax shelter scheme in which the
automobile was the "object" used in the illegal tax shelter. The Court of
Appeals agreed it was an "active aid" in the illegal activity and was
forfeited under civil procedure.
Any object whether real estate or other property, used for illegal tax
shelters, or any other fraud, are subject to forfeiture. Under RICO and
other federal reward laws, the informant can get paid up to 50 percent of
the value of confiscated assets that are involved in criminal activity.
The courts may authorize seizure of cars, boats, airplanes, homes, and even
going businesses when they are used in the commission of a felony. Most
people know that customs laws, for example, provide for the forfeiture of
contraband items plus the vehicles or vessels if drugs are found in them.
Homes May Be Seized and Forfeited
A recent (1989) newspaper article in the Harlingen (Texas) Valley Times
mentioned a Brownsville man was arrested for 10 separate violations of
importing photographs of naked children engaged in sexually explicit
conduct. In many states, pornography of adults is permitted and tolerated
by law. When it involves underage children the law is harsh on offenders.
In this case, the possible penalty for each count is 10 years in jail and
up to $250,000 in fines for each violation. The indictment includes a
notice that the lawbreaker's house will be seized and forfeited under a
pornography law (Title 18, Sections 2251 - 2254). This law allows the
forfeiture of property used in the commission of pornographic offenses.
If the Brownsville man had legitimate businesses (other than the porn
business) and it was proven that part of the proceeds of his illegal
business was used to finance the legitimate business, or the legitimate
business was used to "launder" the illegal profits, the legitimate business
and its bank accounts could also have been seized and forfeited.
Money Laundering Problems
Al Capone was indicted for income tax evasion after the government couldn't
pin him down on other criminal charge. All they could prove was that Capone
was spending a lot of money that wasn't reported on his income tax forms.
Al couldn't account for the money or wouldn't say where it came from.
Most criminals know if they don't have a job or a business to support
expensive tastes, they will come under scrutiny for income tax evasion.
Money laundering is the obvious solution.
Money laundering is accomplished by investing illegally obtained money into
a legitimate business. Criminals then report profits from the business.
Laundering money solves one problem but creates another. If a criminal owns
the business it becomes "tainted" with illegal money. When that can be
proven, the business or business investments may be forfeited under various
laws as the fruits of criminal activity.
The Use of Corporations
Most racketeering businesses are incorporated. Corporations provide tax
sheltering and lower personal taxes. They also facilitate selling shares to
raise money for investments. When a business owner has many legitimate
business investments, accountants will recommend the use of a separate
corporation as a holding company. Such a corporation "holds" the shares of
various investments in the holding company's name. Dividend income from
various corporations are paid to the holding company and not to the owner.
That allows the owner to defer surplus business income and to reduce his
personal income taxes. This common business practice is a legal tax-
sheltering strategy. A successful criminal can become a rich business
owner, obtain legal tax breaks, and receive a legitimate income to avoid
suspicion of illegal activity.
However, if it can be proved that a business was financed by the profits
from criminal activity, the business can be forfeited. If illegal money can
be traced to a holding company, that holding company (which "owns" the
shares of all the various businesses) can itself be forfeited and the crime
boss loses everything!
Civil Forfeiture Cases
United States vs Cauble. 706 F.2d 1322 (5th Cir. 1983). Cauble placed
various legitimate businesses under the umbrella of a holding company which
was the RICO enterprise named in the indictment for a marijuana smuggling
enterprise. Although not all the businesses were involved in the illegal
activity, the jury felt that it is impossible to determine which weren't
tainted. They decided it would be better to declare forfeit all the
businesses rather than none. It was estimated the total value of Cauble's
enterprises was worth $15 to $20 million!
United States vs $4,255,000. 762, F.2d 895 (11th Cir. 1985) is a case in
which a person, who claimed to be an honest and well established money-
exchanger, moved $242 million in drug proceeds through a Miami bank in less
than eight months during 1981. The lawbreaker said he had no idea the money
delivered to him were the proceeds of illegal drug activity. The government
filed a $10 million civil penalty action against the defendant's company,
Sonal, Inc. (under 31 USCS 5321 (a)(2)) and seized $453,731 that was in a
Sonal's bank account.
Most of the criminal laws mentioned in this book offer rewards based on
either the arrest or conviction. An exception is Title 28, USCS 524, which
states: "payment of awards may be paid for information or assistance
leading to a civil or criminal forfeiture under the comprehensive Drug
Abuse Prevention and Control Act or a criminal forfeiture under the
Racketeer Influenced and Corrupt Organization Statute (RICO) 18 USCS 1961
et seq."
Keep USCS 524 in mind for RICO civil suits. The payment of awards provides
legal standing to citizens to initiate civil actions against drug dealers.
It's one of the keys to a CrimeFighter's financial success. (More on civil
suits in chapter 8)
Customs' Forfeiture Law
Also an exception is 19 USCS 1619, mentioned later in more detail in
Chapter 14. This Custom's law is very broad law and provides compensation
to informers. USCS 1619 doesn't mention (therefore doesn't specifically
prohibit) payment based on civil action fines and forfeitures. Payment is
not tied to an arrest or conviction -- only that such information "leads to
a recovery of any duties withheld, or any fine, penalty, or forfeiture of
property incurred: the Secretary may award and pay such person an amount
that does not exceed 25 percent of the net amount so recovered."
Smuggling often involves large quantities of contraband. Drugs have a very
high value (currently $100,000 per kilogram from Columbia which is sold for
$1 million on the street.) This "drug value" seems to be anticipated in the
25 percent Custom's reward. The reward is limited to $250,000 for each
case. That's about where the total value of fines and forfeitures is
expected to be $1 million or more.
Bonuses
Title 18 USCS 886, Drug Enforcement Agency pays an additional reward, up to
$25,000, for information leading to the conviction of any drug-related
criminal activity. Whether or not there is a conviction, but providing the
case goes to trial, you can also qualify for up to $25,000 under Title 18
USCS 3059, which pays a reward for information leading to the arrest for
any state or Federal felony.
If a conviction is obtained on drug-related crimes, you can qualify for up
to 50% of the fines and forfeitures (vehicles, equipment, cash, jewelry,
businesses, guns, stocks and bonds, etc.), plus rewards of up to $50,000
via USCS 3059 and USCS 886.
Free Vehicles, Guns, Boats and Aircraft?
State and Federal district attorneys hardly ever try to sell forfeited
items at retail prices. They usually sell them at wholesale prices or less
to get rid of them as soon as possible. This is especially so when the
items, such as vehicles, boats and airplanes, require maintenance charges,
storage or are subject to vandalism, weathering, theft, or obsolescence
which would quickly reduce their value.
A CrimeFighter who has 50% claim to the items forfeited might be able to
persuade authorities to use the 50% and possibly related rewards as the
purchase amount. That would provide the authorities with immediate disposal
of the forfeited property.
Fines - How Much?
USCS 3571 provides the courts with guidelines and amounts of fines:
18 USCS 3571 Sentence of fine.
(a) In general. A defendant who has been found guilty of an offense may be
sentenced to pay a fine.
(b) Fines for individuals. Except as provided in this subsection (e) of
this section, an individual who has been found guilty of an offense may be
fined not more than the greatest of -
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $250,000;
(4) for a misdemeanor resulting in death not more than $250,000;
(5) for a Class A misdemeanor that does not result in death, not
more than $100,000;
(6) for a Class B or C misdemeanor that does not result in death,
not more than $5,000; or
(7) for an infraction, not more than $5,000.
- - - - - - - - -
(c) Fines for organizations. Except as provided in subsection (e) of this
section, an organization that has been found guilty of an offense may be
fined not more than the greatest of -
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $500,000;
(4) for a misdemeanor resulting in death, not more than $500,000;
(5) for a Class A misdemeanor that does not result in death, not
more than $200,000;
(6) for a Class B or C misdemeanor that does not result in death,
not more than $10,000; or
(7) for an infraction, not more than $10,000.
(d) Alternative fines based on gain or loss. If any person derives
pecuniary gain from the offense, or if the offense results in pecuniary
loss to a person other than the defendant, the defendant may be fined not
more than the greater of twice the gross gain or twice the gross loss,
unless imposition of a fine under this subsection would unduly complicate
or prolong the sentencing process.
(e) Special rule for lower fine specified in substantive provisions. If a
law setting forth an offense specifies no fine or a fine that is lower than
the fine otherwise applicable under this section and such law, by specific
reference, exempts the offense from the applicability of the fine otherwise
applicable under this section, the defendant may not be fined more than the
amount specified in the law setting forth the offense."
* * * * * *
Comment: Note that under ordinary law, sub-paragraph (d) allows a fine to
be doubled, as in a case of fraud, swindle, or larceny such as those often
used by confidence artists and unethical businesses via shady dealings.
Also note that organizations also pay twice as much in fines resulting in a
maximum fine of up to four times the illegal profit! However, the amount
and imposition of fines are contingent on individual personal or business
finances of the defendant.
Fines that are not suspended by the court constitute a lien until paid in
full. Though the lawbreaker (or business) can't pay the full amount of the
fine, it hangs over their head like any other debt and must be paid sooner
or later. Bankruptcy laws do not include relief for fines based on criminal
violations. Significant assets that are later obtained by a lawbreaker may
be seized and sold to satisfy the debt.
When prosecutions are under RICO laws, triple damages are possible. If you
have a choice, RICO laws are best for prosecution to get maximum awards by
the court. Prosecutions are easier under civil lawsuits than under criminal
charges. If you decide to do the actual prosecution (which is possible) you
can be awarded 50% of the total fines and forfeitures. In addition, you can
also be paid for your investigative and related costs, plus legal fees to
your lawyer who acts as your assistant to prosecute offenders.
State Forfeiture Laws
State laws are organized differently from Federal laws. That is, rewards
for forfeitures (if any) are often found in separate laws that deal only
with forfeitures. For example, Arizona's forfeiture law, 13-4315, has a
provision that says "Payment of awards for information or assistance
leading to a civil or criminal proceeding may be made under this Title."
Awards (rewards) are authorized in any civil or criminal case, including
Arizona's RICO law and any other law where and when forfeitures are
imposed. When no reward dollar amount or percentage is specified it's
purposely left negotiable. Always negotiate for 50% of all fines and
forfeitures. That's the usual amount paid under various Federal laws.
Conclusion
In most criminal statutes the law provides for forfeiture of assets used or
instrumental in the crime to prevent the crime from being easily repeated.
Most readers know that customs laws and "zero tolerance" drug laws allow
forfeiture of contraband items. If drugs are found, the law permits the
seizure of vehicles, boats and airplanes if the vehicles were used to
assist or commit the criminal act.
No matter what the crime is, it can include fines. If the lawbreaker has
the money to pay a fine, fines are imposed. Forfeiture is usually imposed
on money used as working capital, money found in a drug bust, businesses,
tools, guns, vehicles, etc. when the items are used in the execution of the
crime. Any significant asset proven to be the fruits of criminal activity
may be seized. CrimeFighters can get 50% of the value of same!
Which law you should use to prosecute a lawbreaker depends on an analysis
of state vs Federal laws. Determine which authority pays the maximum
amount, or has the best advantages, all things considered. That's what
State prosecutors do. In any event, USCS 3059 and 886 still apply no matter
if you use state or Federal RICO laws.
State laws are too numerous to try to fit into this book (and you'd only be
interested in 1/50th of them). Instead, I'll recommend that you familiarize
yourself with your state laws. They will be found in almost every public
library or in local law libraries. (Chapter 20 includes some state laws
that provide for suitable payment of rewards comparable to Federal laws.)
Keep in mind that rewards (or awards) may be contained in a separate law.
Look in the index for Rewards, Fines, Forfeitures, and Informants. As in
Arizona law, they may not be specifically mentioned within the criminal
statute itself. Criminal statutes may deal only with the definitions of the
crime and assigns specific classes of felonies and misdemeanors, as
appropriate, depending on the severity of the violation. Fines,
forfeitures, and jail sentences are contained in other sections which are
cross-referenced to the class of the felony or misdemeanor.
F9 for next Chapter
Do-It-Yourself Lawsuits
Legal tools for Crimefighters are:
(1) Personal damage lawsuits, (2) Qui Tam law, and (3) RICO law.
Qui Tam law (pronounced "kee tam") is is mentioned briefly in this chapter,
and thoroughly explained in the next Chapter.
RICO is the special law for Racketeer Influenced Corrupt Organizations. It
is explained in detail in Chapter 8. Many other reward laws are in the rest
of this book. All of them are important, but personal damage civil suits
may be the most important legal tool for CrimeFighters.
This chapter concentrates on how CrimeFighters can obtain lawsuit awards in
lieu of or in addition to state or federal rewards.
Lawsuits are a viable remedy for victims of crime who were not compensated
for their injuries (physical, mental or monetary). This applies to police,
security guards and social workers who are physically assaulted by those
they try to help or arrest. It applies to anyone who may want to sue law-
breakers for personal damages caused by the lawbreaker's contribution to
their neighborhood crime rate and the adverse effects criminal activity
has on their basic freedoms of life, liberty, and the pursuit of happiness.
The reasons for entertaining such a wild idea are:
(1) Almost all rewards are based on felonies. But, prosecutors routinely
downgrade felony charges to misdemeanors for first offenders. That scuttles
payment of pending rewards. Or the only charge is a misdemeanor (drunk
driving and using soft drugs, for example) and few rewards are available.
(2) There are seldom rewards paid for information on misdemeanors. Even
when they're paid, it's usually a token amount of $100. That's hardly worth
the effort to collect nor adequate compensation when many hours and dollars
are spent to gather the required evidence.
(3) Many felony prosecutions fail to obtain convictions because of errors
and omissions of law enforcement officers, incompetent prosecutors, or
technicalities. And, most rewards aren't paid when there's no conviction.
(4) Many criminal prosecutions are unsatisfactory to victims of crime.
When the justice system fails to deliver proper punishment to lawbreakers
because of plea bargaining, dismissal of charges, ineptitude of prosecutors
and/or police, or the lack of the state's financial resources to prosecute,
victims feel frustrated, cheated and betrayed. Victims can (and should) sue
lawbreakers for monetary compensation as an alternate form of punishment.
When defendants get off the hook on felony charges because of foul-ups or
technicalities, it may make the jury eager to punish the defendant as much
as possible via civil suits -- with maximum awards to obtain "justice."
(5) Police, security guards, and social workers are often verbally and
physically assaulted by those they try to help, or arrest. Until now, such
abuse was considered as an occupational hazard and endured. But, they can
initiate civil suits too, and sue for personal damages in their own name.
(6) Criminal activity in some areas makes it unsafe to go for leisurely
walks -- especially at night. Any criminal activity, drunk drivers, drug
users buying drugs from dealers in their neighborhood, or hookers plying
their trade on street corners, all deprive honest citizens their basic
freedoms: the right to enjoy life, liberty, and the pursuit of happiness.
Anyone living in such a neighborhood are entitled by law to sue the guilty
persons for an award as compensation for the deprivation of their basic
freedoms, plus punitive damages, and their related legal costs.
(7) Criminal activity increases the cost of living. Burglary and related
insurance costs are passed on to consumers of products and services. And,
taxes are increased to pay the cost of extra police and the ever expanding
judicial and penal systems. Lawsuits against convicted criminals you catch
and prosecute help you recover these crime-related cost of living.
(8) Lawsuits provide CrimeFighters with leverage to obtain information on
criminal activity. If the defendant has insider information about criminal
activity, the information can be traded for an appropriate amount to offset
all or part of the civil suit award. In effect, CrimeFighters can buy the
information with the lawbreakers' own money!
CrimeFighters' Personal Damage Lawsuits
Only one criminal suit is possible for a specific crime to prevent anyone
from being tried twice for the same criminal offense (double jeopardy).
However, lawbreakers can be be charged with a criminal offense and at the
same time be sued via a civil suit -- for the same criminal act! Civil
suits are remedial while criminal suits are punitive. A civil suit does not
bar a criminal suit or vice versa. This chapters explains how you can use
criminal and civil suits at the same time to obtain a unique advantage.
A conviction or guilty plea is conclusive proof you need to sue lawbreakers
for personal damages in a lawsuit.
Said personal damages are "a serious loss of your civil rights because
of the defendant's criminal activity and the resultant detrimental effect
on your basic rights to life, liberty and the pursuit of happiness."
Your lawsuits ask that convicted lawbreakers pay you an appropriate amount
for their proportionate share of personal damages they have inflicted upon
you by their negligent criminal activity in your neighborhood. The amount
of the lawsuit award depends mainly on what defendants can afford to pay.
Lawsuits aren't practical if defendants have no personal assets. But not
all lawbreakers are penniless or paupers. When they have sufficient assets,
or steady jobs, they can be sued by victims for suitable compensation.
The main reason personal damage lawsuits for misdemeanors are seldom used
by citizens is because legal costs of many thousands of dollars are usually
far more than most lawbreakers can afford to pay.
The high cost of legal fees often make it impractical to sue for small
amounts from the working class. Until now, $500 and $1,000 lawsuits against
people without assets were impractical.
The first step to solving this problem is to eliminate lawyers' fees by
doing it yourself. (A do-it-yourself litigation kit is available. More
information on the kit at the end of this chapter.)
The next step is to make the lawsuit demand reasonable, in line with
the offense and ability to pay. Eliminating the high cost of legal fees
can reduce a simple lawsuit demand to a few hundred or a thousand dollars
or so. That's what most the majority of defendants can afford to pay.
Suing lawbreakers for modest amounts is a lot easier than you might think
because virtually none of them will go to trial. CrimeFighter lawsuits will
almost always be settled out of court or awarded by summary judgment!
Civil Remedies May be Better than Criminal Charges
Civil remedies such as personal damage or class action lawsuits can be more
effective against affluent lawbreakers than criminal suits because there is
no legally defined limit on the dollar amount of the "fine", and the cost
of prosecution (the lawsuit) is paid by the defendant who loses the suit.
While no jail time can be levied in a civil suit, the fine (award) can be
as much as possible to remove accumulated profits from illegal activities.
Fines are often used as punishment, but many laws are woefully out of date.
Prostitution is an example where the fines are relatively small and easily
affordable. Fines are not on par with the actual cost of investigation and
prosecution. Hookers consider such fines like salesmen consider parking
tickets -- as part of the cost of doing business. Perhaps that's why many
such violations are often ignored by police: it takes too much time, gets
very little money in return, and has virtually no deterrent value.
Insufficient Evidence May be Sufficient
Example: A pimp may have a few women working for him. Snaring the hookers
may be easy, but getting enough evidence against the pimp for criminal
conviction may be difficult. If you can connect the pimp to a hooker with a
preponderence of evidence, the pimp could be sued for personal damages and
criminal negligence: contributing to the crime rate in your community. The
award sought could be for (say) $100,000. While no jail time or criminal
convictions are given to the pimp, the $100,000 lawsuit award will cause
far more distress and pain and suffering than a few months in jail.
The preponderence of evidence: The pimp owns a $50,000 automobile, flashes
large rolls of money and wears a lot of gold jewelry. He appears to be very
rich, but it's known he hasn't worked at a regular job for years. He has
been seen consorting with one or more currently unemployed women (who are
convicted prostitutes). The CrimeFighter takes photographs or videotapes
showing the women in their usual provocative and skimpy attire (hooker's
uniform) talking to the accused on numerous occasions within a week or so,
indicating a close relationship.
Proving his innocence, where he got the money to support his lavish life
style, is almost impossible for most criminals. Thus he has no defense.
Most of it is purely circumstantial evidence leading to a conclusion of
guilt. That evidence wouldn't stand up in a criminal proceeding but may be
more than enough for two-thirds of civil suit jurors who would probably
agree the pimp is guilty as accused. A court award (paid to the Crime-
Fighter instead of the court) is similar to a fine, but can be much larger,
to take away the accumulated profit from the criminal activity.
Same thing for drug dealers who are unemployed but own expensive homes,
automobiles, and boats. If they can't prove where the money comes from to
support their lavish lifestyles and possessions, they have little or no
defense. All you need is documented proof of ownership of the assets as
well as proof of little or no other income. Add a few photographs or
videotapes to support your allegations of criminal activity. That may not
be enough for a grand jury, but may be sufficient for a civil suit.
The above example can be applied to many other known lawbreakers police
can't arrest because of a lack of conclusive evidence. Police don't use
civil suits because that's not how the game of cops and robbers is played.
But, lawsuits can be used by CrimeFighters as a viable means of prosecution
of known but unproven lawbreakers. Civil suits are easier to win, and you
don't have to be a cop or make arrests. The Rules of Discovery in civil
suits let you dig for information that may lead to an arrest for other
crimes. Civil liberty restraints that tie the hands of police do not apply
to citizen arrests or civil suits. Crime-Fighters can take action when
police can't. That's Justice, CrimeFighter style.
(News item: Olympia Washington, Oct 16, 1992.
"Law enforcement authorities can continue seizing homes of drug-trade
suspects even though they haven't been tried in court, the State Supreme
Court ruled. The court seizures amount to a civil action independent of any
pending criminal actions.")
Civil Suits vs Criminal Law
Civil suits are easier than criminal suits to obtain convictions by a
preponderance of evidence -- meaning the side with the best argument or
evidence wins. It may include circumstantial evidence, and hearsay evidence
is sometimes allowed. In criminal suits, the evidence must prove beyond a
reasonable doubt and there must be a guilty verdict from all 12 jurors. By
comparison, civil suits require only that a majority of the jury (usually
two-thirds) find the defendant liable. Prosecutors of civil suits don't
have to show absolute proof of "guilt" as they must in criminal cases. In
civil suits, the burden of proof of innocence is on the defendant!
The person or property owner's assumed innocence of the actual crime is
generally not a defense. The person or property has the burden of proving
their innocence. This makes it more difficult for defendants, and much
easier for prosecutors.
CrimeFighters' Strategy
While you have to be a lawyer to represent other parties, when you are the
plaintiff (or defendant) you have the right to represent yourself. Injured
parties (CrimeFighters) can sue lawbreakers, without a lawyer, when they
have the legal standing. The legal standing is met when you claim personal
damages were inflicted on you by the (alleged or proven) criminal activity
of the defendant in the suit.
Negotiation, not plea bargaining, is used in civil suits. The names are
different but the procedure and goals are the same: a trade for mutual
benefit. If CrimeFighters can't get money from defendants, get information.
In some cases, information of criminal activity may be more valuable than
a $1,000 cash award. Sometimes you can get both!
You can usually get paid at least $500 for misdemeanors and up to $5,000
for felony violations. You will settle the suit out of court 99.9% of the
time. When you can't get all the money (or only a small fraction of what
you ask) you can offer to settle the suit if they provide information on
past or pending criminal activity.
If that sounds like the tactics used by police in coercing drug users to
get information on drug dealers, it is. And, it works.
The big payoff comes when you sue the big players, the pushers who are
connected to the misdemeanor (or felony) violation. You need to build a
case against them. The sworn statements from the little fish you catch help
you build the case against the sharks with deep pockets and insurance, or
against drug dealers with visible and tangible assets. Then the lawsuit can
be for a hundred thousands of dollars, or more.
You can also charge for your undercover investigation work as part of the
legal costs to prosecute the case. If the case involves little personal
risk of bodily harm, you can charge lawbreakers the going rate for private
investigators, about $60 to $75 per hour. If it involves dangerous work,
with a greater risk of injury or death, you would be justified in charging
$150+ an hour for your time.
Drunk Drivers and Drug Users
Primary targets for CrimeFighters are drunk drivers, drug users, and drug
dealers, mainly because they are in abundance everywhere. While not all of
them are found in bars, a considerable number are. Bars are known to be
favorite businesses for career criminals to launder their dirty money. Bars
are favorite meeting places to plan or conduct illegal transactions, dope
dealing, prostitution and fencing stolen property. And, CrimeFighters can
frequent such places to make contacts. So, that's where the search begins.
But, you can't just walk up to people in bars and demand answers to your
questions about illegal activity. You need leverage. That's why you go
after drunk drivers leaving bars and favorite hangouts of criminals. You
report them to police to make the DUI arrests. When they're convicted, you
sue them for personal damages. Then you lean on them, offering to dismiss
your lawsuit for $200 (your out-of-pocket costs) if they provide informa-
tion on criminal activity. Either they pay you for your time controlling
DUI drivers, or you trade their money for information on criminal activity.
That's the game plan.
(The Drunk Driver Terminator Patrol is in Chapter 9. The war on drug
dealers is detailed in chapter 10.)
Five hundred to a thousand dollars (whatever the defendant can afford) may
be a small sum for a lawsuit, but may be a sufficient reward for a Crime-
Fighter for each drunk driver or drug user he snares in his net.
The small amount is to encourage early lawsuit settlement for convicted
drunk drivers whereby you ask for the costs of your investigation. You
aren't trying to bankrupt the person who has already been punished via
traffic court. All ask is to be paid for your time, and/or get leads.
While the surveillance time might be just a few hours, you can include the
time to prepare and file the legal papers, and the time involved in the
Discovery process - if it goes that far. It should be easy to accumulate
about 10 hours or so which can be billed at $50 to $75 an hour.
The easy settlements can provide you with a bread-and-butter income. That
is, if you consider $130,000 a year in that category. (If you average $500
per drunk driver or drug user, and snare at least one every eight hour
shift, and work five shifts a week, that's about what it comes to.) But it
doesn't include the big-dollar awards from negligent bar owners and others
with deep pockets. That could be an extra $130,000 a year.
Besides the drunk driver income and getting leads on criminal activity,
your secondary goal is to get at the bar owners who serve drinks to people
who are obviously drunk. OR to find and prosecute bar owners and managers
who encourage, condone, or are participating in illegal activities such as
prostitution, drug dealing or fencing stolen property. To get negligent bar
owners, convicted drunk drivers have to be "encouraged" to help you build a
case against them on criminal charges or a violation of liquor laws. $1,000
lawsuits against drunk drivers and drug users are effective leverage you
can use to get that information.
The Rules of Discovery
Unlike criminal suits, where the accused can plead the Fifth Amendment and
refuse to provide witness against himself, civil suits require defendants
to provide free and easy access to all relevant records, and to answer all
questions asked on interrogatories (questionnaires) or by depositions
(sworn statements).
The concept of Discovery is an acknowledged invasion of privacy sanctioned
by the courts. That's a strong reason most litigants prefer to settle the
suit even if they believe they could win. Most people have secrets of one
kind or another that they'd rather not be forced to disclose (or might) by
an indirect line of questioning, or by an audit of their financial records.
When in court, the same questions might be asked and the answers extracted
under oath. Any lies made in the discovery process or in court, and later
brought to light, will result in a felony charge of perjury.
If it's proven the defendant lied, or failed to disclose information that
was requested via the Rules of Discovery, he usually loses the lawsuit.
The rules of Discovery provide a legalized fishing expedition for lawyers
(and Crimefighters) to back up initial charges or find new evidence that
could be even more damaging to the defendant. (Disgruntled employees may
provide information on criminal activity such as fencing stolen property,
drug dealing or money laundering). Lawyers often use Discovery and the
taking of numerous and lengthy Depositions to intimidate defendants and
encourage easy settlements.
If the person being sued resents the intrusion of privacy, and fails to
attend scheduled meetings, the court can levy a fine as well as assume
their liability (or guilt) and award the lawsuit dollar amount.
In a lawsuit over a slip-and-fall case in a Walmart store, Sam Walton was
ordered to attend a deposition hearing. Evidently Sam thought his time was
too valuable to waste on a small-scale lawsuit for just $36,000. The court
was irked that anyone, no matter how big they are, can ignore the court's
orders with impunity. The court ordered Walmart to pay the award of $36,000
plus a fine (for contempt of court, presumably) of $11,550,000!
Fighting a lawsuit can cost thousands of dollars. Most are settled out of
court. In the case of a drunk driver who can afford it, you can settle for
$500 to $2,500, depending on your time, expenses, and what they can afford.
That's for EACH drunk driver or drug user.
A lawyer trick mentioned in "The Litigation Explosion", (a book by Walter
K. Olson, and recommended for CrimeFighters) is an incorrect filing of
papers will cause the paperwork to be returned to you by the court clerk
for correction. In such an event, the defendant will have received a copy
and the notice of your suit. They will realize you can correct the filing
mistake and get it back on the court calendar. At that point, they may want
to negotiate it outside of the court's supervision. They won't want it to
go to court, be under the spotlight, and get bad publicity. (Business and
liquor licenses may be jeopardized by the adverse publicity.)
Out-of-Court Settlements
Crimefighter civil suits against convicted drunk drivers and drug users
(and others) will hardly ever go to trial when evidence of wrongdoing has
already been established. Virtually all of them will be settled out of
court because they have no valid defense: they've either pled guilty or
were convicted of a violation of law. When a convicted lawbreaker doesn't
want to settle out of court, summary judgment may be used to bypass the
trial. That's possible when evidence of liability (guilt) is available.
Summary Judgments
Summary judgment is granted when the evidence shows conclusive proof of
liability which cannot be disputed by the defendant. A guilty plea or
conviction by a jury trial in criminal court is proof of liability. It's
a fact criminal activity seriously erodes the quality of life and puts
fear of personal and financial harm in the hearts and minds of all honest
citizens. Both are indisputable facts. Together, they satisfy the Court's
requirement of conclusive proof to obtain a summary judgment.
All the Court has to decide is whether the amount you ask for damages is
reasonable. If you ask for a reasonable amount, there should be no problem.
That's why virtually 99% of them will be either settled out of court in the
early stages, or awarded by a summary judgment after conviction.
Here's what the Court's have said in regards to summary judgment:
"Summary judgment is a disposition which effectively removes the contro-
versy from the province of the trier of fact, and resolves it as a matter
of law. It should not be awarded, accordingly, unless a review of the
record satisfies the Court "there is no genuine issue as to any material
fact and that the moving party is entitled to judgment as a matter of law.
If the Court's review of "the pleadings, depositions, answers to interrog-
atories, and admissions on file, together with the affidavits" show the
absence of any factual issues to be resolved at trial, summary judgment
should be granted to the party entitled to prevail."
Negligent Entrustment
In a litigation case, mentioned in "The Litigation Explosion," a 92-year-
old widow almost lost her house after lawyers won a $950,000 jury verdict.
Mrs. Wilson's offense was that she had negligently entrusted or loaned the
money to a nephew to buy a car. The car was loaned by the nephew (a marine)
to a buddy who had an accident.
Common sense and our concept of justice would say Mrs. Wilson had nothing
to do with the accident. Not so, said the lawyers. They claimed negligent
entrustment. Of course, the real reason the widow was targeted was simply
because the marines involved had insufficient assets to gain anything from
a lawsuit. The lawyers looked further and found Mrs. Wilson had insurance
as well as a house.
Mrs. Wilson lived in Texas and had never set foot in North Carolina, where
the accident occurred. That was no defense. No matter where you live or
where the accident (or wrong) takes place, you can be sued by other
parties you never met in states you've never personally visited as long as
it can be proven you are connected in any way. Mrs. Wilson's lawyers
appealed. The Federal Court of Appeals, in 1961, said she could be legally
forced to come into North Carolina to stand trial under the State's long
arm law.
While you and I may deplore the greed of lawyers in going after 92-year-old
widows, the case tells something of value to CrimeFighters:
No one is safe from the long arm of the law if they are connected in any
way, whether for profit or otherwise, and distance is no barrier.
Olson's book tells a few other examples how anyone, however remotely
connected, can be included in lawsuits. For drunk drivers you can include
in the suit any place or person who provided the alcohol (or drugs) plus
the manager of the business.
This allows you to include owners, investors and employees who may have
been or are involved in other criminal activity. Naming them in the same
lawsuit lets you use the Rules of Discovery to ask embarrassing questions
from them, or from employees, to obtain incriminating information. The
bigger the net, the more fish you catch, and the more leads you'll have.
If the business is owned by a corporation, officers and directors can be
sued for negligence. In closely held non-public corporations (with just a
few shareholders), shareholders could be charged with negligence by not
providing guidance to the directors. You can include the corporation that
owns the bar or rents a building to the bar. All of them are connected and
can be named in the one lawsuit. While they may be innocent by not directly
lifting the glass to a person's lips, their sharing in the profits in any
way provides a link and indirect connection to (possibly) RICO civil suits.
The charge of gross negligence, negligent entrustment, criminal negligence,
or plain negligence, may be sufficient.
When you find violators of misdemeanors and felonies who have been either
encouraged or facilitated by any person, group or business, the pushers,
profiteers, or instigators may be liable for damages, punitive fines, and
your costs of investigation to obtain evidence.
It's more effective when CrimeFighters make the big players and profiteers
pay huge fines (or awards). When lawsuits are hanging over their heads, it
will significantly reduce the incentive to be pushers for profit. Those
who have knowingly contributed to illegal and irresponsible behavior, and
profited immensely and got away with it, won't get away with it any more.
Qui Tam law - The Right To Be The Prosecutor
Qui Tam law is a reward law designed specifically for CrimeFighters 400
years ago! Old English Common Law (Qui Tam law) says that anyone who has a
financial interest in the outcome of any civil or criminal suit has the
right to be the prosecutor in the name of the king (government) as well as
himself. A pending reward for a CrimeFighter provides the legal standing
necessary to assume the role of state or federal prosecutor.
(In case you wondered, Qui Tam law is alive and well in America, and has
been upheld by the Supreme Court. Details are in the next chapter.)
Asserting your legal right to be prosecutor provides a unique advantage for
CrimeFighters: If, during a civil suit you uncover information on criminal
activity, you may have sufficient evidence for an arrest. As prosecutor,
you have legal leverage to use plea bargaining to lesser charges for an
out-of-court settlement of your civil suit.
Converting Fines to Awards
As prosecutors, CrimeFighters can allow plea bargaining to lesser charges
the same as, and for the same reasons, regular prosecutors allow and
encourage it. But lesser charges might reduce or cancel pending federal
rewards. To offset the loss of pending federal rewards, CrimeFighters'
lawsuits can be used to transfer pending fines to lawsuit awards. The end
result is the same for defendants and the judicial system. But, in this
case, the fines (converted to lawsuit awards) are based on the original
charges and accumulated profits of illegal activity, not the plea-bargained
lesser charges and small fines. That's more appropriate for CrimeFighters
as well as to properly punish lawbreakers.
Normally, when an informant provides the information leading to an arrest
and conviction, the tipster gets paid half the fines and forfeitures. The
other half is paid to the law enforcement agency who makes the arrest and
does the prosecution to compensate them for their time and costs. If the
Crimefighter makes the arrest and does the prosecution, he should collect
all of it. By shifting the fine to a lawsuit award, he accomplishes that
goal, and lawbreakers are properly punished.
If the defendant pleads not guilty and wants a jury trial, you can mention
that judges are prone to punish suspects for causing the extra time and
legal costs of a jury trial. State and federal prosecutors, and judges, use
this threat to get a quick conviction to save court time. (More information
on prosecutors and plea bargaining is in Chapter 26.)
You can offer deals which provide you with maximum awards in exchange for
lighter sentences. The public benefits with this arrangement. Payment of
the reward/award doesn't come from taxpayers. The lawbreaker is punished by
losing the profits from illegal activity and taxpayers won't have to pay
$25,000 a year for the felon's room and board in already overcrowded jails.
Crimefighters' Advantages Summarized
(1) When you obtain information on alleged (or known) criminal activity,
you can initiate a lawsuit to use the Rules of Discovery to compel suspects
to provide you with additional information, and to compel witnesses to make
statements under oath (depositions). When the suspect is worried you might
uncover incriminating evidence, he will want to settle the suit out of
court to get you off his back. But, while your lawsuit may be settled, it
doesn't mean you have to forget it. You can then pass on the information to
the FBI and negotiate for a reward for the information you have obtained.
When you have sufficient evidence of criminal violations, you can:
(2) Lay charges and possibly make the arrest yourself, or ask for police
assistance. When you make the arrest or provide information leading to
the arrest, you are eligible for rewards plus Qui Tam to be the prosecutor.
Take charge and maintain control of the prosecution.
(3) Use RICO laws for prosecution, plus any others that may be applicable.
Use pending criminal charges as leverage for settling civil suit awards.
(4) Plea bargaining may reduce original charges to a misdemeanor. When the
suspect has sufficient assets, your personal damage lawsuit will pay a
comparable reward via lawsuit awards.
(5) In addition to a RICO criminal suit, also initiate a RICO civil suit.
RICO civil suits pays 50% of fines and forfeitures to the person providing
information leading to such fines and forfeitures, with no limit on the
amount. Forfeitures include bail money if the suspect skips bail and
becomes a fugitive. You get 50% of all of the fines and forfeitures.
(6) Also initiate a CrimeFighter personal damage lawsuit to transfer as
much money as possible from the RICO civil suit to your personal damage
lawsuit. The lawsuit award to include the costs of your investigation and
related expenses. This you keep 100%.
(a) If the lawbreaker settles you personal lawsuit out of court, you get
paid immediately or within a short period of time. Since a lawsuit award
is not a reward, you are still eligible for federal rewards.
(b) If no out-of-court settlement is reached, the lawsuit can be held in
abeyance. A later guilty plea (even to lesser charges) or jury conviction
of criminal charges related to your civil suit, provides proof of personal
damages. You can then apply for summary judgment to be awarded the sum of
money or physical assets asked for in your CrimeFighter lawsuit.
(7) If any law enforcement agency wants to take over the prosecution to get
credit for it as well as get 50% of the fines and forfeitures, you can
negotiate a suitable reward to compensate you for your time and risk.
(8) If the defendant doesn't show up at scheduled meetings to contest the
civil suit, he could, by default, lose the lawsuit.
(9) If the suspect shows up to defend the civil suit, he may be arrested
and thrown in jail and tried on the criminal charges. While he may be
released on bail, as prosecutor you can ask for a high bail amount. If he
skips bail, you get half of the forfeited bail money via RICO lawsuits.
(10) When defendants don't have the ability to pay fines (as awards) the
lawbreakers can be turned over to the FBI for prosecution. Apply for $500
federal rewards under 3059 (and 886 when drugs are involved) for a total
of $1,000 each, per person.
When you have sufficient evidence, you win no matter which way it goes.
Collecting the Money
When a fine can't be paid in cash, or financed in one way or another, any
assets defendants own - cars, homes, businesses - can be seized and sold to
satisfy the outstanding debt. (Bankruptcy laws do not allow criminal-
related fines to be discharged via bankruptcy proceedings.)
Settlement of lawsuits can be more flexible than fines. Monthly payments
can be arranged if the defendant has a job or business. The interest rate
on time payments can be at 2% per month to encourage fast payment. If the
defendant has credit cards and credit available, he will be encouraged to
get a cash advance at lower interest rates and pay off the lawsuit award.
After many months of being an active Crimefighter, you may wind up with
$100,000 or more on your Crimefighter's Accounts Receivable. At 2% per
month, the monthly interest alone would be $2,000, or about $25,000 a year.
Even if, in some cases, the debt is recognized as uncollectible from
debtors, it gives you a valid reason to visit them, and apply pressure,
to provide you with crime-related information instead of cash payments.
You may be able to recruit a few dozen or a hundred or more people who
can be coaxed into being bird dogs for you to locate and report criminal
activity. Payment being a suitable reduction of the outstanding balance.
And, in some cases, some of your bird dogs may be converted to full-time
confidential informants for cash payments that are twice as much as they
could get paid by Crime Stoppers or We-Tip.
Filling in Lawsuit Forms
Filling in Crimefighter's customized litigation forms with names, addresses
and other information you have at hand, is like filling out a credit
application. In this case, each application is worth about $1,000. But,
unlike credit card applications, you can make out as many as you like.
The number of criminals and CrimeFighter lawsuits are virtually unlimited!
It's been said that 70% of suits are settled out of court. That includes
many suits without merit. You can raise that to 99% if you have sufficient
evidence. You won't have to know much beyond how to file the papers (or
misfile them) to initiate a lawsuit. A little clerical work to fill in the
forms, and some leg work to walk the papers to the filing clerk, plus a
filing fee, is all that's required. With a little instruction and pretyped,
fill-in-the-blank forms, anyone can do it.
If the award sought is a very large amount, the defendant may choose to
fight it in court. In that event, you can easily sub-contract your case to
a lawyer on a fee-splitting arrangement. Most litigation lawyers do this
routinely ("sharing the work"). If you have sufficient evidence, lawyers
will be eager to take the case. The deal would be that your lawyer will pay
you your investigation costs (which will be also significantly increased)
from his legal fees and out-of-pocket expenses awarded to him by the court.
What if you lose the suit? "The Litigation Explosion" explains that costs
are usually awarded to the successful prosecutor because it's in the best
interests of justice to do so. However, the defendant's legal costs are not
charged to the plaintiff if the plaintiff loses the lawsuit. That too, is
to encourage civil suits to obtain justice. If you are the plaintiff, and
your lawyer takes the case on a contingency basis, and you lose, all you
lose is your time, plus out-of-pocket expenses of both sides (about $250).
The defendant has to pay for his own legal defense win or lose. That's a
lopsided deal, and may be unfair, but that's American justice.
In Canada and other English-based countries, if you lose, you are required
to pay the defendant's legal costs.
But, if the lawbreaker has been convicted, or pled guilty in the criminal
action, there is no valid defense of their liability! A lawbreaker's
lawyer will recognize that too, and recommend an early settlement.
Do-it-Yourself Litigation Kits
The most important thing when you use do-it-yourself litigation kits is,
lawsuits of relatively small amounts become possible and practical. That
alone may open the door for you to sue dozens to hundreds of lawbreakers,
and scumbags who do you dirty in one way or another during your lifetime.
All it takes about ten minutes to fill in the blank spaces of standard,
pre-printed forms. And all it costs is about $150 (in Yuma, AZ) to file the
papers with the county clerk. You can easily do it yourself. In this
situation, $750 to $1,500 lawsuits are affordable, and may be better than
nothing! (If you win, you usually are awarded costs, which includes the
filing fees, your investigation time, and related out-of-pocket expenses.
A $750 award, plus costs, would pay you about $1,250.)
If the most you can lose (by not collecting) is less than $200, you can
afford to sue lawbreakers for small amounts of $1,000 to $5,000. But, of
course, you aren't limited to small amounts. The limitation is only on what
defendants can afford to pay. If they have liability insurance, the ceiling
is much, much higher -- often in the hundreds of thousands of dollars.
All CrimeFighters need is a Litigation Kit to join in the fun and games
lawyer's play. Then, if the State or Federal prosecutor elbows you out of a
felony case (somehow) and you obtain no satisfactory compensation, you can
use the courts via civil suits to extract compensation from lawbreakers.
CrimeFighters' Litigation Kit
I asked a local lawyer how much he would charge for a customized, sample
set of fill-in-the-blank forms, plus instructions, required to initiate a
CrimeFighter lawsuit and a RICO civil suit. Included would be a few sample
interrogatory forms, request for subpoenas, deposition forms, etc. His
quote was "around $5,000 or so, depending on how long it takes."
Not having that much loose change in my jeans, I decided to forego having
a lawyer prepare the forms. I had planned to copy them and make them avail-
able to CrimeFighters. But, there's another way it can be done: by sharing
the costs among a few hundred CrimeFighters. That way, preparation costs
are shared by many instead of borne by yours truly.
If you'd like to participate in funding the legal costs to prepare all the
forms for civil litigation, customized for CrimeFighters' use as outlined
in this chapter, here's my proposition:
Prepay $20 towards a "CrimeFighter Litigation Kit." When I have enough
money to pay the lawyer, I'll have him prepare the documents. When they are
delivered to me, I'll make copies and mail them to you.
The membership application form at the end of this book contains a check-
off box to indicate you are pre-paying $20 and are entitled to a copy
of the Crimefighters' Litigation Kit. I'll mail a copy to you when it's
ready. (Or your money back if there is insufficient financial support to
have it done.)
F9 for next chapter
Qui Tam Law
How to be the Prosecutor
Qui Tam are the first two words of the Latin phrase "qui tam prodomino rege
quam pro se ipso sequitur." A literal translation is: he who brings the
action for the King (Crown, or government) as well as himself.
This law originated four centuries ago when law enforcement was up to the
King of England and his appointed agents (Sheriffs). However, they had a
couple of problems. First, there weren't enough law enforcement officers to
go around. Laws were constantly being broken and the majority of violators
seldom punished.
Second, the King sometimes didn't favor certain laws passed by Parliament
as they sometimes interfered with his whims and pleasures or those of the
nobility. As a result, politics entered the scene of law enforcement: only
laws the King liked were enforced, and the laws the King didn't like
weren't enforced.
In desperation, early lawmakers sought ways and means to recruit a few
thousand volunteers to act as unofficial crime fighters to enlarge their
law enforcement staff.
To solve the first problem, they passed a law that said, with words to the
effect, "any citizen, who provides or gives evidence leading to conviction,
shall receive 50% of the fines collected."
To solve the second problem of politics and corrupt officials not properly
enforcing the law, they passed another law: Qui Tam law. Informants who had
financial interest in the fines and forfeitures automatically had the
legal standing to start prosecution "in the name of the King and himself"
when there was any delay or political reluctance to prosecute the offender.
The same problems apply to today's world: Not enough police (i.e. drug wars
and the rate of pollution everywhere). Politicians with their financial
sponsors often put their interests first and the public interest last. And,
sad to say, graft and corruption still exist at all levels of government.
Because Qui Tam is based on old English law, it's probably also valid in
Great Britain, Canada, Australia, and former British colonies. If you live
in any of these countries, look into it.
Broad Application
Qui Tam has been used in many environmental lawsuits where no criminal law
has been broken but a planned project threatens to spoil the ecology,
environment, water table, or poses a threat to those that live in the area.
In this situation, the rights of those involved may be in jeopardy. Rather
than wait until the damage has been done, Qui Tam law allows environmenta-
lists or others having an "interest" to take legal action via this law to
stop the development before it gets too far underway. Getting an injunction
to halt the project is the first step and puts the project in limbo until
the case goes to court.
Qui Tam law has been successfully used many times to prohibit certain
harmful development in wilderness areas. Such lawsuits allege that
development would create an intangible loss to the public who enjoy their
many benefits or may cause other harmful effects.
In recent years this law has been used mostly for pollution control and to
protect the environment via class action suits, but it isn't limited to
those issues. It's a stand-alone common law that can be used when you have
a financial interest, or other considerations, which provides the standing
requirement. Pending rewards, when you're eligible, provide legal standing.
Qui Tam law hasn't been used very often (lately) in criminal prosecutions
because regular law enforcement and prosecution have usually been adequate.
Now, it's being dusted off for modern-age CrimeFighters. Use Qui Tam to
control plea bargaining in prosecution to protect your financial interests.
Your reward is not the prosecutor's interest. He or she is concerned with
the number of cases pending prosecution, limited budgets and legal
resources to do the job, and the always-crowded court calendar. When it's
possible and practical, CrimeFighters should control plea bargaining. Take
charge of the case and you won't be disappointed in the outcome.
Case Law
In an historic case (United States vs Griswold, F Cas 15266 (1877) the
action involved false claims or fraudulent acts against the government. The
counsel for the defense objected on the grounds the informer wasn't a
district attorney and therefore had no standing to lay charges. He asked
that the case be dismissed on those grounds. The Court denied the
defendant's motion to dismiss the case because, as the court observed, Qui
Tam law provides an informer with the right to initiate an action against a
lawbreaker. The court said: "When, as in this case, a statute imposed a
penalty for the commission of an act, and also gave such penalty in part to
whomever would sue for it, and the remainder to the King or other public
use, the action to recover such penalty, if brought by a private person,
was brought in his own name and subject to his control. Although a judgment
obtained therein was for the benefit of the King or other public use as
well as the plaintiff, yet the action was, to all intents and purposes, the
private action of the latter."
The court also said: "For all purposes, except the discontinuance of the
action, the attorney employed by the informer to commence and conduct the
same is the attorney of the United States therein. Neither does the fact
that the district attorney is required to be diligent to enforce the
statute against persons violating it, make him the attorney of the United
States in that action... Whichever -- the informer or the district attorney
- first starts an action for a particular violation of the statute, thereby
excludes the other from so doing."
The court concluded: "Neither does the provision in section 771 of the
Revised Statutes which make it the duty of the "district attorney to
prosecute in his district... all civil actions in which the United States
are concerned," authorize or require him to act as an attorney for the
plaintiff in this (Qui Tam) action."
Section 5 of the Informers Act says U.S. Attorneys should be diligent in
inquiring into any violation of the provisions of this act... and they
prosecute all offenders. However, the Court ruled that a private citizen
could bring a Qui Tam action to enforce the act and the U.S. attorney could
not interfere with the action after it was started.
The rule of law is, and the practice has always been, a Qui Tam action is
the action of the person who brings it, and the government, although
concerned in the outcome of same, has no right to interfere with it, except
as provided by statute.
Validity and Precedents
The U.S. Supreme Court ruled in 1905: "Statutes providing for actions by a
common informer, who himself has no interest whatever in the controversy
other than that given by statute, have been in existence... in this country
since the foundation of our Government."
Still later, in 1943, the Supreme Court, in rejecting the views of the
third circuit court of appeals that informer actions, "have always been
regarded with disfavor," stated: "Qui Tam suits have been frequently
permitted legislative action..."
Conclusion: It is the legal right of a person (or corporation) to initiate
actions under Qui Tam law, providing the standing requirement is met for
the action. Although the wording in the law being violated may state that
U.S. attorneys should prosecute all offenders, it doesn't bar an individual
from hiring his own lawyer and bringing a Qui Tam action. And, once the
action is underway, the U.S. Attorney has no right to interfere with it or
take it away from the CrimeFighter.
American case law supports the proposition that a law providing for a
reward to informers is to be considered as authorizing the Qui Tam action.
You too, can be a Federal prosecutor!
Being the Prosecutor
When a guilty plea is given, there is no trial, only sentencing. The job of
the prosecutor at that point is mainly to recommend a suitable sentence
and to advise the court of any reasons for leniency or stiff sentences.
The judge doesn't have to accept the recommendations but usually takes it
into consideration. Most of the time it takes about 10 or 15 minutes per
case. Read the book "Rough Justice" (in CRIMCAT) to learn all about it.
If you're not sure you can handle it, hire a lawyer to process a few cases
for you until you learn court procedure and feel comfortable in your new
job. From then on, there's no need to have a lawyer involved (and costing
you) for each person who pleads guilty.
First, you have to be eligible for a reward. Title 18, Section 3059, the
catch-all reward law (any felony, any state) provides eligibility.
Second, the defendant must have sufficient financial resources, a steady
job, real estate equity or tangible assets to make a lawsuit worthwhile.
If the defendant has at least a steady job, voluntary monthly payments,
or wage garnishment enforced by the courts can make it worth the effort.
CrimeFighters are not usually lawyers and won't want to be involved in
lengthy, expensive, jury trials. The basic strategy is to avoid a trial.
All you need is a guilty plea. Ninety percent of the time the lawbreaker
will WANT to plea bargain to lesser charges. But, lesser charges would
jeopardize or minimize the pending federal reward. Happily, there's a
simple solution called plea bargaining.
The accused doesn't want to go to jail any more than you want to have a
jury trial. You make an offer: If the accused settles the civil suit out
of court, you can consider reduced charges on the criminal suit. That's a
win-win situation.
The previous chapter explains how you use your prosecutor position to allow
plea bargaining and, when possible, transfer possible fines and forfeiture
of assets to the Crimefighter's lawsuit. Said lawsuit being settled out of
court as part of the plea bargaining deal to pay an alternate form of a
federal reward via a lawsuit award.
If the lawbreaker was cooperative and you obtained a settlement of the
lawsuit. You can accept a guilty plea to reduced charges, just like regular
prosecutors do, and for the same reasons - to avoid jury trials. You may
ask for "probation without ajudication" for first time violators (no trial
or guilty verdict, just probation). Another recent innovation is "pretrial
diversion." This is where first offenders are placed in a rehabilitation
program, with their consent, immediately after arrest, and the prosecutor
agrees to drop all charges. The problem is, if there's no felony conviction
there is no federal reward eligibility. That's where your lawsuit comes in.
The lawbreaker will want you to go ahead with the criminal charges to get
it off his or her back. If you don't clear the criminal charges, the state
prosecutor may decide to take it over and ask for maximum jail time. That
makes you the "good cop" and the state prosecutor the "bad cop." That
gives you leverage for cooperation and settlement of your civil suit.
Doing It
When possible, contact the nearest FBI agent to negotiate rewards and let
them make the arrests. If there is no time to negotiate a reward with the
FBI agent and you are capable of making the arrest yourself, or with a
CrimeFighter partner, take the lawbreaker into custody and turn him/her
over to a law enforcement agency as soon as possible.
If necessary, call the local police department and ask for "back up" for
your citizen arrest (like Bounty Hunters do when re-arresting a bail bond
skip). But remember, it's important for you to get official credit for the
arrest when you can. The law enforcement agency who gets credit for the
arrest and handles the prosecution usually gets 50% of the fines and
forfeitures. The informant gets the other half, sometimes! It depends on
which law you use. That's why you need to control the prosecution! If it's
you, you have no problem. If it's not you, you may have a problem.
If a law enforcement agency helps you make the arrest, they may elbow you
out of the way, take credit for it and ask the court for 50% of fines and
forfeitures. That may cause you problems when you lay claim to 100% in your
lawsuit. But, if you beat them to the draw, by including all the known
assets in your civil suit before you make the arrest, you have first claim.
If you are the prosecutor you can usually negotiate an out of court settle-
ment of your civil suit before the criminal prosecution is completed!
If there is a negotiated reward, the agency authorizing payment of a reward
will most likely want to prosecute the case. Compare what you might get
from them against what you might get from the defendant in your lawsuit.
If the pending reward plus 50% of the fines and forfeitures is about the
same amount as your lawsuit, you could hand it over to the law enforcement
agency who provides the reward. The drawback is, rewards are contingent on
a conviction. There is a possibility of many delays because of appeals.
And, there's an uncertainty of full and speedy payment (even when it's in
writing!) You could be stonewalled when asking for payment, as Billy Breen
and many other informants have been. It may be better to prosecute the case
yourself and be paid an award via a civil suit that can be settled in a
week or so. Weigh your options before you disclose the details to the FBI.
As soon as possible after the arrest tell the regular district attorney
you are asserting your Qui Tam right to prosecute the case. Ask to be
put on record as the prosecuting attorney. If you're asked about your legal
qualifications, aside from Qui Tam law, you can mention that, if no guilty
plea is obtained and a trial is required, at that time you will either
hire a qualified lawyer to be your assistant to handle the legal work for
you, or you will turn the case over to the regular prosecutor.
If the D.A. ignores your legal right to be the prosecutor of your arrests,
initiate a lawsuit against the city, county or state for triple the amount
of your possible loss of rewards, fines and forfeitures, and civil suit
awards. If it's not settled out of court, hire a lawyer on a contingency
basis to take it to trial. (He gets 40%) Don't let anyone push you aside
because of their official position. You have the right to be prosecutor.
Plea bargaining between defense lawyers and prosecutors is usually a
friendly, informal negotiating procedure, often over a cup of coffee.
If you feel you can handle it on your own, you won't need to pay a lawyer
to supervise the plea bargaining. Since 90% of the time plea bargaining
will be requested, you can handle 90% of the cases. To minimize your costs,
you can arrange to meet the defendant or his lawyer at the lawyer's office,
nearby coffee shop, or in a (free) prosecutor's room in the courthouse.
When you have the opportunity to talk to the defendant in your prosecutor
role, you can explain who you are, what you want, and the reason for the
personal lawsuit. When he learns you are a bounty hunter, and in it mainly
for rewards and the lawsuit award, he will realize he can (maybe) negotiate
reduced charges by settling the civil suit and/or providing information on
other criminal activity. At that point, the negotiating process will be
under way. He may or may not want a lawyer to do the negotiating. If he
does, you deal with his lawyer instead.
Tell the defendant and/or his lawyer the monetary amount or assets listed
in the civil suit are to provide an alternate reward/award when (and if)
plea bargaining results in converting a felony to a misdemeanor. If that
happens, you lose the federal reward. The lawsuit is the means to divert
the pending federal rewards and your 50% share of fines and forfeitures of
the criminal suit into your civil suit. If there is no deal, the criminal
suit will be pressed for the original charges (and maximum penalty) to
qualify for the maximum reward, and you will ask for the same fines and
forfeitures in the criminal suit of which you get 50%.
The difference is, if there's no deal, you both lose. The defendant gets
prosecuted on original charges so you qualify your for the maximum reward.
You lose 50% of the fines and forfeitures. Negotiating an out of court
settlement, in exchange for a guilty plea to reduced charges is a win-win
situation for both parties.
If you're unsure of your ability to handle the plea bargaining part, and
if the defendant has sufficient assets to pay for it, hire a lawyer to
handle the first one or two cases. The lawyer's legal fees will be added
to your civil suit costs which the defendant will be required to pay when
he is either convicted or agrees to a guilty plea on lesser charges.
(If you belong to a CrimeFighter lodge there may be an ex-cop or lawyer who
will coach you or help you with the first one or two cases.)
When plea bargaining isn't successful, and there is sufficient assets to
make it worth while, ask your lawyer to take over the criminal prosecution
for you on a contingency basis. The arrangement: he will be paid from 30
to 50 percent of the rewards, fines and forfeitures you receive. The
percentage is negotiable. It depends on the complexity of the case, and
rewards, fines and forfeitures available.
(The many reasons for you to use your own lawyer instead of the regular
prosecutor is mentioned in detail in chapter 27.)
If the anticipated rewards, fines and forfeitures are minimal, your lawyer
won't be interested. In this situation, turn the prosecution over to the
state or federal prosecutor and apply for all possible rewards.
When there is a conviction or guilty plea, and the lawbreaker has enough
assets to make it worthwhile, apply for summary judgment of the pending
civil suit to collect your award as an alternate reward and to pay for the
investigation time and costs.
* * * * * *
Environmental Lawsuits
If the Qui Tam action is based on environmental issues, a better strategy
is to contact one of the many organizations who might be interested in the
action being prosecuted. In some instances they may do the prosecuting for
you because of their special interest in the matter. Environmental groups
have thousands of members and can raise large amounts to pay the sometime
huge costs of prosecution. Large corporations and municipalities can afford
to raise a million-dollar defense fund. In that case, you'll want and need
many good lawyers to match the big guns hired by the violator! If the case
drags on for years, it could cost more than CrimeFighters or their lawyers
could afford.
A CrimeFighter strategy would be to initiate a civil suit and lay criminal
charges (if applicable) to get them both on record in his name, to qualify
for rewards and 50% of the fines and forfeitures. Then, if the civil suit
can't be settled out of court, look for organizations who have their own
interest in the case. Ask them to provide either the funding or their own
lawyers to prosecute the case for you. When you win the suit, the court
will award your financial claims as well as "costs" to pay the lawyers.
Other Considerations
First, find out if the violator has the money or assets to pay the amount
asked for in your suit. A large award or fines can't and won't be imposed
against an almost bankrupt corporation or a person with few assets. That
means your award actually collected may be far less than the costs involved
and not worth pursuing.
The Rules of Discovery can be used to obtain financial information in great
detail, but only within the framework of a civil suit. Before you spend the
filing fees (about $150) try to find out how much the lawbreaker has in the
way of assets that can be seized to pay the sought for lawsuit amount.
Use a skip tracer, or learn how to be one yourself. Learn to uncover hidden
assets and sham transactions. The CrimeFighter Catalog (CRIMCAT) has a few
good books on skip tracing.
Many lawyers looking for work may consider working for you on a contingency
basis. When you win a civil suit the defendant is usually required to pay
your legal and investigative costs. Thus, the defendant indirectly provides
you with the money to pay your lawyer. An alternative is to ask your lawyer
to work for a percentage of your share of the award/reward or fines and
forfeitures if it's large enough for such an arrangement.
Limiting Your Liability
Using a corporation can limit a CrimeFighter's personal liability against
possible counter-lawsuits from cases that are not successfully prosecuted.
Courts recognize American corporations as "citizens" and corporations can
sue and be sued in their corporate name. The main reason corporations were
given legal status was to limit personal liability of shareholders to the
amount of money invested. With that idea in mind, it may be a good idea to
incorporate as a business entity before starting Qui Tam actions. Then, if
incorporated, sue in the corporation's name.
Crimefighters should consider incorporating their CrimeFighter business as
a separate business entity, like most private detectives do. Your corpor-
ation can "hire' and pay you as an employee. That can provide many tax
sheltering and payroll fringe benefits. It can also limit your personal
liability against possible lawsuits for CrimeFighter activity.
Incorporating costs are about $300 if you do it yourself with Kits that are
now available. ($29.95 Incorporation Kits are listed in CRIMCAT.) Consider
the cost of your corporation like insurance. Actually, it's much less than
liability insurance -- if a Crimefighter could buy such insurance -- and
the annual corporation registration fee is far less than annual premiums
for even minimal liability insurance.
F9 for next Chapter
Racketeering Influenced Corrupt Organizations (RICO) Law
Title 18 USCS 1961 et seq, Racketeering Influenced Corrupt Organization
(RICO) law covers just about all criminal acts that are profit-oriented and
are repetitious. ("Proof of a "pattern of racketeering activity" defined by
this law [Title 18: 1961 et seq] requires showing at least two separate
instances of "racketeering activity.")
When you can, use RICO for prosecution of lawbreakers. It has advantages
that other laws may not have, such as the very wide range of fines and
forfeitures possible, including confiscating the "fruits of criminal
activity" from those convicted of racketeering offenses.
"Racketeering" used to mean any business of related criminal activity
operated like a business, such as those often operated by the Mafia. It has
now been expanded by most state laws to include any felony violation that
involves money as the motive and the offenses are repetitious in nature.
Examples are: robbery, bribery, fraud (cons and scams), and other felonies
where victims lose their money or valuable possessions. The exception
being personal crimes not committed for profit: homicide, rape, auto theft
for joyriding, poaching, arson, and other crimes which do not by themselves
have financial gain as the primary motive. If there's a profit involved in
a felony, RICO laws (criminal and/or civil) can probably be used to take
all of the accumulated profit away from the lawbreaker. Your reward(s) are
a negotiated percentage of the fines and forfeitures.
The Law
Title 18 USCS 1962 (Racketeering)
"Prohibited Activities
(a) It shall be unlawful for any person who has received any income
derived, directly or indirectly, from a pattern of racketeering activity or
through collection of an unlawful debt in which such person has partici-
pated as a principal within the meaning of section 2, title 18, United
States Code (18 USCS Section 2), to use or invest, directly or indirectly,
any part of such income, or the proceeds of such income, in acquisition of
any interest in, or the establishment or operations of, any enterprise
which it engages in, or the activities of which affect, interstate or
foreign commerce. A purchase of securities on the open market for purposes
of investment, and without the intention of controlling or participating in
the control of the issuer, or of assisting another to do so, shall not be
unlawful under this subsection if the securities of the issuer held by the
purchaser, the members of his immediate family, and his other accomplices
in any pattern or racketeering activity or the collection of an unlawful
debt after such purchase do not amount in the aggregate to one percent of
the outstanding securities of any one class, and do not confer, either in
law or in fact, the power to elect one or more directors of the issuer.
(b) It shall be unlawful for any person through a pattern of racketeering
activity or through collection of unlawful debt to acquire or maintain,
directly or indirectly, any interest in or control of any enterprise which
is engaged in, or the activities of which may affect, interstate or foreign
commerce.
(c) It shall be unlawful for any person employed by or associated with any
enterprise engaged in, or the activities of which affect, interstate or
foreign commerce, to conduct or participate, directly or indirectly, in the
conduct of such enterprise's affairs through a pattern of racketeering
activity or collection of unlawful debt.
(d) It shall be unlawful for any person to conspire to violate any of the
provisions or subsections (a), (b), or (c) of this section."
Title 18 USCS 1963 Criminal Penalties
(a) Whoever violates any provision of section 1962 of this chapter (18 USCS
1962 et seq.) shall be fined not more than $25,000 or imprisoned not more
than 20 years, or both, and shall forfeit to the United States (1) any
interest he has acquired or maintained in violation of section 1962 and (2)
any interest in, security of, claim against, or property or contractual
right of any kind affording a source of influence over, any enterprise
which he has established, operated, controlled, conducted or participated
in the conduct of, in violation of section 1962.
(b) In any action brought by the United States under this section, the
district courts of the United States shall have jurisdiction to enter such
restraining orders or prohibitions, or to take such other actions,
including, but not limited to, the acceptance of satisfactory performance
bonds, in connection with any property or other interest subject to
forfeiture under this section, as it shall deem proper.
(c) Upon conviction of a person under this section, the court shall
authorize the Attorney General to seize all property or other interest
declared forfeited under this section upon such terms and conditions as the
court shall deem proper. If a property right or other interest is not
exercisable or transferable for value by the United States, it shall
expire, and shall not revert to the convicted person. All provisions of law
relating to the disposition of property, or the proceeds from the sale
thereof, or the remission or mitigation of forfeitures for violation of the
customs laws, and the compromise of claims and the award of compensation to
informers in respect of such forfeitures shall apply to forfeitures
incurred, or alleged to have been incurred, under the provisions of this
section, insofar as applicable and not inconsistent with the provisions
hereof. Such duties as respect to the disposition of property under the
customs laws shall be performed under this chapter by the Attorney General.
The United States shall dispose of all such property as soon as commer-
cially feasible, making due provisions for the rights of innocent persons."
* * * * * *
RICO law doesn't provide a stated reward for information "leading to the
conviction", but the above clause "and the award of compensation to
informers ..." implies that rewards are available and can be negotiated.
The important thing is, there's no upper limit restriction. Your percentage
can be up to 50% of the forfeitures, as it is in many other laws. It
depends on the information you provide, personal involvement and risk, and
the amount of control you have of the case. Control is the most important!
When fines and forfeitures are available, a percentage (usually 50%) is
awarded to the person providing essential information, and the remainder or
other half is paid to the law enforcement agency who made the arrest and
prosecuted the case.
Law enforcement agencies compete with each other like football teams. Each
agency wants the credit for the prosecution as well as 50 percent of the
fines and forfeitures. That's why they usually don't share information with
each other, which is detrimental to law enforcement generally. The flip
side is, when you have control, you are in a good position to negotiate
rewards. Each major law enforcement agency will want the case. If they
agree to 50% of forfeitures plus federal rewards, they still get the other
50 percent of the forfeitures. If they are too tight-fisted, they get
nothing! They know that. Always ask for 50 percent of forfeitures, plus
maximum rewards. Give it to the highest bidder. That's businesslike.
RICO Civil Suits
RICO civil suits are mentioned in "The Litigation Explosion", The obscure
mail and wire fraud statute can be included when defendants use national
advertising to encourage use of their product. That includes the big
players with deep pockets and liability insurance.
CrimeFighters can legally demand access to personal and business financial
records of the defendant to determine his financial status. The unlimited
access to personal and business financial records often makes reluctant
defendants cave in and want to settle out of court. That means you don't
have to hunt or dig for the information. You can, under civil suits, simply
demand it from the defendant.
When can you use RICO? The answer is mentioned in Olson's book:
"According to an A.B.A. (American Bar Association) study, more than 90
percent of the targets of civil-RICO lawsuits have no connection whatsoever
with organized crime. Nearly half of RICO suits rely solely on mail or wire
fraud charges, and another third rely on at least primarily on securities
fraud charges. By now, lawyers have deployed civil RICO in divorces, will
contests, and landlord-tenant disputes; against abortion protesters and
others demonstrating on the streets for their political beliefs; and of
course, in countless straight money suits over commercial disagreements."
State Laws
Most state RICO laws may be listed under the heading of organized crime and
fraud. Most state RICO laws now include all felonies primarily motivated
for financial gain. As an example, Arizona's RICO laws list a few defini-
tions of racketeering. I'll mention a few of them because they apply to
other states that have similar RICO laws. The wording might be slightly
different from state to state but the intent and definitions are the same.
Arizona's Definitions
"Extortionate extension of credit" means any extension of credit [lending
money] with respect to which it is the understanding of the creditor and
the debtor at the time such extension is made that delay in making repay-
ment or failure to make repayment could result in the use of violence or
other criminal means to cause harm to the person, reputation or property
of any person. [loansharking]
"Traffic" means to sell, transfer, distribute, dispense or otherwise
dispose of stolen property to another person, or to buy, receive, possess
or obtain control of stolen property, with intent to sell, transfer,
distribute, dispense or otherwise dispose of to another person.
[trafficking in stolen property]
"Criminal syndicate" means any combination of persons or enterprises
engaging, or having the purpose of engaging, on a continuing basis, in the
conduct which violates any one or more provisions of any felony statute of
this state. Drug dealing networks are included.
"Combination" means persons who collaborate in carrying on or furthering
the activities or purposes of a criminal syndicate even though such persons
may not know each other's identity or membership in the combination changes
from time to time or one or more members may stand in a wholesaler-retailer
or other arm's length relationship with others as to activities or dealings
between or among themselves in an illicit operation.
"Enterprise" means any corporation, partnership, association, labor union,
or other legal entity or any group of persons associated in fact although
not a legal entity.
"Control", in relation to an enterprise, means the possession of sufficient
means to permit substantial direction over the affairs of an enterprise
and, in relation to property, means to acquire or possess.
"Racketeering" means any act, including any preparatory or completed
offenses, committed for financial gain, which is chargeable or indictable
under the laws of the state in which the act occurred and, if the act
occurred in a state other than this state, would be chargeable or
indictable under the laws of this state had the act occurred in this state
and punishable by imprisonment for more than one year, regardless of
whether such act is charged or indicted, involving:
(a) Homicide
(b) Robbery
(c) Kidnapping
(d) Forgery
(e) Theft
(f) Bribery
(g) Gambling
(h) Ursury
(i) Extortion
(j) Extortionate extension of credit
(k) Prohibited drugs, marijuana or other prohibited chemicals or substances
(l) Trafficking in explosives, weapons or stolen property
(m) Leading organized crime
(n) Obstructing or hindering criminal investigations or prosecution
(o) Asserting false claims including, but not limited to, false claims
asserted through fraud or arson
(p) False statements or publications concerning land for sale or lease or
sale of subdivided lands or sale and mortgaging of unsubdivided lands
(q) Resale of realty with intent to defraud
(r) Fraud in the purchase or sale of securities
(s) Sale of unregistered securities by unregistered dealers or salesmen
(t) A scheme or artiface to defraud [cons, scams, pyramid schemes]
(u) Obscenity
(v) Child pornography
(w) Prostitution
(x) Restraint of trade or commerce
(y) Terrorism
(z) Money laundering
(aa) Obscene or indecent telephone communications to minors for commercial
purposes.
* * * * * *
RICO laws cover almost every crime for profit. But that doesn't mean RICO
must be used when there are other laws available for prosecution. Examine
all applicable laws to determine which provides the maximum rewards for
CrimeFighters. As a CrimeFighter prosecutor, you can choose which laws to
use, and which law enforcement agency to negotiate with.
* * * * * *
A forerunner to RICO, presumably to control drug dealing (it's listed under
Food and Drug laws) is called "Continuing Criminal Enterprises." While CCE
has been more or less replaced by RICO, it's still on the books. Title 21
USCS 886 provides for rewards up to $25,000. CCE is similar to RICO in
wording and intent, but the unusual feature of this law is it's possible
sentences of life imprisonment for ringleaders which can not be suspended
and probation is prohibited. If monetary rewards are not your main concern,
but harsh punishment is, CCE may be used instead of RICO.
The Law
Title 21 USCS 848 Continuing Criminal Enterprise
(a) Penalties; Forfeitures. (1) Any person who engages in a continuing
criminal enterprise shall be sentenced to a term of imprisonment which may
not be less than 10 years and which may be up to life imprisonment, to a
fine of not more than $100,000, and to the forfeiture prescribed in para-
graph (2); except that if any person engages in such activity after one or
more prior convictions of him under this section have become final, he
shall be sentenced to a term of imprisonment which may not be less than 20
years and which may be up to life imprisonment, to a fine of not more than
$200,000, and to the forfeiture prescribed in paragraph (2).
(2) Any person who is convicted under paragraph (1) of engaging in a
continuing criminal enterprise shall forfeit to the United States--
(A) the profits obtained by him in such enterprise, and
(B) any of his interest in, claim against, or property or contractual
rights of any kind according a source of influence over, such enterprise
if:
(1) he violates any provision of this title or title III the punishment for
which is a felony, and
(2) such violation is a part of a continuing series of violations of this
title or title III, and:
(A) which are undertaken by such person in concert with five or more other
persons with respect to whom such person occupies a position of organizer,
a supervisory position, or any other position of management, and
(B) from which such person obtains substantial income or resources.
(c) Suspension of Sentence and Probation Prohibited. In the case of any
sentence imposed under this section, imposition or execution of such
sentence shall not be suspended, probation shall not be granted, and
section 4202 of title 18 of the United States Code and the Act of July 15,
1932 (D.C. Code, secs. 24-203-24-207), shall not apply.
(d) Jurisdiction of Courts. The district courts of the United Sates
(including courts in the territories or possessions of the United States
having jurisdiction under subsection (a)) shall have jurisdiction to enter
such restraining orders or prohibition, or to take such other actions,
including the acceptance of satisfactory performance bond, in connection
with any property or other interest subject to forfeiture under this
section, as they deem proper.
(October 27, 1970
* * * * * *
If RICO is used, it has a provision to pay CrimeFighters a negotiated share
in the forfeitures involved. The practice now is to lump all assets, cash
and bank accounts into a forfeiture process rather than impose fines and go
through a separate collection process. Forfeiture under RICO usually means
they take everything they can lay their hands on that can be related to the
offense.
Most states will have a similar list of offenses covered by their RICO
laws. The exception being those activities permitted by law such as
gambling and prostitution in a few counties in Nevada, for example.
Most criminals who have been successful have expensive cars, jewelry, bank
accounts, real estate, stocks and bonds, savings accounts, and other items
of value which can be forfeited as fruits of criminal activity if they
can't prove it was paid for with honest money.
Expansion of State RICO Laws
Two years ago, the Texas State prosecutor brought suit to seize a house
owned by a man and a woman arrested on drug dealing charges. Under state
laws existing then, it was difficult to prove that the house had been
purchased with the profits derived solely from drug dealing activity. The
state turned the prosecution of the case over to Federal authorities who
have RICO and other laws at their disposal to seize drug-related property.
That solved that particular problem, but it prompted Texas lawmaker Dan
Morales of San Antonio to pass a new Texas law that would make it easier to
remove the "ill-gotten gains" from criminals, whether drug related or not.
The San Antonio Express-News ran a story on April 15, 1991, with the
headlines: "D.A. tripling asset grabs in felonies." The essence of the
story is that a new Texas law was passed on October 18, 1990, allows the
Texas State prosecutor to legally seize property used in the commission of
all first and second degree felonies. Until this new State law was
implemented it was possible to seize property used only in illegal drug
deals. The new law expands the number of seizures possible, in effect
tripling the number of forfeitures by including a larger number of felony
violations.
The new law defines contraband used in commission of felonies as "property
of any nature, including real, personal, tangible or intangible."
It also includes any personally owned items such as cash and bank accounts,
guns, jewelry, vehicles, furniture, businesses, and stocks and bonds. While
the courts often seize exotic pets and horses as part of the fines and
forfeitures, the Texas prosecutor wasn't interested in anything that
"eats." But, he is interested in anything and everything of value if it's
connected to the commission of the crime, or considered as the fruits of
illegal activity, as defined by law.
Most States have adopted similar RICO laws which have been expanded in
their scope and coverage to include virtually all illegal activity. For
example, the recent Arizona sting operations involving crooked politicians
who accepted bribes have been prosecuted under Arizona's RICO laws.
Hidden Assets
The courts are well aware of the tricks used by crooks to hide their
assets. The most common one is buying a car, boat, airplane, or condominium
in a friend's or relative's name. Another ploy is selling an asset already
owned to someone who is under their control or influence. The amount of the
sale price is usually an amount much less than the fair market value ("$1
and other considerations", for example). The court will investigate. The
legal owners will be required to show proof of where they obtained the
money to make the purchase. If it's proven to be a sham transaction the
court will seize the assets.
The court might discover that a friend, for example, has no job, no money,
and no inheritance to put up the money. In most cases the friend is usually
dependent on the lawbreaker. If he or she can't provide proof of legal
purchase, it will be considered a sham transaction to frustrate the court
(like creditors in bankruptcy actions). The sham transaction will be swept
aside as though it doesn't exist. The courts refer to the second person as
a "strawman" -- one who is without real substance.
If you find your suspect has a lot of assets, but they're in someone else's
name, keep that in mind. They are still vulnerable. All you have to do (as
prosecutor) is to "lean" on the strawmen. Advise them if they don't confess
now, they will be called as a witnesses and forced to testify under oath.
If they lie, and it's proven they lied, they will be guilty of perjury,
which is a felony punishable by stiff sentences. If they tell the truth
right away, you can promise they will escape punishment. In most cases
that's all that's required to get a signed statement.
* * * * * *
RICO Civil Suits
Title 18 USCS 1964
"(a) The district courts of the United States shall have jurisdiction to
prevent and restrain violations of sections 1962 of this chapter [18 USCS
1962] by issuing appropriate orders, including but not limited to: ordering
any person to divest himself of any interest, direct or indirect, in any
enterprise; imposing reasonable restrictions on the future activities or
investments of any person, including, but not limited to, prohibiting any
person from engaging in the same type of endeavor as the enterprise engaged
in, the activities of which affect interstate or foreign commerce; or
ordering dissolution or reorganization of any enterprise, making due
provision for the rights of innocent persons.
(b) The Attorney General may institute proceedings under this section. In
any action brought by the United States under this section, the court shall
proceed as soon as practicable to the hearing and determination thereof.
Pending final determination thereof, the court may at any time enter such
restraining order or prohibitions, or take such other actions, including
acceptance of satisfactory performance bonds, as it shall deem proper.
(c) Any person injured in his business or property by reason of a violation
of section 1962 of this chapter [18 USCS 1962] may sue therefore in any
appropriate United States district court and shall recover threefold the
damages he sustains and the cost of the suit, including a reasonable
attorney's fee.
(d) A final judgment or decree rendered in favor of the United States in
any criminal proceeding brought by the United States under this chapter [18
USCS 1962 et seq] shall estop the defendant from denying the essential
allegations of the criminal offense in any subsequent civil proceeding
brought by the United States."
* * * * * *
Clause (c) is important to victims of RICO related crimes. "Any person" may
sue the lawbreaker in a private suit for THREE times the damages to his
business or property. Instead of a ordinary civil suit to be reimbursed for
actual damages, crime victims should use this law to obtain three times the
business or property damages. (In addition, an "injured party" could also
file personal damage lawsuits in a separate suit. Triple damages probably
doesn't apply in CrimeFighter lawsuits for personal damages, although it
might!) A RICO civil suit should be initiated as soon as possible to lay
claim to the defendant's assets before they are forfeited in the pending
criminal action.
Clause (d) means if a conviction is obtained, or a guilty plea is entered,
the defendant has no legal defense as to the summary judgment that may be
obtained in a civil suit.
As you read the other laws that pay rewards, compare them with RICO for
effectiveness to maximize your rewards.
F9 for next Chapter
Drunk Driver Terminator (DDT) Patrols
The primary goal of DDT Patrols is to reduce the number of drunk drivers
on the streets and highways, and to obtain leads on criminal activity.
Because drunk driving violations are usually misdemeanors and no rewards
are available, CrimeFighter lawsuits are used when possible and practical
to have lawbreakers pay appropriate awards to compensate CrimeFighters for
their time and effort. DDT Patrols also provide a low-risk, basic training
experience for rookie Crimefighters.
DDT Patrols are a good place for rookies to practice newly-learned skills
of surveillance; tailing people/vehicles; reporting to police dispatchers;
using simple disguises to alter their appearance; and wearing body mikes to
record their conversations with bartenders and patrons to get information.
If you don't have any police training or experience in making arrests, you
can give the information you obtain on criminal activity (drug dealing and
other felony crimes) to an experienced CrimeFighter in your group. And
negotiate for a fair share of the reward he obtains with your leads.
The worst case scenario is you'll be spotted and/or identified as a member
of the DDT Patrol. You may be "asked" in rough language to leave the bar,
but you probably won't be attacked or threatened with bodily harm. If you
are verbally and physically assaulted, and wear a wire and have a verbatim
recording, you may have evidence for a lawsuit. If you are assaulted, sue
them for assault and battery, and have the last laugh at their expense.
That's a reason to wear simple disguises, and to rotate bars and shifts so
you aren't easily noticed by your sparse drinking habits. If you belong to
a local CrimeFighter group, your CrimeFighter "shift supervisor" may do the
scheduling and rotation of personnel in your area.
Eventually, the DDT Patrol will lead to criminal-related information and
RICO charges against the bad guys with deep pockets to pay larger awards,
and federal rewards for dope dealers and other organized crime groups.
All you need for a DDT Patrol is a vehicle, camcorder, and a cellular
phone. If you can't afford to buy them, you can lease them for about $40
a month from Radio Shack (time payments). If you only snare one or two
drunk drivers per week, you'll make $1,000 or more per month, or about
$15,000 a year,. Then you can afford to buy the tools of your trade.
This job is probably the easiest one for CrimeFighters -- you don't have to
approach, arrest or talk to the drunk. All you have do do is:
(1) be on the lookout for obvious drunks when they're seen leaving a bar
(2) make a home movie of a drunk staggering to his car in the parking lot
and climbing into the driver's seat of a vehicle;
(3) call the police and let them stop, test, and arrest the drunk driver;
(4) Look for their conviction in your local newspaper (or visit the
courthouse to read the notices); and
(5) Initiate a lawsuit for personal damages and ask for an out-of-court
settlement, and try to obtain information on criminal activity.
* * * * * *
Just for the fun of it, I've prepared a CrimeFighters "Operations Manual"
to give you an idea of what you do, and how to go about it.
DDT Patrols
Visit popular bars in your neighborhood, especially those that advertise
"happy hours" (order one, get one free). Patrons at this kind of bar will
buy at least two drinks and wind up with four or more. For most people,
four is one too many! Once a person starts to drink, it leads to another,
and another. The free drinks coax a person to spend more than intended and
drinking more than he/she can hold.
Park your vehicle where you can photograph drunks leaving the bar.
Go inside, order a beer, and sit and watch the action inside for about half
an hour or so to locate and memorize faces and clothes of the inebriated.
Also observe the bartender serving customers additional drinks while they
are, in your opinion, obviously too drunk to drive. When someone has had
four or more ounces of hard liquor (or four or more bottles of beer) in one
hour, they're probably close to or over their limit -- but it also depends
on body size and physical activity.
By the way, if you belong to a CrimeFighter lodge, there will be someone in
charge, like a training officer, who knows what each CrimeFighter is doing,
and the shifts they work. That will help to avoid duplication of effort in
assignments. It will also prevent too many vehicles tailing the same person
-- possibly spooking them into high speed driving to escape from suspected
robbers or rapists. And, in emergencies, you can call for backups.
DUI Arrests
If you try to make the arrest before he/she drives away, you have no legal
cause to make an arrest for "drunk driving". Besides, you'd blow your cover
when possible scuffling and shouting takes place on the bar's parking lot.
Once the vehicle's rolling, call the police. Let them make the arrest.
Police need your official "complaint" because they aren't allowed to pull
over vehicles without probable cause. Your official complaint is what they
need to justify stopping the vehicle. If they smell booze or can tell by
the slurry voice the driver needs a sobriety test, the officer will do the
questioning and, if permitted by law, take a breatholizer or blood test.
If drivers refuse, they're automatically charged with DUI. If they're over
the limit (if you've done your job, that's almost a certainty) you won't
need to testify. The officer obtains and gives the evidence needed for a
conviction.
You can follow (tail) the driver, but don't chase or spook them. Citizens
don't have the authority to make arrests for misdemeanors. If you tried to
pull over a drunk driver in an unmarked car it could be misinterpreted by
the driver as an attempted robbery. If the driver has a gun, he may shoot
at you. Or, if he spots you following him in a suspicious manner he might
try to run away from you at high speed and cause an accident. Resultant
lawsuits might be directed at you for "forcing" the driver into reckless
driving. (Chapter 23 explains high-speed pursuit regulations.)
If he gets away, don't worry about it. If you get the vehicle license plate
number, and have it on a videotape, there's another way to nail the perp.
No Police Arrests
On busy week-end nights, when all hell breaks loose for the local P.D.,
you may not get fast police patrol service for DUI calls. If not, you may
be able to use your videotape along with you and your partner's sworn
statements to initiate a lawsuit. Police should also have a record of your
phone calls (complaints) which will add credibility to your claim.
Use the DMV to get the drunk's name and address. File the paperwork to
initiate a personal damage lawsuit. Mail a copy of your lawsuit demand with
a copy of the videotape recording showing the person staggering and his
vehicle weaving on the road home after driving away from the bar. The tape
should convince the driver you have sufficient evidence for a conviction.
Your pending lawsuit permits you to mail a lawsuit interrogatory form to
the defendant and he/she is legally required to answer all your questions
concerning the drunk driving episode. A key question will be "at what bar
or tavern did you have your last alcoholic drink." That helps you to keep
track of bars or taverns who serve drunks their last drink. Interrogatories
become part of your evidence against the bar. And, of course, you will ask
other questions to reveal any other "problems" with the bar or tavern, such
as prostitutes on the premises, drug dealing, gun toting customers, etc.
Another key question will ask for his insurance company agent's name and
address. At that point, the defendant will realize if the tape is given to
his insurance company, he will be subject to a rate increase and possibly
insurance cancellation. Besides the cost of the rate increase for future
insurance, he will have to pay a lawyer to fight the lawsuit. The least
costly option is for an out-of-court settlement. At that point, and in this
situation, a $1,250 out of court settlement may be the lesser of two evils.
($1,000 for personal damages and about $250 or more for your costs.)
Note: If you don't try to get police to make an arrest at the time of the
crime, and just use the tape to threaten disclosure to the lawbreaker's
insurance company, it might be called blackmail! Citizens are required by
moral obligation and by law, to report a crime in progress, but are not
required (or allowed) to make arrests for misdemeanors. When police have
the information and don't follow up on it, that's not your problem. You've
done your duty. Use lawsuits to collect your reward and to obtain crime-
related information when you can.
If the lawsuit isn't easily settled out of court (no job, no money, etc.)
you have one more option: Contact Crime Stoppers and the local chapter of
M.A.D.D. Ask for a reward for the information on the videotape and related
documentation. Crime Stoppers or M.A.D.D. might pay occasional (small)
rewards for DUI.
Besides payment of the lawsuit, or in lieu of payment when you know they
can't afford to pay, you can ask them to sign a statement concerning the
bar operation. You might discover some damaging information that may be
used against the bar in a separate lawsuit. These are bonus coupons to be
redeemed later in your lawsuit against the bar owner and connected parties,
such as the building or hotel owner if the premises are leased to the bar.
Bonus Payments
Police Departments don't bother to keep a separate record or compile a list
of bars related to drunk driver convictions. Bar owners are seldom charged
with any violation unless the police want to close down the bar by revoking
their liquor license. However, you could keep or compile such a record --
and make another $25,000 or so, as a bonus -- from each bar.
To prove that a certain bar has routinely and habitually served liquor to
drunks, list the names and addresses of convicted drunk drivers that have,
within a short period of time (about 3 months), frequented each bar. Your
complaint will list all drunk drivers who were served their last drink in
the same bar.
Police records of DWI arrests connected to the bar is the main evidence,
plus videotapes, depositions and interrogatories from drunk drivers when
available. You lay charges against the bar owners accordingly and (if it's
a felony charge) assume the role of prosecutor to protect your interests.
Negotiate your civil suit at the same time you allow plea bargaining. Your
out-of-court (lawsuit) settlement will be scaled to fit the severity of the
offense as well as the ability the defendant's ability to pay. When you
have conclusive evidence, and allow plea bargaining to lesser charges (when
possible), means your lawsuit will be settled quickly and out of court.
Getting the Evidence
When you've identified a few probable drunks inside the bar and have
personally seen the bartender serving them, go to the parking lot and be
prepared to take a home movie on a camcorder (with a 12:1 zoom lens) that
shows the drunk leaving the bar. Many camcorders have sensitive low LUX
image-taking features that make recordings even in dim light. (1 lux = one
candle power). But to make sure of a clear picture, ask your partner in the
driver's seat to start up the motor and turn on the headlights when the
drunk exits from the bar to provide the extra lighting you may need.
Try to get the videotape to include a portion of the building (signs are
best) that disclose the building location and business name. A camcorder is
better than a 35 mm camera because it can "pan" to show the bar entrance
(for identity) and can zoom in on the license plate of the vehicle that's
shown in the parking lot. A camcorder panning from one location to another,
picking up all the action on the one film, is more convincing. It's even
better if the date and time are shown in the tape.
Keep the camera recording until you get pictures of the drunk getting into
the driver's seat, starting up the vehicle, and driving away. The movie
should show the drunk driving a vehicle after consuming many drinks. If he
is staggering like a drunk -- make sure that's on the videotape. The movie
should show certain features of the parking lot that fix the location of
the drunk's vehicle on the bar's parking lot or near the bar or tavern,
plus a videotape's date stamp. Police records will also show the location,
time and date, plus vehicle license. Put them both together and you have a
case, plus an excellent (cop) witness, if needed.
You won't need videotapes as evidence against the drunk. The police will
lay charges if the driver fails the sobriety, breatholizer, or blood test.
That's all a judge needs to convict a drunk driver. The camcorder evidence
is used against bar owners for habitually serving liquor to drunks. That's
why you need to identify the bar and the driver (either with a picture of
faces and/or license plate number of the vehicle) to tie them to the bar.
When there is a conviction, you have the hard evidence to justify your
lawsuit demand for "personal damages" as explained in previous chapters.
Having convictions on the record will help you obtain an out-of-court
settlement because they have no valid defense. If they're stubborn, apply
for summary judgment. With the conviction notice of the drunk driver and
your claim for personal damages, it's usually all you need to obtain
summary judgment. Payment is enforced by the court, if it's needed.
Traffic offenses are usually scheduled and disposed of within 90 days.
Usually, the fine must be paid promptly and few Appeals will be made. As
soon as you find out from police records or newspaper report of court
activity, use your word processor to crank out the paperwork to initiate a
civil suit against the convicted driver for gross negligence.
Partners
If you're a loner, that's alright. However, partners provide camouflage and
can verify your statements so it's not one person's word against another.
Also, one can drink beer while the other sips soft drinks. The worst that
can happen is you'll be suspected as a member of the DDT Patrol. You may be
roughed up by angry patrons or bar owners. If there's two or three in your
team, you can provide backup for each other. And, when there's two or three
in your group, it will discourage any violence. If you're all alone, you
might be vulnerable, especially in "roughneck" bars.
Bartenders and waiters/waitresses aren't necessarily nosy (some are) but
they may try to make friends to encourage you to come back again. Instead
of being stand-offish, be prepared to make friends and future contacts.
It's usually unwise to use your own identity in an undercover role. Phoney
I.D. may come in handy. It would be essential if you learn about criminal
activity and are instrumental in making arrests. With that thought in mind,
it might be a good idea to create a new name and address with matching I.D.
for your undercover role. (CRIMCAT has a few good books on that subject.)
This is where you can practice role playing and simple disguises that are
natural (not artificial) but can alter your appearance. Undercover agents
are actors who can assume another person's identity and personality. They
can put it on and take it off like a suit of clothes. The important thing
is to make your new identity look natural and fit your own personality too.
Camcorders - Indisputable Evidence?
The Las Vegas Review-Journal, May 27, 1990, in a story entitled, "Videos
Record DUI Suspects," reported that before they used videos police often
had problems of obtaining a conviction. But with the evidence on tape --
showing the suspect staggering while he walked in the parking lot to his
car, or the suspect's vehicle weaving on the road -- the video evidence was
enough to convince the defendant to plead guilty. "It's just indisputable
evidence," said Jimmy Stallings, a deputy chief in the Tampa Police
Department. "Once the defense attorney sees what their client looks like at
that particular point...it's very obvious, it's not even close. Many times,
you've got a person who says they had only two drinks, and they're falling
down drunk on the videotape."
No Camcorder
If you don't have a camcorder, wait until the drunk starts the vehicle and
is verified to be the driver, leaves the parking lot, and drives off. Use
a cellular phone to report it to the police. Give them the license number,
make and model of the car, the location of the bar, and the direction of
the suspect's car as it left the parking lot. They'll automatically ask for
your name as the person making the complaint. Your name on the complaint
helps to justify your lawsuit to recover your "costs", plus an award.
Note: Camcorders and cellular phones are "essential equipment" when working
the DDT Patrol. More info on them is in Chapter 26 - High Tech Equipment.
Cellular Phone versus Citizen's Band (CB) Radio
Cellular phones cost more than a CB, but a telephone call to the police is
preferred. When you use a telephone a formal complaint is made out. A CB
call may be heard by a patrol car, but may or may not be acted upon, and no
complaint sheet will be made out. A CB call may not get a response if the
nearby patrol car is already assigned and en route to a different call.
A CB call on an emergency or police channel isn't a private call. These
channels are usually monitored by scanners and overheard by many people
including the bar owner. They and others would soon spot the pattern of
calls and your DDT Patrol operation would be discovered. Don't use CB's.
Tail the drunk until the police arrive and pull the car over and test the
driver. If police don't arrive within five minutes, give them another call
and advise the new location. Tell them if the driver's weaving all over the
road, running red lights, and driving over the speed limit. Get it on tape
with your verbal comments as you drive. Make a recording of the ongoing,
vehicle surveillance. When you see the drunk driver pulled over by a patrol
car, that's the end of your surveillance.
Use your phone to call your CrimeFighter shift supervisor. Ask for another
assignment. Go to a different bar and repeat the procedure until closing
time or the end of your shift.
* * * * * *
Traffic offenses are usually scheduled and disposed of within 90 days.
Usually, the fine must be paid promptly and very few appeals will be made.
Initiating a lawsuit and negotiating a settlement may take a week or two.
If you're a hard worker, you may be able to report two or more drunks per
night. That's good for two reasons: First, the $500 per drunk ups the ante
to about $1,000 per shift; second, it also provides "proof" (after about
three or more convictions related to the same bar) that the bar routinely
serves liquor to drunks. Serving one drunk might be held to be a mistake in
judgment. A dozen or more within a few weeks or months from the same bar
makes it "routinely and habitually."
Question: How many bars in your vicinity (within 50 miles of your home)
offer "Happy Hours," hustle patrons for extra drinks, and maybe allow
hookers or drug dealers on the premises?
Busy bars may be like gold mines for their owners. They could prove to be
gold mines for active CrimeFighters too.
End of DDT Patrol Operator's Manual
* * * * * *
How to Calculate Lawsuit Awards for DDT Patrols
Drunk driving is a felony after two or three prior convictions within a
certain period. It's usually a felony when combined with driving without a
license, a suspended license, or driving without required insurance. Each
State has slightly different conditions and time periods but generally
their laws are quite similar.
When felony charges are laid, you're eligible for a reward under 18: 3059.
Assert your right to prosecute. When the person asks for plea bargaining,
use your prosecutor position as leverage to negotiate a fast and easy
settlement of your lawsuit.
Penalties for drunk driving are close to $1,000 in most States and even
more for subsequent convictions. Adjust your lawsuit to match the fines.
California and Texas fines for first-offense DWI (Driving While
Intoxicated, in other states called DUI or Driving Under the Influence) is
close to $1,000, and up to $2,000 for the second offense. Other states
average about $1,000.
* * * * * *
Drunk Driving, an American Dilemma," by James B. Jacobs, mentions that
fines have been declining over the years and that a $500 fine is not as
strong a deterrent as it used to be.
Some States levy a "flat" fine of a specific amount regardless of the
degree of blood alcohol content (BAC). Example: a BAC of .08 to .10
(depending on the State) is defined as "impaired." A BAC of .15 means the
driver is seriously impaired, and at .20 or more the driver is criminally
impaired. Why not consider fines that charge the minimum for DUI -- plus
$250 for each percent increment in BAC? A person with a BAC of .18 would
pay the minimum fine of (say) $500 plus an additional $2,000 for the extra
8 points. While many courts may not use this scale, CrimeFighters can use
it to calculate the award amount in their personal damage lawsuits.
In addition, fines should be set according to the person's income. Fines
for a young teenager could be scaled at minimum-wage incomes. A corporate
president or a professional person should pay proportionately larger fines.
Germany and Sweden assess "day fines" of so many "units" for each offense.
The monetary value placed on each unit is rated at the person's daily pay
scale or ability to pay as well as suitably punish.
A $150 fine for someone earning $150 a week might be suitable punishment.
For someone earning $1,000 a week or more, $150 is just a nuisance fine. It
doesn't have the same deterrent value. By calculating the $ unit at the
person's weekly pay scale, anyone making $1,000 a week would have to pay
$1,000, which is proportionate to income.
Combining these two factors, a CrimeFighter can calculate a suitable amount
to be asked for in his personal damage lawsuit, plus an amount of (say)
$250 as his costs for time in gathering evidence and related expenses.
The formula = (the person's weekly income) X (BAC X 10) + $250
A person with a weekly income of $250, and with a BAC of .10 would be
assessed ($250) X (.10 X 10) or $250, + your costs of $250 = $500.
A person making $1,000 a week with a BAC of .18 would pay ($1,000) X (.18 X
10) or $1,800, + your costs of $250 = $2,050.
The award (or fine) is relative to income as well as the BAC reading.
Anyone with a BAC of .20 or more, who is criminally impaired should be
placed in the same category as a felony assault with a deadly weapon, and
their vehicles should be forfeited as well as their license revoked for a
year or more. A CrimeFighters' lawsuit could claim criminal negligence and
up the ante accordingly -- to $2,500 or more, depending on the individual.
Each drunk driver you report and is convicted can be sued via a personal
damage lawsuit for an amount based on the above CrimeFighter formula. At
busy and boisterous bars and taverns, you should be able to catch one drunk
driver per shift, or about five per week. At an average of just $500 each,
you can make about $130,000 per year, plus bonuses -- if you work at it.
Lawsuit Amounts from Bars and Connected Parties
A "fair" award from bars (and connected parties when applicable) might be
the same amount that was used against each drunk driver according to the
above CrimeFighter formula. In this case, it's appropriate to levy a fine
according to the BAC reading. If a bar serves someone just slightly over
the limit, the fine is just $500. But if the bar serves a person already
stinking drunk, they should be fined accordingly -- or according to the
driver's BAC reading. On the average, fines may be more than $500 each, but
for easy calculation let's say about $500 per drunk who was served the
last "over the limit" drink in the bar.
Sue the various bars (and connected parties when applicable) in individual
lawsuits for a personal damage award of $500 for each drunk driver. Each
bar will be liable for only a few thousand dollars and will want to settle
out of court rather than face the burden of a hard-to-win-lawsuit. If you
have convictions of drunk drivers, and possibly a few statements from drunk
drivers of illegal activity against the bars, they have no valid defense.
If they don't want to settle out of court, you can apply for summary
judgment to avoid a costly and lengthy trial.
If you snare (say) 5 drunk drivers per week, at $500 each, on the average,
you will make about $130,000 per year. If you sue the bars as well for the
same amount, add another $130,000 from bar owners and connected parties
for a total of about $260,000 per year!
Other Things to Look For
Alcohol-Related Laws
Most States have an "Open Container" law making it illegal to drink
alcoholic beverages in a moving vehicle. Having an open container of an
alcoholic beverage within reach of a driver or passengers indicates a high
probability of drinking while driving. Proof that drinks were taken from
the container while driving is not required. The open container is all
that's needed. Violators are automatically fined as DUI drivers.
If your State has such a law, it provides another business opportunity:
staking out liquor stores to observe patrons who load the booze in their
vehicle, open a can or bottle, have a few swigs, then drive away to finish
it off -- with an open container.
Dram Shop Laws
All businesses that serve alcohol are required by the terms of their liquor
license to maintain a safe and orderly place for their customers.
Such places should not knowingly and willfully: serve minors; serve drinks
to intoxicated patrons directly or indirectly (serving drinks to friends
who, the bartender knows, will pass it on to a drunk person); allow
prostitutes or drug pushers or anyone with a gun to be on their premises;
allow fights or brawls; or otherwise run a disorderly and potentially
dangerous place of business. In any of the above situations (or violations)
a licensee is required to call the police as soon as possible to remedy the
situation. When they don't, they could be in violation of State liquor
laws, which assesses any of the above violations as a class 1 (serious)
misdemeanor. (In Arizona, a fine of up to $20,000 is levied for class 1.)
Co-defendants in Lawsuits
Some state liquor laws have a provision that say, in words to the effect,
that licensees can be held equally financially responsible when a person
who has been served drinks in their place of business, is involved in an
accident, charged with DUI, or sued by an injured party.
If a lawsuit by a Crimefighter is deemed to be in the latter category,
(an injured party) it might be the bar or tavern can be legally required
to pay the drunk driver's lawsuit award.
Check it out. If a driver has very little in assets, and lawsuit payment
will be difficult to collect from the driver alone, make the bar or tavern
a co-defendant and make them jointly liable for the payment.
By the way, DUI includes driving under the influence of drugs. Keep that
in mind if you know any addicts who drive. Their open containers of dope
is all the evidence police need for an arrest, conviction, and possible
forfeiture of the vehicle if the driver is also a drug dealer.
Blood Alcohol Content
A person is legally drunk when the blood/alcohol ratio exceeds the legal
content, which varies slightly in various States. Drivers can be impaired
when their blood alcohol shows a reading of .05 (50 milligrams per 100
milliliters of blood. When their ratio reaches .08 they're "too drunk to
drive." Anything over that is usually illegal. As you can imagine, a large
person, say 200 pounds in weight, can drink twice as much as a 100-pound
person and still have the same blood-alcohol ratio. With that in mind we
can come up with a fairly accurate rule of thumb.
Examples with a person's weight, number of drinks, and approximate blood
alcohol content:
100 pounds = 2 drinks = .087
150 pounds = 3 drinks = .087 to .103
200 pounds = 4 drinks = .087 to .108
250 pounds = 5 drinks = .087 to .097
Generally, small people get drunk after 2 or 3 drinks. Medium-sized people
get drunk after 3 or 4 drinks, and big people get drunk after 4 or 5 drinks
-- depending on the time between drinks.
If you control your drinking to about one per hour, you will seldom be over
the limit. But, it also depends on body weight and physical activity.
Unlimited Earnings Potential?
How many drunk drivers are in your area? "Driving The Drunk Off the Road,"
a book by Sandy Golden published by Acropolis Books, Ltd., presents these
and other statistics on drunk drivers.
"The National Highway Traffic Safety Administration (NHTSA) report reveals
that, where enforcement is lax, 2,000 intoxicated drivers escape detection
for every driver arrested. When enforcement is vigorous, it drops to about
500 who escape detection for each one caught. The average DWI violator may
drive in an intoxicated condition for nearly four years before being
arrested. The odds against being caught is so slight, it encourages drunk
drivers to ignore DWI laws." Unquote.
Why don't Police stake out bars like the DDT Patrol? First, it would take
officers off other, more serious assignments. And, it would be politically
unacceptable from a public-relations viewpoint for police to hound, harry
and harrass inebriated patrons of licensed businesses.
But that doesn't mean it can't or shouldn't be done by CrimeFighters!
Happy hunting (and don't get drunk on the job!)
F9 for next Chapter
Drug Wars and Drug Laws
"Deep Cover," a $5.95 pocketbook, by Dell, written by a former DEA group
supervisor and international undercover agent, gives the inside (true)
story of how DEA infighting, incompetence, and subterfuge lost the biggest
battle of the drug war. If there was a textbook on undercover work, Michael
Levine would have written it. For 25 years he was an insider in the DEA -
their top undercover cop. A man with a proven record of arrests -
personally accounting for more than 3,000 criminals serving 15,000 years in
jail. A man who now calls America's war on drugs "the biggest, costliest,
most dangerous failure of American policy since Vietnam. In his book "Deep
Cover" he takes you on one of the most dramatic, ambitious cases ever
mounted - an operation in which the drug kingpins of three countries were
caught red-handed... and tells you why they were never brought to justice.
The result is an explosive expose of why we're losing the war on drugs -
told in the words of an American who has devoted his life to winning it."
The above description was taken from the covers of his book. If you're the
least bit interested in doing something about the drug war farce, read this
book. It may come as a bit of a shock to learn that (on page 64, for
example,) DEA's Staff coordinator, Art Egbert said, "They are making so
much cocaine down there (in Bolivia) that just seizing another 10, 20, or
30 thousand kilos isn't going to make any difference whatsoever. There are
probably 150 or 200 guys like Roman down there. It's just not worth making
a buy."
Michael Levine's thoughts at that time were, "I wanted to scream. "Why the
fuck have two DEA undercover agents died this year after going after ounces
of cocaine? Was it for nothing? And why are you sending agents into the
jungles like an invading army, like Vietnam? For nothing?" The words were
on the tip of my tongue. Only the realization that it would have meant an
instant end to Trifecta (code name for the operation) silenced me -- but
not completely."
And it didn't. His book, "Deep Cover," written after his retirement, blows
the lid off political ambitions and bureaucratic bungling and the shameful
waste of lives and billions of dollars on the biggest con of all - DEA's
operation "Snowcap."
The essence of the Michael's story, besides shocking revelations that will
make you both angry and dismayed, mentions a viable alternative that may
not be politically expedient, but could be the most effective way to fight
the drug war.
On page 227 he says "Over the next week, from March 24th to March 29th,
night after night, Group 22 (his group) kept locking up buyers. Most of
them flipped (gave evidence against the pusher who sold them the dope),
signed statements, and blubbered that they would never do it again. The one
thing that seemed apparent to me was that most of them never would have
been buying drugs in the first place if they'd believed there was a chance
they'd be busted. WHEN WILL WE EVER LEARN!" (Mike's emphasis.)
Another pocketbook, "Cocaine Wars," by Paul Eddy with Hugo Sabogal and Sara
Waden, Bantam Books, 1988, makes similar remarks and has come to the same
conclusion:
" ...When the task force began work in 1982, one kilo of cocaine of any
purity cost $47,000 to $60,000 in Miami. In late 1987 one kilo cost between
$9,000 and $14,000 in Miami, and there were places in the city where at
night cocaine was more easily and openly available than cigarettes.
What went wrong? "We win battles while they win the war," said Special
Agent William Yout, a blunt Boston Irishman who until 1987 was the DEA's
exceptionally forthright spokesman in Miami. In Yout's view -- a view
widely shared in law enforcement and by the other side -- the task force
failed, and continues to fail, because its strategy is flawed, because it
fights on the wrong front, and because for all the hoopla and all the
political rhetoric, there is in Washington neither the understanding nor
the political will to win."
Another book of Michael Levine's exploits, "Undercover," written by Donald
Goddard (Dell) and available in paperback ($5) contains a series of
"seminars" that Levine uses to teach law enforcement agents how to go
undercover. In the book, the gist of his seminars are told, along with the
background information in story form on how he made the busts. It's
fascinating to read, and in a way, is a training manual for CrimeFighters.
It explains what going undercover is really like and exactly how to do it!
Levine reiterates (in Chapter 9 of "Undercover") "We can win, if you want
to". In this Chapter, Mike is talking to a PTA group and explains why the
war on drugs is already lost, and what can and should be done about it. He
emphatically repeats the claim that all the big busts have damn little
effect and never will. It's only when users of illegal drugs are hounded,
harried, and harassed out of existence will the drug wars be won. As long
as the demand is there, drug dealers will be able to make a lot of money
meeting the demand. Taking out dealers, who are replaced immediately by
another group who are waiting in line to move up the ladder, is not the way
to fight the war on drugs. Going after the users is the only effective way
to eliminate drug use. When no one (or hardly anyone) uses drugs anymore,
there'll be no dealers.
What Levine recommends is not going to be a popular remedy supported by the
public or police departments. First, it means making arrests in record
numbers that won't be currently practical. Wholesale arrests would tie up
the entire judicial system. Most of these arrests will be considered as
"nuisance" arrests as far as the courts are concerned. Second, most of
these lawbreakers are almost immediately released with a slap on the wrist
-- plea bargained down to a petty offense or misdemeanor and a small fine
or a few days in jail. For the cops on the street, it's just not worth the
time and hassle when they have too many other things to do. So they don't
bother. They can't. There are too many users and not enough police.
Prosecutors are already overworked, court calendars too crowded, and jails
are overflowing. That's the problem. (But, CrimeFighters could provide a
simple solution. More on that coming up.)
Drug Wars: Just a GAME?
Both "Deep Cover" and "Cocaine Wars," about different narc agents, draw
similar but separate conclusions that sum up their opinion of the War on
Drugs:
In" Cocaine Wars," Ex-Lieutenant Raul Diaz (homicide, with nine years of
service), said that in the War on Drugs, he had lost sight of that, and
gone for overall victory, and, consequently, he had lost. He was, he said,
no longer naive: "the whole thing's a game. It's all a fucking game."
Michael Levine, in "Deep Cover," says "I listened to Hooper talk and
realized I was no better than he, or any of the other DEA agents who
realize that the whole drug war is nothing more than a game -- a dangerous
game, but a game nonetheless -- and continue to play, risking their lives
but afraid to risk their jobs. I was as afraid as any of them -- afraid of
a truth I had refused to see ever since the nightmare of the Roberta Suarez
case."
* * * * * *
Another book, "Drug Agent, U.S.A.," written by Richard F. Radford and Jack
Crowley, published by St. Martin's Paperbacks is another "true detective
story" of the street war on drugs as experienced by undercover drug agents.
This one, beside relating fascinating stories, provides clear insight in
the drug scene and the jobs of undercover cops. It also sheds additional
light on the reason for failure of the war on drugs!
The authors of "Drug Agent U.S.A." mention something generally overlooked
by the public as well as politicians:
"...fully half the drugs OD's that get reported in this country derive from
prescription drugs. That's not to say they've all been negligently
prescribed: there are as many methods of illegal diversion as there are
criminals. Drugs get stolen, prescriptions get forged, some people
deliberately overdose.
"As a supervisor for the DEA, my first concern is about the sheer size of
the problem. From an enforcement point of view, the numbers are staggering.
There are approximately 800,000 registrants in the United States -- that
is, over three-quarters of a million legally registered pharmacists,
doctors, manufacturers, distributors and others who handle, somewhere along
the line, drugs listed under the Controlled Substances Act. All of these
registrants are potential diverters, people who divert legal drugs to an
illegal end, so the logistics of tracking down a crooked handler are mind-
boggling.
"Add to the problem of this number the fact there are several thousand
different drugs listed under the Controlled Substances Act. Those several
thousand items factor out to about 20 million dosage units of drugs that
can, as the DEA says, "have a substantial and detrimental effect on the
health and welfare of the American people.
"Obviously, not all the drugs are ending up where they're supposed to. Of
the 20 billion legally produced dosage units, estimates range from a low
250 million to a high of 650 million dosage units diverted into the illicit
market annually. That's a lot of pills."
Chapter 2 of "Drug Agent U.S.A." reveals that generally speaking, if the
case isn't profitable moneywise, won't advance legal careers, or won't
enhance their political aspirations, most prosecutors tend to ignore,
stonewall, discourage, and sidestep the little cases. They're just not
interested.
It seems logical that prosecutors don't want to waste their time on the
little busts because, if they win the cases, there's no glory or big
reputations to be made. On the other hand, if they lose too many, it could
ruin their reputation, derail their careers, and hinder political ambitions
for higher office. From a business point of view, It's smarter to play the
odds when their in your favor. I'd do the same thing, and so would most
people if they were ambitious lawyers who want to climb the ladder to
higher office. But, that's part of the problem -- politics!
Perhaps politicians and bureaucrats at the top are also knowingly "playing
the game" -- to hang on to their big-paying jobs with billions of dollars
worth of assets at their disposal, plus large expense accounts. If the Drug
War is won, they'll be out of a job. Maybe that's what Yout meant when he
said, "there is in Washington neither the understanding nor the political
will to win." I believe both.
End result: Everybody claims to want to stop the plague of drugs and drug
addiction, but no one wants to make the little busts if there's no money or
glory to be made. And the drug use continues to spread without being
stopped or controlled. Obviously, we need a new strategy.
Conclusion
1. Federal agents aren't effective in stopping or slowing the drugs from
coming into the country. Many other people, like Levine who know enough to
make factual comments, say that the amount of drugs seized amount to only
about 10% of the total volume. Even if the percentage was increased to 50%
or more, it would only mean that the price would go up slightly. That would
spur the manufacture of drugs already being made within the United States -
- and make it even more difficult to control.
2. The production of crack and increasing cultivation of marijuana, for
example, is made in the United States. Spending billions in bribes (by
various names) to South America can't and won't do anything to solve the
home-grown problem that is rapidly taking over. Added to that is the
diversion of thousands of other drugs (besides marijuana, crack, cocaine,
and heroin) that are all but overlooked by politicians at higher levels,
and by the media. The little busts are so common, they just aren't worth
mentioning.
3. The "war" on Panama to capture Manuel Noriega didn't solve the
Panamanian or Bolivian problem. A recent TV program mentioned that when
Noriega controlled Panama he also controlled drug distribution. Now that
he's in prison (at what cost?) there are about a dozen more relatively
unknown and uncontrolled dealers who have quickly and eagerly stepped into
his place -- and taken over.
South American drug manufacturers are like mushrooms. When you step on a
mushroom it releases spores that create hundreds more. Stamping on the big
ones only creates hundreds of smaller ones who sprout up overnight and take
their place. Ditto with drug dealers. Nailing Noriega didn't solve the
problem. When he was operational they knew who it was and could take some
action. Now, they don't know who's in charge, who the dealers are, where
the drugs are coming from or going to, or what to do about it. The problem
now is worse than ever!
4. District Attorneys are reluctant to prosecute ("waste their time") on
small cases. Ditto with Police Departments. That's why there are millions
of buyers who make it profitable for dealers to accept the risks of jail.
If we can't stop the source, why not try a different tactic as Michael
Levine's book suggests -- hit the users to reduce the demand!
The history of Drug Wars indicates it's another quagmire like Vietnam.
We'll never win it by fighting the war like a standard, organized military
operation. It's time to try guerrilla warfare; by sniping at recreational
drug users with an all-out war against them!
Drug Wars - CrimeFighter Style
After working the DDT Patrol for a few weeks or months, you'll probably see
or hear about drug use and sources of supply. If you have experience in
playing an undercover role, and have mastered your camcorder and other
electronic equipment, you may be ready to join the CrimeFighter NARC squad.
If you haven't worked the DDT Patrol for a few weeks or months you might
not have any inside information on drug users and drug dealers. If not,
there's another way to obtain leads: advertise for them.
Buy and distribute "reward brochures" from We-Tip that offers to pay "up to
$1,000" for information concerning illegal drug use. Put your phone number
(rented from an answering service) as the person to contact. Payment of the
reward to a tipster is contingent on conviction. When you collect a larger
reward, you pay the tipster his $100 to $200 according to Crime Stopper's
formula. Or, when suitably dressed for the role, ask street people to
locate a drug dealer's place of business such as a crack house. Sooner or
later you'll get leads.
If you read the book "Undercover," you'll learn how to flip users to get
names and addresses of other users and their dealers. You'll find out one
lead often becomes two or more, and it becomes a pyramid of leads.
Stakeouts
If you know of, or learn where a dealer lives and operates, stake out the
place of business or stash house. Make camcorder movies of the drug traffic
and license plate numbers of about a dozen cars or more that make pit
stops. When possible, use the 12:1 zoom feature of a camcorder to get
close-ups of buyer's faces and license plates. After getting the evidence
on tape: (a) Contact the FBI and negotiate for a suitable reward for the
bust of the dealer. When an agreement is reached, and in writing, give them
the information they need, including a copy of the videotapes showing many
buyers going in and out of the place of suspected drug-related business.
The videotapes of suspects making pit stops at the buyer's place of
business will provide them with probable cause to get a warrant for a
search of the premises.
Let the FBI make the arrests. But be aware they may want to flip the dealer
to nail his suppliers. They may let him off the hook (and even stay in
business) in exchange for additional information. Your negotiations for a
reward should allow for plea bargaining to a lesser charge, dismissals,
errors and omissions of police, and indifferent prosecutors. Nail down a
specific minimum reward amount plus 50% of all fines and forfeitures so
that no matter what happens to the case afterwards, you know you'll get
paid an agreed-upon amount. And get it in writing from an FBI agent.
If negotiations for a reward isn't possible because there was no time to
negotiate, or if the agency doesn't want to pay a "decent" reward, assert
your right to be prosecutor (that's what Qui Tam is for). Plea bargain with
the defendant for lesser charges in exchange for a suitable lawsuit award.
Use RICO civil suit for prosecution in addition to or in lieu of criminal
charges -- where you get 50% of the fines and forfeitures when there are
significant amounts involved and include the fruits of criminal activity.
The FBI will obtain names and addresses of suspected users from the DMV via
the license plate numbers shown on your videotapes. Search and arrest
warrants would be obtained based on probable cause. Immediately after the
dealer is busted the warrants would be served on the users. It's a good
possibility that arresting officers would find incriminating evidence of
drugs or other contraband on the premises or in their vehicles. That's all
they need to make an arrest.
Negotiate the same deal for drug users, or when necessary, use Qui Tam to
prosecute them to get federal rewards plus 50% of fines and forfeitures,
when applicable. The FBI probably won't be interested in the small fry
anyway. If so, you can take over as prosecutor via Qui Tam law. Use civil
suits to extract payment for your undercover time. The concurrent criminal
charge will provide leverage to get an friendly settlement of your civil
suit in exchange for downgrading or dismissing the pending drug charges.
Under 3059, you qualify for a reward and have the legal right to be the
prosecutor. If you have the experience, you won't need a lawyer for plea
bargaining. Very few will want a trial if you're willing to let them buy
their way out of jail. When they insist on their innocence, turn them over
to the regular prosecutor and apply for federal rewards. When and if
they're convicted or change their mind and plead guilty, initiate a civil
suit to be paid for your undercover time.
When they can afford it, users will gladly accept the chance to settle the
problem out of court for just $1,000 in exchange for a suspended sentence
or reduced charges from a felony to a misdemeanor. If they insist on a
trial, they'll probably wind up paying more than $1,000 in lawyer's fees
anyway, and might lose the case and face jail time and a criminal record --
if they don't already have one.
You can recommend Probation without Adjudication for first-time offenders.
That means, if there are no repeat violations during a 12 month period, the
charges will be dropped and no criminal sentence is on their record.
If the FBI wants to prosecute all users, to get official credit for their
bureau, a suitable reward of $1,000 per user should be negotiated in lieu
of the rewards under 3059 and 886.
If you make the arrest or provide the information that leads to the arrest
and there are rewards pending (3059 and 886), you have the right to be the
prosecutor. If the FBI (or others) wants to prosecute, they have to get
your permission. That gives you leverage to negotiate a suitable reward.
When you get a few leads and informants working for you, you should be able
to snare at least 10 drug users per month who pay you $1,000 or more, each.
That's how you can make $100,000 a year. (Plus bonuses of rewards from
dealer busts and your 50% share of resultant fines and forfeitures.
Part II - Reward Laws
In addition to the catch-all reward law for any felony anywhere (18: 3059),
there's another reward law that concerns Drug Abuse Prevention:
Title 21, Section 886
Payment and Advances
"(a) Payment to informers. The Attorney General is authorized to pay any
person, from funds appropriated for the Drug Enforcement Administration,
for information concerning a violation of this title, such sum or sums of
money as he may deem appropriate,without reference to any moieties or
rewards to which such person may otherwise be entitled by law."
Unofficial interpretation: If, for example, a CrimeFighter were to provide
information leading to the arrest of a drug dealer, he or she would be
first entitled up to $25,000 as a reward under section 3059, plus an
additional amount under section 886. The reward amount under section 886
isn't specific. It's under the discretion of the DEA (and FBI). But, this
reward can be paid even though the tipster receives a reward from another
source. (Most reward laws prohibit "double-dipping," but this one
intentionally provides a bonus reward when directly related drug activity
is involved.)
"Reimbursement for purchase of controlled substances. Moneys expended from
appropriations of the Drug Enforcement Administration for purchases of
controlled substances and subsequently recovered shall be reimbursed to the
current appropriation for the Bureau."
Unofficial interpretation: When and if money used to make purchases in
sting operations is recovered, it is to be put back where it came from.
Sometimes the sting operation isn't successful and the money is "lost," or
stolen!
"Advance of funds for enforcement purposes. The Attorney General is
authorized to direct the advance of funds by the Treasury Department in
connection with the enforcement of this title."
Unofficial interpretation: Authorizes general funding for the DEA and
would, it seems, cover the cost of miscellaneous items and expenses to set
up a sting operation. It might also authorize the FBI to pay an alternate
form of compensation to a CrimeFighter to provide a "cover" in setting up
a sting operation.
(Incidentally, David Wheeler, a DEA informant and convicted drug dealer, is
reported to have been paid $285,000 for services rendered to the DEA. The
pocketbook "Deep Cover," mentioned later on, gives the full story.)
A former law enforcement agent, Mr. X (who prefers to be anonymous) who
worked drug details, now retired, claims has recently collected hundreds of
thousands of dollars in the last year alone and said that 21 USCS 886
allows the FBI to award 25% of all fines and forfeitures, up to $150,000
per case.
Mr. X also mentioned, "I have found the FBI to be very trustworthy in
paying this money." (Note: The FBI took over control of DEA in 1980.)
You can deal either with the DEA or FBI for a reward to be paid under 21
USCS 886. After reading the book "Deep Cover," you may lean towards the FBI
as more reliable and trustworthy. But, it might depend more on the agent
you deal with.
"Original Information"
The wording "original information" means that once you have disclosed the
details to any law enforcement agency it is no longer original information.
You might collect a reward from the first party, but no one else if the
wording of their law specifies "original information." Look for that
phrase. If you give the information to Crime Stoppers, for example, and
later try to sell it to Customs, the information is no longer original
information and you would lose the larger Customs reward.
State Rewards
Most states have provisions to pay rewards for information on drug
violations but they may be buried in forfeiture laws.
Example: Arizona's forfeiture law, 13-4315, has a provision for: "Payment
of awards for information or assistance leading to a civil or criminal
proceeding under this (drug law) title."
When such provisions are available in state forfeiture laws, it may be
possible to obtain 50% of the forfeitures and fines from lawbreakers as
well as obtain rewards under federal laws.
The 13-4315 law also says that "Fines that are not suspended constitute a
lien until paid." If a large fine can't be paid right away, it remains in
force as a lien on the lawbreaker's future assets.
Drug-Related Fines and Penalties
For an example, I extracted the essence of Arizona drug laws and itemized
them in abbreviated form for your reference. Each state law will vary
slightly. Some may impose harsher or lenient penalties. In most cases,
assume all violations of drug laws are felonies unless stated otherwise in
your own state's Revised Statutes.
An analysis of Arizona drug laws reveals: 99% of violations are felonies;
that the minimum fine (range) is $750 and up to $2,000 or three times the
value of drugs found, involved in or giving rise to the charge, but not
more than $150,000; Fines for violations involving "hard" drugs (cocaine,
heroin, etc) increase to a maximum of $250,000; One of the provisions of
most fines under drug laws includes the statement "A judge shall not
suspend any part or all of the imposition of any fine required by this
section."
Felonies are rated by classes, with class 1 being the most serious and
class 2 through 6 being decreasingly less serious. Penalties, fines, and
forfeitures are adjusted according to the many factors involved in each
case. It's not possible to state a specific fine and penalty for each class
of felony.
Here's a table to estimate your rewards (50% of the fines and forfeitures,
plus other rewards from USCS 3059 and 886.) To calculate your approximate
rewards, assume the fine is the minimum stated in the law: $750 for
marijuana use, to $100,000 for Class 1 drug violations.
Class 1 from $100,000 to $150,000
Class 2 from $50,000 to $100,000
Class 3 from $25,000 to 50,000
Class 4 from $10,000 to $25,000
Class 5 from $5,000 to $10,000
Class 6 from $750 to $2,000
(Remember, in most cases you can convert these fines to lawsuit awards.)
Abbreviated drug laws - penalties
Marijuana
Possession
less than 1# = class 6 felony
between 1# but less than 8 # = class 5 felony
more than 8# = class 4 felony.
Selling
less than 1# = class 4 felony
more than 1# = class 3 felony
Growing
less than 1# = class 5 felony
more than 1# = class 3 felony
Transporting
less than 1# = class 3 felony
more than 1# = class 2 felony.
Minimum fine $750, maximum $150,000.
Prescription Drugs
Possession or use = class 1 misdemeanor - Fines: up to a maximum of $2,500
Sells or transports = class 6 felony - Fines: up to a maximum of $250,000
Dangerous Drugs - Cocaine, Heroin, etc.
Possess or use = class 4 felony
sell = class 3 felony
Possess equipment to manufacture = class 4 felony
Manufacture = class 3 felony
Administer drugs to others = class 2 felony
Obtain by fraudulent means = class 3 felony
transport for sale = class 2 felony
Drugs to Minors
No person shall employee any minor in any capacity involving any part of
the selling or distribution of drugs
Employ any minor = class 2 felony
sell or transfer to any minor = class 2 felony
Drugs on School Grounds
It is prohibited for any person to be present with one or more persons,
within 300 feet of a school;
to possess, use, or sell marijuana. = class 2 felony
to possess, use, or sell hard drugs = class 2 felony
* * * * * *
Conclusion: Anyone selling or dealing in illegal drugs would be prosecuted
under RICO laws. Drug users who don't sell it (and make a profit) wouldn't
come under RICO, but CrimeFighters would be eligible for basic felony
rewards under 3059 and 886, plus a CrimeFighter civil suit award.
CrimeFighter should negotiate for Federal rewards under 3059 and 886 for a
minimum reward of $500 + $500 for users, depending on the kind of drugs,
and $5,000 to $50,000 for dealers depending on the quantity and value of
drugs seized.
In addition, any cash found in the drug dealer's place of business would be
confiscated as drug proceeds, and the CrimeFighter could get half of the
amount -- often a few thousand to hundreds of thousands of dollars!
If a CrimeFighter videotaped about a dozen or so buyer's license plates, he
or she could make about $600 per buyer (15 - 20 buyers?) or about $20,000
for one week's stake-out and movie-making effort, plus an extra reward of
$5,000 to $25,000 for the dealer. A full time Narc CrimeFighter, working
with the FBI, could make $200,000 a year. A hustler, like Michael Levine,
could make a million! After you read his books, I'm sure you'll agree.
Recommended reading for Narc CrimeFighters
Five pocket books: "Undercover," "Deep Cover," "Drug Agent U.S.A.,"
"Cocaine Wars," and "Rough Justice," Total is about $25. They're listed in
CRIMCAT. They're educational, and fascinating reading.
F9 for next Chapter
Polluter Tooters for Pollution Control
A recent TV program concerning hazardous waste mentioned that, in America
alone, one ton of hazardous waste is created per person per year -- or
about 260 millions tons per year!
Some of the tonnage includes pesticides, fungicides, and rodenticides used
by farmers, ranchers, and homeowners on crops or landscapes to kill
insects, molds, and other pests. Some are strong plant defoliants, such as
Agent Orange, used by individuals and others to kill roadside weeds and
unwanted vegetation.
Industrial wastes fall into a different category than wastes generated by
individuals. Most of industry's toxic wastes are by-products of chemical,
manufacturing, and processing plants. Companies that generate these highly
toxic wastes solve their problem by paying another company to haul it away
and "properly" dispose of it.
Tragically, proper disposal happens only occasionally; 90% of the time the
disposal company illegally dumps the waste and gets away with it! Most
companies who are involved know it. Paying someone else to haul the waste
away lets many well known corporations evade legal responsibility for it.
Illegally disposed waste often ends up in abandoned fields, leaky drums,
and pits where the toxins drain into underground water tables and wells.
When the waste is discovered, sometimes years later, it becomes someone
else's financial or medical problem. These illegal dump sites are prime
targets for CrimeFighters.
Laying Waste
The book "Laying Waste" is a frightening true story of the poisoning of
America by toxic chemicals and focuses on Love Canal in Niagara Falls, N.Y.
Michael Brown, the author, reveals similar episodes in almost every part of
the United States. This book will, or should, scare the hell out of you.
Unfortunately, "Laying Waste" is out of print but may be found in some
libraries (I found a copy in a used book store). Although Canada isn't
targeted in Brown's book, that country isn't immune from pollution, either!
America the Poisoned
"America the Poisoned," by Lewis Regenstein, details another aspect of
(legal) poisoning of the earth, water, air, and food we eat -- by
pesticides, rodenticides, and defoliants worse than Agent Orange! This
legalized poisoning covers millions of acres of national forests and
farmlands. This book is worth reading too, even though there are no rewards
paid because this pollution is legally sanctioned by the government!
The back cover of this book says:
"Today, on the twentieth anniversary of "Silent Spring," almost all of the
toxic chemicals that Rachel Carson warned us about are still in widespread
use. The few that have been restricted have often been replaced by equally
or more dangerous compounds. And a thousand new and largely untested
chemicals are introduced each year.
"America The Poisoned, written by respected environmentalist Lewis
Regenstein, is the shocking story of what the U.S. Environmental Protection
Agency has called the "most grievous error in judgment we as a nation have
ever made." It documents for the first time, how toxic substances are
literally killing and disabling millions of Americans as well as
contaminating our environment -- in some cases permanently.
"The results of our contact with cancer-causing chemicals are now apparent:
one out of every four Americans can expect to get cancer. This means that
of Americans now alive, over 56 million will contract the disease, which
kills over 1,000 of us every day. The chances of having cancer by the age
74 are almost one in three.
"America the Poisoned" reveals that by the time the government got around
to generally banning some of the most deadly chemicals and pesticides --
dieldrin, PCBs, BHC, and DDT -- these toxins were being found in the flesh
of 99% of all Americans tested, as well as in our food, air, and water.
They cause cancer, birth defects, and other disorders at extremely low
doses in laboratory animals, and are presumably capable of doing so in
humans as well. Mother's milk has become so contaminated with banned
chemicals that it would be illegal to sell it in supermarkets!
"The amount of toxic wastes produced in the United States each year amounts
to over 600 pounds for every man, woman, and child -- and only 10% of it is
properly disposed of. We are now sowing the seeds for future epidemics of
cancer, deformed children, and Love Canals." Unquote.
Poisoning for Profit
"Poisoning for Profit," by Alan Block and Frank Scarpitti, contains a few
excerpts from Michael Brown's book but concentrates on the increasingly
dangerous role of the Mafia in the waste industry.
The author concentrates of the prosecution of the mafia and the problems
encountered (and made) by prosecutors. It emphasizes the dangerous role of
undercover agents and the part they play. It also reveals their failure due
mainly to insidious graft and corruption of government officials, including
the EPA!
Many stories concern sloppy record keeping and casual control of evidence
by the EPA. This book reaffirms my contention that CrimeFighters need to
assume control of a case (via Qui Tam) or they will become as frustrated as
the police when a prosecutor loses evidence, fails to prosecute, or plain
refuses to prosecute.
If you plan on being an active "polluter tooter," collecting and revealing
evidence of pollution, be sure to read this book. It may scare you off, but
if it doesn't, at least you'll know what you're getting into. On the plus
side, million-dollar rewards are possible from nailing the Mafia and large
corporations that seemingly don't give a damn.
Excerpt from "Poisoning for Profit":
"The poisoning of America, by the illegal and indiscriminate disposal of
toxic and hazardous waste, is a problem of enormous magnitude. Industrial
poisons are seeping their way into the food chain and the drinking water
supply in ways that make it unlikely if not impossible to stop. Among the
many reasons why this is so is that organized crime is involved in the
illegal and dangerous disposal of the most deadly wastes known to humans.
"There is little doubt that part of the waste industry has been penetrated,
dominated, and controlled by organized crime. Our contention, however, is
that organized crime's waste racket is larger and more dangerous to the
public welfare than anyone has yet recognized. One of the differences
between the waste racket and other businesses run by organized crime is
that in matters of waste there are potentially vast numbers on unknowing
victims. Unlike gambling, for instance, the public has no choice of
participation. No one can simply decide not to be a victim of industrial
poisons that have been dumped in landfills, on highways, into sewers,
rivers, and streams by organized crime.
"Organized crime is not the only culprit involved in this extraordinarily
dangerous development. Responsibility for the situation also rests with
many of the generators of toxic and hazardous waste. Some of the largest
and most prestigious companies in the petro-chemical industry knowingly
deal with organized crime disposal firms because they provide a cheap way
of getting rid of their most harmful wastes. Government, too, has failed in
its protection of the public welfare. The laws passed to regulate the toxic
and hazardous waste disposal industry have enough loopholes in them to
allow the biggest tankers through. And if that isn't enough encouragement
for organized crime and its industrial partners, the almost total lack of
meaningful enforcement is." Unquote.
Key words in the above quote are some of the largest and most prestigious
companies... knowingly deal with organized crime ... and the almost total
lack of meaningful enforcement.
The problem is, there aren't enough EPA "cops" following tanker trucks when
they leave petro-chemical industrial sites, or checking on tankers when
they're dumping in (legal) landfills. The EPA and local police can't handle
it because of the sheer numbers of such trucks nationwide. It's up to
CrimeFighters to volunteer to be environmental cops - or polluter tooters!
Trucks hauling toxic and hazardous wastes are required to have signs on
them (skull and crossbones) indicating they are hauling toxic wastes. If
you see any on the road, tail them, find where they're going, and where
they dump their loads. Check at the dump site and take samples of the
material dumped. Have an independent lab test the material for toxic and
hazardous waste material. When you tell them it's a sample from a suspected
illegal toxic waste dumping, there may be no charge for the testing. Ask
first. Try to recruit a chemist as a polluter tooter buddy. Also, be sure
to use your camcorder to record the suspected criminal activity.
If they are illegally dumping toxic and hazardous wastes, use a camcorder
to get the evidence you need to nail both the "prestigious companies" and
the illegal waste disposal firms. If you have a cellular phone, call the
police to make an arrest. It's dirty and dangerous work, but odds are, the
fines and forfeitures will be in the multi-million dollar range. You can
get half, plus rewards!
Around 1980, the EPA had conservatively estimated more than 50,000
hazardous waste dumps. A recent (1990) TV documentary on pollution
mentioned 28,000 known and EPA registered hazardous waste dump sites. But
an estimated 425,000 similar, unregistered dumps are hidden from sight
throughout the United States. The majority of them are potential polluters
of the nation's drinking water.
EPA-registered sites are not necessarily "safe" just because they're known.
They need to be monitored to make sure the contents of toxic materials
doesn't enter an underground water table and well water.
It has taken nature thousands of years to build up water tables from which
we obtain well water for drinking. When a water table becomes poisoned it
takes ten times longer (if ever) to purify itself. There is no practical
method to undo water table pollution. Using water filters and even reverse
osmosis can't strain water-soluble chemicals. Distilling the water may be
the only solution, but that's not practical for the billions of people and
wild animals in the world.
Contaminated areas endanger human and animal populations similar to and to
the same extent as animals were endangered years ago by DDT poisoning, as
mentioned in Rachael Carson's best-selling book "Silent Spring."
Many illegal hazardous waste dump sites are located in wooded areas, out of
sight from the road. They usually contain a mixed bag of refuse, such as
wrecked and rusting vehicles, construction waste materials, and old tires.
Hidden in the garbage are dozens to hundreds of barrels of PCBs and other
dangerous chemicals. These unregistered, uncontrolled dump sites (close to
10,000 in each State) are ticking ecological time bombs -- rusting barrels
about to leak or break and spill their poisonous contents on the ground.
Then cancer-causing contents will wind up in the underground water
reservoirs used by thousands of communities and millions of people.
You can obtain a list of registered dump sites from the EPA in your State,
or from Citizen's Clearinghouse for Hazardous Wastes (CCHW), a center for
Environmental Justice. Ask them for a listing of Toxic Waste Sites for your
State. Each list costs $2.50 from CCHW. They have dozens of other related
publications for educational purposes; ask for their catalog. The address
is: P.O. Box 926, Arlington, VA 22216. (703) 276-7070.
* * * * * *
Here's a few quotes from "Laying Waste" that mention illegal, toxic waste
dumps, which is what this chapter is mainly concerned with - illegal dump
sites, and how they're spawned.
"A common practice for disposers, especially small ones, is to collect
enough drums to fill several acres of a lot, charge industries for non-
existent waste treatment, and then simply abandon the leach beds and
deteriorating drums for the taxpayer to contend with. There are enough of
these cases to fill a huge book. A company ironically called Pollution
Abatement Services of Oswego, New York, left about 8,000 drums in one
parcel and hundreds of others at several other disposal sites; no one is
quite sure what is in all of them. The firm was founded by several
professionals in Oswego who, after deciding that they could not operate
properly and profitably at the same time, declared the firm "hopelessly
insolvent" and simply left the toxicants near the shores of Lake Ontario,
where the nauseating fumes permeate the immediate vicinity.
"One such toxic waste dump site operator was interviewed by ABC Television
network and was quoted as saying "the economics behind it is if you don't
have to treat it, there's no cost except for transport." In this manner, it
was suggested, a hauler could purchase a truck, charge up to $30 a barrel
for disposal of each drum, fill the trailer with the drums of toxic waste
material, and simply abandon the vehicle at the side of the road, escaping
with the profits. William Carracino of New Jersey, the acknowledged
polluter in the TV interview further suggested another alternative: "You
can go out and rent a piece of property - rent it, don't buy it. Rent ten
acres, twenty acres, get a permit to handle drums. Bring it on the property
and just store them. As soon as the heat gets too great, just go bankrupt,
get out of it.
"The awesome difficulty of controlling pollutants is implied in the sheer
tonnage of chemical production. Whereas 25 million gallons of the solvent
benzene were manufactured in 1940, by the early 1980's the figure will
approach 2 billion gallons in the United States alone. In the last fifteen
years the production of organic solvents rose more than 700 percent, while
during the same period plastics shot up 2,000 percent and synthetic fibers
more than double that figure.
"As important as the specific actions of chemical agents are the sheer
volume and variety of their wastes. During the period from 1943 to 1968,
United States consumption of selected toxic materials increased by 43
percent. Production of synthetic organic chemicals has grown at a yearly
rate of more than 10 percent per year since 1954 in the form of such
materials as dyes, pigments, and the biocides. Meanwhile, each year
approximately 1,000 new chemicals are added to the 70,000 already in
existence, often more sophisticated than their predecessors and even more
alien to the human system.
"It can be roughly estimated that during the past several years, upwards of
35 million tons, or 70 billion pounds, of hazardous waste have been
generated per year, far in excess of the ten million tons produced in 1970.
And the trend is expected to maintain this same rate of increase at least
until 1984, when more than 400 million tons of hazardous waste and semi-
hazardous waste or innocuous industrial waste - more than twice the
combined amount of municipal garbage and sewage - will be piling into the
environment each year." Unquote.
The above paragraphs were taken from a few pages of the 335 pages in
"Laying Waste," which describes in grisly detail hundreds of even more
terrifying examples of the extent of human suffering and land devastation
that illegal dumping (abandonment) of toxic wastes has caused -- and the
book was written in 1952!
Current tonnage of toxic waste is anyone's guess because only legal dumping
is reported; Michael Brown estimated about 400 million tons by 1984. I'd
estimate close to 800 million tons (legal and illegal) by 1993, and it's
growing by leaps and bounds each year. The amount dumped illegally and
unknown to the government is probably close to 400 million tons per year.
Waste disposal is proliferating, but the EPA doesn't have the resources to
monitor all of it. Illegal dump sites are not a thing of the past. There
are probably ten times more illegal dump sites now than there were in 1980,
and ten times the horror stories. They'll be told when the toxic dumps are
found. We hope they'll be found before they've poisoned the water in rivers
that provide drinking water to millions of people.
Incidentally, another book "Nor Any Drop To Drink," by William Ashworth and
published by Summit Books, tells about our dwindling supply of drinking
water. The back cover of his book is worth quoting:
Not a Drop to Drink
"We are so used to turning on the tap and having fresh pure water instantly
available that it is difficult to imagine that it won't always be there.
But the way we handle our water is nothing short of disastrous.
The Great Plains groundwater supplies, which sustain a large part of our
agriculture, will be exhausted by the year 2000.
Orlando, Florida, is caving in on itself and Houston is sinking into the
sea because they have overdrawn their underground resources.
The main underground reservoir for Long Island has become an industrial
sewer.
The Colorado River is turning to salt.
None of these problems were naturally inevitable. They, and many more like
them, are all man-made." Unquote.
Comment: Most of the main rivers and watersheds are also becoming polluted
to the point they'll soon be unsafe to drink. And, if the toxic chemicals
are water soluble, as many of them are, filtering polluted water through
sand and gravel, or even reverse osmosis won't make it safe for drinking.
What will we do then?
Our wells and aquifers are running dry, and other fresh water resources are
in danger of irreversible pollution. We can't stop drinking water, but we
can help to stop the pollution by enlisting the aid of a few thousand
Polluter Tooters.
That's your assignment, if you care enough to accept it.
Piercing the Corporate Veil
Mentioned above is the possibility of plain and simple abandonment of toxic
wastes by an individual or a corporation. That doesn't let them off the
hook. When a corporation does it, directors and officers of the corporation
can be held personally responsible when there is evidence of criminal
intent (knowingly and willfully, or aiding and abetting criminal activity)
or evidence of indifference to prevent illegal activity (criminal
negligence). Saying "I didn't know about it", is usually not satisfactory.
The civil suit charge of "negligent entrustment" may be applicable.
Directors and officers are supposed to know about corporate activity and
control the actions of employees. When they don't, and laws are broken for
corporate profit, officers and directors can also be charged. In legal
circles this is known as "piercing the corporate veil."
If the corporation makes a profit from illegal activity, the profit can
usually be traced via an audit trail. If the audit trail is incomplete, the
IRS may decide to lay charges of tax evasion as well. All illegal profits
might be forfeited directly as fruits of criminal activity, or indirectly
by fines and forfeitures.
This is where a "skip tracer" comes in. A good one knows how to use
computers to search corporate records to find the owners of corporations,
locate their bank accounts, and find hidden assets.
In most cases of illegal pollution, profits from the illegal activity are
usually not declared and taxes are not paid. If the CrimeFighter can prove
it, he should consider asking laying charges of tax evasion.
In civil suits, a freeze on assets can be immediate -- to safeguard the
assets in the suit. In most cases, illegal profits are invested in a
legitimate business. The legal investments become "the fruits of criminal
activity." Use RICO and Qui Tam to take their businesses away from them.
* * * * * *
Examples of Pollution
Three cities in Indiana were fined $20 million for polluting the Allegheny
River after repeated warnings to cease and desist. The EPA finally hauled
them into court, and the court levied an appropriate fine in proportion to
the amount and extent of the pollution as a warning to others.
During the same month, a chemical manufacturer, who allowed leaking drums
of toxic chemicals to spill their contents into the ground and pollute the
ground water, was fined $3.2 million.
These two incidents were reported in the New York Times and were found on
microfiche in a public library. During the last ten years, many other
pollution incidents have resulted in huge fines being levied by the courts.
A fairly recent one, on June 1, 1990, was reported in the Register-Guard
(Eugene,Oregon). The headline read, "Company accused of illegal dumping".
An excerpt from that story:
"A defunct petroleum company was charged Thursday with illegally burning,
dumping and storing hazardous waste, including surplus napalm bombs.
Prosecutors alleged that a puddle of waste from the company was so toxic it
melted the shoe soles of a passing jogger." (This "waste disposal" plant
operated about three miles from downtown Salt Lake City.)
"A 12-count indictment alleges that Steven Self of Fallbrook, Calif., and
his defunct Ekotek Inc. of knowingly ignoring federal environmental laws.
The indictment alleges Ekotek "duped environmentally conscious businesses
into believing that waste materials were being properly disposed of."
Company vice president Steven Miller pleaded guilty Wednesday to three
felony charges of conspiracy and violations of federal environmental laws.
"Ekotek -- which was in the business of recycling or destroying waste oil
products -- discharged into the public sewer system approximately 10,000
gallons of (toxic) waste water per day, the indictment said.
"Miller, who agreed to testify against Self and cooperate with cleanup
officials in exchange for his plea (bargaining), faces up to 13 years in
prison and a fine of up to $750,000.
"If convicted on all charges, Self and the company (Ekotek) may be fined up
to $24 million and Self would face a prison term of up to 45 years."
Air Pollution
Another book, by Michael Brown, "The Toxic Cloud" ($9.95), tells about the
poisoning of America's air. It's another bombshell disclosure about
corporations and others, who pollute the air with extremely dangerous
chemical fumes, toxic smoke from burning hazardous waste, industrial trash,
and all kinds of plastics, which create highly toxic clouds of poisonous
vapors -- many unseen -- wafting across the nation and breathed by
everyone.
AIDS pales in comparison to the poisoning of America's air and water which,
in the long run, may kill or seriously impair the health of everyone.
Here's what the back cover of "The Toxic Cloud," says:
"Something in the air is wearing away the tombstones of Jacksonville,
Arkansas. It's caused a rash of leukemia deaths in Port Neches, Texas, and
dime-sized holes between the nostrils of workers in Newark, N.J. In rural
Michigan, geese are born with their wings on backwards; in Casmalia,
California, a man explodes from pulmonary swelling; in Tennessee,the Blue
Ridge Mountains are turning dark brown.
" Respiratory disease is the most rapidly increasing form of death in the
United States. Yet Industrial leaks, accidents, and completely unregulated
emissions throw billions of pounds of gases, particles, and vapors into the
air we breathe. Some of these toxins are like World War II nerve gas; some
are what caused the tragedy of Bhopal; some are dioxins; and some we know
nothing about." Unquote.
Comment: The tonnage of pollutants quoted above vary in number by each
author mainly because they were taken at different years. I've quoted them
correctly (for those different time periods). However, their figures need
to be increased proportionately for the passage of time, the increased
proliferation of toxic chemicals, and the increase in legal and illegal
dumping and spraying.
Incentives
Everyone is adversely affected by pollution -- especially toxic pollution
of land, water and air. I agree with politicians who say that helping to
prosecute pollution violators is reward in itself. However, being a
Polluter Tooter can be an very hazardous job. You should be paid, too.
Protective clothing is essential when you approach a suspected polluted
area. Rubber gloves and boots, and even a gas mask, are recommended. A
bullet-proof vest might also be part of your gear. "Poisoning for Profit"
explains Organized Crime's heavy infiltration in this illegal but very
lucrative activity. Because of the danger, Polluter Tooters should be
compensated by substantial monetary rewards.
Fortunately, a couple of current laws provide appropriate and substantial
rewards plus 50% of the fines and forfeitures!
Environmental Laws
Title 33 - Navigation and Navigable Waters
33 USCS 407
Deposit of Refuse in Navigable Water Generally
It shall not be lawful to throw, discharge, or deposit, or cause, suffer,
or procure to be thrown, discharged, or deposited either from or out of any
ship, barge, or other floating craft of any kind, or from the shore, wharf,
manufacturing establishment, or mill of any kind, any refuse matter of any
kind or description whatsoever other than that flowing from streets and
sewers and passing therefrom in a liquid state, into any navigable water of
the United States, or into the tributary of any navigable water from which
shall float or be washed into such navigable water; and it shall not be
lawful to deposit, or cause, suffer, or procure to be deposited material of
any kind in any place on the bank of any navigable water, or on the bank of
any tributary of any navigable water, where the same shall be liable to be
washed into such navigable water, either by ordinary or high tides, or by
storms or floods, or otherwise whereby navigation shall or may be impeded
or obstructed...."
* * * * * *
Comment: the remainder of this section makes exceptions for the lawful
construction of, and improvements to, bridges, wharfs, or projects that are
authorized by the government.
The term "navigable waters" includes any flowing stream that has water deep
enough to float a boat or log at high tide. The term "refuse" has been
broadly defined by the Supreme Court to include all foreign substances and
pollutants, including solids of all kinds, oils, chemicals, and any other
liquid pollutants. The only materials excepted are runoffs from sewers in
liquid form.
Manufacturing plants, pulp mills, and similar industrial firms are
conveniently located on rivers and waterways for both fresh water intake
and to discharge their (polluted) wastewater and other matter. The latter
is usually illegal unless the company has a permit form the Corps of
Engineers and is monitored by them. Companies know the Corps would not give
them a permit to discharge hazardous wastes, and hauling their many tons of
toxic waste is very expensive. They are tempted to illegally discharge it
in nearby rivers and streams. They're the ones to watch for late night
discharges from pipes, truck tankers, and drums.
* * * * * *
33 USCS Section 411
Reward for Information Leading to the Arrest of Anyone who Violates the
Refuse Act and Resultant Pollution of Navigable Waters.
Every person and every corporation that shall violate, or that shall
knowingly aid, abet, authorize or instigate a violation of the provisions
of sections thirteen, fourteen, and fifteen of this Act (33 USCS sec 407,
408, 409) shall be guilty of a misdemeanor, and on conviction thereof shall
be punished by a fine not exceeding $2,500 nor less than $500, or by
imprisonment (in the case of a natural person) for not less than thirty
days nor more than one year, or by both such fine and imprisonment, in the
discretion of the court, one-half of said fine to be paid to the person or
persons giving information which shall lead to conviction."
* * * * * *
CrimeFighters will seldom chance upon a one-time violator. Repetitive
violators are the ones most likely to be found. A fine of up to $2,500 to
$25,000 per day, for each violation, can become hundreds of thousands of
dollars. Fines range into millions of dollars for corporate or municipal
violators.
The phrase "in the discretion of the court" applies to the size of the
fine, not how much will be paid to the CrimeFighter. CrimeFighters get paid
50% of the fines and forfeitures!
The 1972 Water Pollution Control Act amendments provide more stringent
federal standards for toxic discharges, a heavier fine from $2,500 up to
$25,000 PER DAY for first offense and up to $50,000 a day for subsequent
convictions. The 1972 amendments includes a specific provision by which
citizens can initiate lawsuits to enforce standards (under Qui tam law).
In addition, the court may authorize forfeiture of vehicles and related
equipment when they're actually used in the violation.
A more recent law, known as the "Comprehensive Environmental Response,
Compensation and Liability Act of 1980," is referred to as Title 42, USCS
9601 et sequence. This one, more or less replaces the "1899 Refuse Act"
(Title 33 USCS 407). But, since both are still on the books, either one
may be used, whichever is the most "rewarding" to the Crimefighter.
The 1899 Refuse Act provides the maximum reward percentage of 50%, but not
necessarily the largest reward. If violations have occurred repeatedly
over a long period, the $2,500 to $25,000 per day accumulated fines may be
a considerable amount. Both laws should be analyzed to determine which one
provides the maximum financial penalty and reward.
Title 42 USCS 9602
USCS 9602 is rather long. I'll omit some of the sections and paragraphs for
the sake of brevity, but will include those I believe are relevant to a
CrimeFighter.
"USCS 9602 - Designation of Additional Hazardous Substances and
Establishment of Reportable Released Quantities; Regulations
(a) The Administrator (E.P.A.) shall promulgate and revise as may be
appropriate, regulations designating as hazardous substances, in addition
to those referred to in section 101(14) of this title [42 USCS 9601(14)],
such elements, compounds, mixtures, solutions, and substances which, when
released into the environment may present substantial danger to the public
health or welfare or the environment, and shall promulgate regulations
establishing that quantity of any hazardous substance the release of which
shall be reported pursuant to section 103 of this title [42 USCS 9603]. The
Administrator may determine that one single quantity [one pound] shall be
the reportable quantity for any hazardous substance, regardless of the
medium into which the hazardous substance is released. For all hazardous
substances for which proposed regulations establishing reportable
quantities were published in the Federal Register under this subsection on
or before March 1, 1986, the Administrator shall promulgate under this
subsection final regulations establishing reportable quantities not later
than December 31, 1986. For all hazardous substances for which proposed
regulations establishing reportable quantities were not published in the
Federal Register under this subsection on or before march 1, 1986, the
Administrator shall publish under this subsection proposed regulations not
later than December 31, 1986, and promulgate final regulations not later
than April 30, 1988.
* * * * * *
Comment: That means, in effect, any toxic (hazardous) material released in
any way into the environment, whether in the air, on the land, or in the
water, directly or indirectly, must be reported by the person disposing of
such hazardous waste and if such is not reported and regulated (under
stringent conditions), is illegal and punishable by law (Title 42, Public
Health and Welfare, USCS 9609). This law is applicable to illegal dump
sites.
42 USCS 9603 - 9608 are exceptionally long and deal with directions to the
EPA to establish regulations, reporting and bookkeeping requirements for
companies, and so on. If you want to be a serious Polluter Tooter, go to
your library and make photocopies of the entire text which takes about ten
pages of copy. I'll skip those in this book to get to the penalties and
reward section.
(Where the law says "the President", it doesn't really mean the President
himself. It means the U.S. Attorney, or the local Assistant U.S. Attorney,
or in the event you are eligible via Qui Tam law, and want to assert your
right to be the prosecutor, it means YOU!)
42 USCS 9609 Civil Penalties and Awards
(a) Class I administrative penalty. (1) Violations. A civil penalty of not
more than $25,000 per violation may be assessed by the President in the
case of any of the following-
(A) A violation of the requirements of section 103(a) or (b) [42 USCS 9603]
(relating to notice).
(B) A violation of the requirements of section 103 (d)(2) [42 USCS 9603]
(relating to destruction of records, etc.).
(C) A violation of the requirements under section 108 [42 USCS 9608]
(relating to financial responsibility, etc., the regulations issued under
108, or with any denial or detention order under section 108.
(D) A violation of an order under section 122(d)(3) [42 USCS 9622]
(relating to settlement agreements for action under section 104(b).
(E) Any failure or refusal referred to in section 122(l) [42 USCS 9622(l)]
(relating to violations administrative orders, consent decrees, or
agreements under section 120 [42 USCS 9620]
(2) Notice and hearings. No civil penalty may be assessed under this
subsection unless the person accused of the violation is given notice and
opportunity for a hearing with respect to the violation.
(3) Determining amount. In determining the amount of any penalty assessed
pursuant to this subsection, the President shall take into account the
nature, circumstances, extent and gravity of the violation or violations
and, with respect to the violator, ability to pay, any prior history of
such violations, the degree of culpability, economic benefit or savings (if
any) resulting from the violation, and such other matters as justice may
require.
(4) Review. Any person against whom a civil penalty is assessed under this
subsection may obtain review thereof in the appropriate district court of
the United States by filing a notice of appeal in such court within 30 days
from the date of such order and by simultaneously sending a copy of such
notice by certified mail to the President. The President shall promptly
file in such court a certified copy of the record upon which such violation
was found or such penalty imposed. If any person fails to pay an assessment
of a civil penalty after it has become final an unappealable order or after
the appropriate court has entered final judgment in favor of the United
States, the President may request the Attorney General of the United States
to initiate a civil action in any appropriate district court of the United
States to collect the penalty, and such court shall have jurisdiction to
hear and decide any such action. In hearing such action, the court shall
have authority to review the violation and the assessment of the civil
penalty on the record.
(5) Subpoenas. The President may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers, books, or
documents in connection with hearings under this subsection. In case of
contumacy or refusal to obey a subpoena issued pursuant to this paragraph
and served upon any person, the district court of the United States for any
district in which such person is found, resides, or transacts business,
upon application by the United States and after notice to such person,
shall have jurisdiction to issue an order requiring such person to appear
and give testimony before the administrative law judge or to appear and
produce documents before the administrative law judge, or both, and any
failure to obey such order of the court may be punishable by such court as
a contempt thereof.
(b) Class II Administrative penalty. A civil penalty of not more than
$25,000 per day for each day during which the violation continues may be
assessed by the President in the case of any of the following -
(1) A violation of the requirements of section 103(a) or (b) [42 USCS 9603]
(relating to notice).
(2) A violation of the requirements of section 103 (d)(2) [42 USCS 9603]
(relating to destruction of records, etc.).
A violation of the requirements under section 108 [42 USCS 9608] (relating
to financial responsibility, etc., the regulations issued under 108, or
with any denial or detention order under section 108.
(4) A violation of an order under section 122(d)(3) [42 USCS 9622]
(relating to settlement agreements for action under section 104(b).
(5) Any failure or refusal referred to in section 122(l) [42 USCS 9622(l)]
(relating to violations administrative orders, consent decrees, or
agreements under section 120 [42 USCS9620]
In the case of a second or subsequent violation the amount of such penalty
may not be more than $75,000 for each day during which the violation
continues. Any civil penalty under this subsection shall be assessed and
collected in the same manner, and subject to the same provisions, as in the
case of civil penalties assessed and collected after notice and opportunity
for hearing on the record in accordance with section 554 of title 5 of the
United States Code. In any proceeding for the assessment of a civil penalty
under this subsection the President may issue subpoenas for the attendance
and testimony of witnesses and the production of relevant papers, books and
documents and may promulgate rules for discovery procedures. Any person who
requested a hearing with respect to a civil penalty under this subsection
and who is aggrieved by an order assessing the civil penalty may file a
petition for judicial review of such order with the United States Court of
Appeals for the District of Columbia Circuit or for any other circuit in
which such person resides or transacts business. Such a petition may only
be filed within a 30-day period beginning on the date the order making such
an assessment was issued.
(c) Judicial assessment. The President may bring an action in the United
States district court for the appropriate district to assess and collect a
penalty of not more than $25,000 per day for each day during which the
violation (or failure or refusal) continues in the case of any of the
following -
(1) A violation of the requirements of section 103(a) or (b) [42 USCS 9603]
(relating to notice).
(2) A violation of the requirements of section 103 (d)(2) [42 USCS 9603]
(relating to destruction of records, etc.).
(3) A violation of the requirements under section 108 [42 USCS 9608]
(relating to financial responsibility, etc., the regulations issued under
108, or with any denial or detention order under section 108.
(4) A violation of an order under section 122(d)(3) [42 USCS 9622]
(relating to settlement agreements for action under section 104(b).
(5) Any failure or refusal referred to in section 122(l) [42 USCS 9622(l)]
(relating to violations administrative orders, consent decrees, or
agreements under section 120 [42 USCS9620]
(d) Awards. The President may pay an award of up to $10,000 to any
individual who provides information leading to the arrest and conviction of
any person for a violation subject to a criminal penalty under this Act,
including any violation of section 103 [42 USCS 9603]and any other
violation referred to in this section. The President shall, by regulation,
prescribe criteria for such an award and may pay any award under this
subsection from the Fund, as provided in section 111 [42 USCS 9611].
* * * * * *
Comment: The maximum reward of $10,000 is relatively small when compared to
other laws that pay 50% of all fines and forfeitures. Depending on the
circumstances, RICO may apply. If RICO can be used, it may provide a larger
reward via 50% of fines and forfeitures. Also negotiate a $25,000 reward
under the catch-all reward law 18 USCS 3059.
Remember, as prosecutor, you determine which laws you want to use. If any
agency wants to do the prosecution, you should negotiate to get the same
reward if you prosecuted the case yourself.
* * * * * *
Here's another law that pertains to solid wastes.
Title 42 USCS 6901 et seq. is a specific law to control solid wastes, and
in particular, is relevant to illegal and unregulated dump sites for
hazardous wastes.
42 USCS 6901 is also very lengthy. I'll try to condense the two or three
pages of the usual preamble, and administrators duties and other lengthy
wording to just a couple of short chapters -- in my own words.
6928(c) Federal enforcement, deals with penalties for violations.
6928 Violation of compliance orders. Violators are warned to comply with
EPA's rules, regulations and standards. If they don't, they may be fined a
civil penalty of $25,000 for each day of continued non-compliance.
6928(d) Criminal penalties. Any person who knowingly transports, treats or
disposes of any hazardous waste identified or listed under this subchapter
to a facility which does not have a permit, or omits information, or lies
about it to cover it up, or does anything that is intended to violate this
law, can be fined up to $50,000 for each day of violation or imprisonment
not to exceed two years, or five years if knowingly and willfully trans-
ports, treats and stores hazardous wastes in violation of this section.
In addition, if the violator knows at the time of the violation he places
any other person in imminent danger of death or serious bodily injury, he
can be fined up to $250,000 or imprisoned for not more than fifteen years,
or both. A violator who is an organization shall be fined not more than
$1,000,000.
(g) Civil penalty. May be fined $25,000 for each violation. Each day of
such violation shall be considered as a separate violation.
* * * * * *
Comment: Unfortunately, lawmakers have overlooked the usual reward for
information leading to the arrest and conviction for this law [42 USCS 6901
et seq.], which is the heart and guts of serious pollution control of
illegal dump sites. However, unless the law forbids rewards, assume they
are available and negotiable. Where a law is weak or fails to provide a
reward, use RICO and other laws that pay more generous rewards.
33 USCS 1319, a law on enforcement of pollution standards (mentioned
below), provides for civil action related fines. It doesn't provide a
reward to be paid for information leading to the conviction of violators.
If there's no felony charges, there is no possible reward available under
USCS 3059. In this situation, use civil suits to maximize your rewards via
out-of-court settlements of a Crimefighters' civil suit.
Each State has similar criminal and anti-pollution laws, that may be used
instead of Federal laws, providing they are at least as strict as Federal
laws and pay generous rewards.
If the violator is in the business of handling and disposing of toxic
wastes for large corporations as an example, RICO can be used. RICO may
also apply to the toxic waste corporations if it can be proved they were
negligent in ensuring proper disposal ("negligent entrustment").
Be sure to talk to a lawyer before deciding on which law to use to maximize
your rewards. There are many to choose from, but not all are equal.
Title 33 USCS 1315 et seq. provides National standards of performance
(guidelines) for toxic wastes and pollution controls. The information in
these sections are important to Polluter Tooters who want to zero in on
this aspect of criminal activity. It's too lengthy to include here. This
book is mainly concerned with laws that provide rewards to citizens to help
law enforcement. (Visit a library and make photocopies of pages you want.)
USCS 1316 contains a shopping list of possible pollution sources that may
provide you with more specific direction. If any are in your neighborhood,
check them out for possible pollution violations:
Pulp and paper mills; paperboard, builders paper and board mills; meat
product and rendering processing; dairy product processing; grain mills;
canned and preserved fruit and vegetable processing; canned and preserved
seafood processing; sugar processing; textile mills; cement manufacturing;
feedlots; electroplating; organic chemicals manufacturing; inorganic
chemicals manufacturing; plastic and synthetic materials manufacturing;
soap and detergent manufacturing; fertilizer manufacturing; petroleum
refining; iron and steel manufacturing; nonferrous metals processing;
ferroalloy manufacturing; phosphate manufacturing; steam electric power
plants; leather tanning and finishing; glass and asbestos manufacturing;
rubber processing; and timber products processing.
Recommended Reading
Try to obtain Michael Brown's books," Laying Waste," and "The Toxic Cloud"
for facts and figures, names of companies, cities and towns with severe
pollution. Both are out of print. Look for them in used book stores. They
may be found in public libraries.
If you're interested in learning about water pollution, and want to know
more about it, write to Citizen's Clearinghouse for Hazardous Wastes, Inc.,
P.O. Box 926, Arlington, VA 22216. Ask for their catalog.
F9 for next Chapter
Terrorists, Police Corruption, and Assassination
Terrorist activity isn't confined to the Middle East or Ireland.
There always has been, and probably will always be radical groups in a free
society. In America, our freedom of speech tolerates radical groups --
especially when they are based on religion. Radical groups too often use
violence or threats of violence to get their way. When they are ignored, it
usually leads to death threats, bombings and other means of deadly
violence. When that happens, they are terrorists by legal definition.
Sometimes it starts out as just another way to make a living, by collecting
donations from members and financial supporters. But leaders of such groups
are on an ego trip. They enjoy the power over their followers. They impose
strict rules on followers and harsh punishment when they break the rules.
Eventually, it gets out of control. To remain a leader, the self-appointed
person must eventually practice what he's been preaching -- physical
violence. If he doesn't, a more aggressive member will take over and lead
the group to it's final conclusion -- deadly violence!
Recent escalation of Anti-abortionists' activities include fire bombing,
nauseous chemical spraying of clinics, and finally, the murder of a medical
doctor. Anti-abortionists who use violence or threats of violence to force
their viewpoints on the public (and clerics who publicly support and
encourage them) are terrorists by definition. They should be prosecuted as
terrorists, and pay the price for terrorizing innocent people who don't
agree with their religious or political beliefs.
When a "priest" uses his official position or the pulpit to encourage or
support terrorist acts, the church itself, or any building where church
services are performed, should be forfeited as the "vehicle" instrumental
and related to proven terrorist acts!
* * * * * *
Another example: "60 minutes" devoted a segment of their program on Dec. 9,
1990 to an activist group in Milwaukee called the Black Panthers. Their
leader, Mike McGee, an alderman of the city, was shown wearing a khaki
uniform similar to Fidel Castro's. The theatrical effect showed the
militant posture of his group -- presumably as a revolutionary leader.
He was openly preaching that violence is the only way to get "proper"
attention to make economic reforms for the black community. Unless their
(vague) demands for a better life are met by 1995, he promised violence in
the streets.
When I read the following definition of Acts of terrorism, I believe
that Mike McGee and many others like him are simply terrorists. Many
radicals use violence as a means of drawing attention to their groups.
Their main goal in life (it seems) is to be constantly embroiled in a
conspiracy to threaten, or actually commit, terrorist acts!
CrimeFighters should look for such groups. Join them as undercover agents
to get the required evidence for prosecution as terrorists. There are large
rewards from $100,000 to $500,000 to pay for your time and personal risk.
Terrorists are dangerous. Religious terrorists are the deadliest because
members often feel they are martyrs to the cause and "expendable", and
blessed, when they Kill in the name of their God!
* * * * * *
18: USCS 3071 through 3074
Reward for Information Concerning Terrorist Acts
3071. Information for which rewards authorized
With respect to acts of terrorism primarily within the territorial
jurisdiction of the United States, the Attorney General may reward any
individual who furnishes information - -
(1) leading to the arrest or conviction, in any country, of any individual
or individuals for the commission of an act of terrorism against a United
States person or United States property; or
(2) leading to the arrest or conviction, in any country, of any individual
or individuals for conspiring or attempting to commit an act of terrorism
against a United States person or property: or
(3) leading to the prevention, frustration, or unfavorable resolution of an
act of terrorism against a United States person or property.
3072. Determination of Entitlement; maximum amount; Presidential approval;
conclusiveness.
The Attorney General shall determine whether an individual furnishing
information described in section 3071 is entitles to a reward and the
amount to be paid. A reward under this section may be in an amount not to
exceed $500,000. A reward of $100,000 or more may not be made without the
approval of the President or the Attorney General personally. A
determination made by the Attorney General or the President under this
chapter (204) shall be final and conclusive, and no court shall have power
or jurisdiction to review it.
3073. Protection of identity
Any reward granted under this chapter shall be certified for payment by the
Attorney General. If it is determined that the identity of the recipient of
a reward or of the members of the recipient's immediate family must be
protected, the Attorney General may take such measures in connection with
the payment of the reward as deemed necessary to effect such protection.
3074. Exception of government officials
No officer or employee of any government entity who, while in the
performance of his or her official duties, furnishes the information
described in section 3071 shall be eligible for any monetary reward under
this chapter.
3075. Authorization for appropriations
There are authorized to be appropriated, without fiscal year limitations,
$5,000,000 for the purpose of this chapter.
3076. Eligibility for witness security program
Any individual (and the immediate family of such individual) who furnishes
information which would justify a reward by the Attorney General under this
chapter or by the Secretary of State under section 36 of the State
Department Basic Authorities Act of 1956 may, in the discretion of the
Attorney General, participate in the Attorney General's witness security
program authorized under chapter 224 of this title.
3077. Definitions
As used in this chapter, the term -
(1) "act of terrorism" means an activity that -
(a) Involves a violent act or an act dangerous to human life that is a
violation of the criminal laws of the United States or of any State, or
would be a criminal violation if committed within the jurisdiction of the
United States or of any State; and
(b) appears to be intended -
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion;
or
(iii) to affect the conduct of a government by assassination or
kidnapping."
* * * * * *
Comments: This definition seems to fit many radical groups - who use bomb
threats, bombing, arson, destruction of private and public property or
other illegal acts of coercion and violence -- to broadcast their objection
to government policy.
Peaceful demonstrations are not illegal. They are a desirable democratic
means to make public objection to government policy or any other issue. But
when peaceful demonstrators habitually use violence to get their message
across in the media, they are stepping over the line. Sooner or later,
they'll use more violence or threats of violence and become terrorists.
When any self-appointed leader or any of their followers actually do
something that constitutes an act of violence as defined by law, and you
know about it, blow the whistle on them. Acts of violence against innocent
people solely as a means of expressing dissent against government policies
by radical groups cannot be condoned. Large rewards of $100,000 to $500,000
provides CrimeFighters the incentive to do something about it!
* * * * * *
Police Corruption
It's no surprise to anyone when a politician is accused of bribery. There
is no specific reward for corruption, but if bribes, payoffs, kickbacks, or
malfeasance of public office is involved, it's usually a crime and rewards
are available under 3059, and possibly RICO. Besides a multitude of crooked
politicians, there are also crooked cops!
Police corruption isn't anything new. It's been with us ever since police
forces were created. As long as there are temptations, anyone can be
corrupted. The bigger the temptation, the easier it is. It's not just cops.
It applies to all people in any profession -- doctors, lawyers, judges, and
priests. Cops are exposed to far more temptations than others. It's so easy
to put money in their pockets. Being a cop is a tough job. Being an honest
cop is tougher still. (That also applies to CrimeFighters!)
The reason for mentioning police corruption in this otherwise pro-cop book
is: (a) to tell CrimeFighters to resist temptation because they'll get
caught eventually; (b) to look for police corruption and report it to the
FBI; and (c) to work mainly with the FBI and federal agents. Not that all
FBI agents are guaranteed 100% "untouchable", but the odds favor the Feds
more than local cops.
The pocketbook "Cocaine Wars," mentions that 1 out of 10 Miami cops were on
the take. (Note the past tense.) While that situation is over, I don't
believe corruption has been completely eradicated, and those incidents are
not confined to Miami alone.
* * * * * * * * *
From the book "Serpico," a true story of one brave cop's fight against
widespread police corruption in the N.Y. P.D.:
Pg 138: ".....This situation was not unique to New York. During the past
quarter century scandals have repeatedly shaken police departments around
the country, in Atlanta, Baltimore, San Francisco, Philadelphia, in Newark,
Louisville, Reno, Kansas City, and Detroit, Reading, and Albany, N.Y."
"In the summer of 1966 -- just about the time Serpico was meeting with
Captain Foran -- a study of police corruption in Boston, Washington, D.C.,
and Chicago showed that one out of every five policemen "was observed in a
criminal violation," even though they knew they were being watched. The
study, conducted by Dr. Albert J.Ries of Yale University under a grant from
the President's Crime Commission, involved 36 trained observers reporting
on the activities of 597 cops chosen at random in the three cities. Crimes
that were witnessed embraced actual theft, receiving protection payoffs,
and accepting money to alter sworn testimony. They did not include such
examples of petty graft as free meals and drinks, small gifts, and
discounts on purchases."
Here's a quote from "Wiseguy, Life in a Mafia Family," by Nicholas Pileggi,
Pocketbooks (1985) that may shake you up. (The book is full of similar
revealing "secrets" N.Y. cops weren't happy with.)
Pg 120: "After about four months I took my first pinch for running a wire
room. It was in August of 1967, and the cops who broke in said we were
doing $2 million worth of business a week. I only wish. We'd gotten word
from the cops we'd paid off that we were going to be busted. We were due.
They just went through the motions. It was done right. No cuffs or
anything. After we were booked we took the cops for dinner on Mulberry
Street before we went to night court for the arraignment. Al Newman, our
bondsman, was already in court when we got there. I grabbed a cab home. The
cops dropped Milty off. The next day we were back in action at a different
apartment. We had taken a pinch and now were okay for a while. John Sutter,
my lawyer, bounced the case around the courts for a year until I finally
pleaded guilty. I got fined $100 and went home. The city was spending
millions of dollars for plainclothes cops to catch bookmakers, but it was
obvious that the whole thing was set up so the cops could shake us down.
The cops didn't want to put us out of business any more than they wanted to
shoot the golden goose."
* * * * * *
Another interesting book to read is "The Cops are Robbers," by Gerald W.
Clemente with Kevin Stevens, published by Avon Books, 1987.
From the back cover:
"MEMORIAL DAY WEEKEND, 1980 - MEDFORD, MASSACHUSETTS
"A uniformed police sergeant in his cruiser patrols the darkened street
outside the Depositors Trust Bank. A conscientious cop safeguarding the
life savings of the citizenry?
"Hardly. While the sergeant keeps lookout, his five pals, including two
other cops, dynamite their way into the bank's vault and raid hundreds of
safe deposit boxes. Gold, diamonds, cash -- they snatch it all. Returning
the next two nights, they make a total haul estimated as high as $25
million. And they get away clean.
"The problem was they couldn't stay clean.
"In `The Cops are Robbers,' ex-police captain Jerry Clemente tells the
whole truth about the tale even "60 Minutes" couldn't unravel. And how
drugs, gambling, and greed finally turned the perfect crime into a
headline-making expose of police corruption."
Comment: The book covers many other areas of police corruption besides the
main story -- including supervisors selling answers to exams to a large
number of cops so they could "buy" their promotion for $3,000, instead of
earning it by studying.
At the back of the book, in the Epilogue, Gerald Clemente says:
"There is some sign that times are changing. The old guard, with its code
of silence and fanatical sense of brotherhood, is beginning to be replaced
by a younger corps of police administrators eager to bring corruption to
light. These new men often have motives that are less than noble -- many
are trying to garner media interest that will spread their names and
advance their careers. In the same way, many of the old guard did what they
did out of a true sense of honor. But the final result, it seems, will be a
cleaner police force. Whatever the case, it seems clear to me that without
a recognition that policemen are human and subject to temptation, and
without a policy that provides someone to watch over the individual
activities of the police, the problem of corruption will never be solved."
* * * * * *
Not all cops are crooked or corruptible. The vast majority are honest,
hard-working, and conscientious. But there are enough crooked cops
percentage-wise to be a serious threat to CrimeFighters if they should
chance upon police corruption and report it to local cops. I recommend
CrimeFighters report police corruption, if they find any, only to the FBI
(And apply for a reward, too.) The FBI will report it to the Internal
Affairs Division (IAD) of the local P.D., and will monitor the case to
prevent a cover up.
* * * * * *
Assassination
18 USCS 1751 Presidential and Presidential staff assassination,
kidnapping, and assault; penalties.
(a) Whoever kills (1) any individual who is the President of the United
States, the President-elect, the Vice President, or, if there is no Vice
President, the officer next in the order of succession to the Office of the
President of the United States, the Vice-President-elect, or any person who
is acting as President under the Constitution and laws of the United
States, or; (2) any person appointed under section 105(a)(2)(A) of title 3
employed in the Executive Office of the President or appointed under
section 106(a)(1)(A) of title 3 employed in the Office of the Vice
President, shall be punished as provided by sections 1111 and 1112 of this
title.
(b) Whoever kidnaps any individual designated in subsection (a) of this
section shall be punished (1) by imprisonment for any term of years or for
life, or (2) by death or imprisonment for any term of years or for life, if
death results to such individual.
(c) Whoever attempts to kill or kidnap any individual designated in
subsection (a) of this section shall be punished by imprisonment for any
term of years or for life.
(d) If two or more persons conspire to kill or kidnap any individual
designated in subsection (a) of this section and one or more of such
persons do any act to effect the object of the conspiracy, each shall be
punished (1) by imprisonment for any term of years or for life, or (2) by
death or imprisonment for any term of years or for life, if death results
to such individual.
(e) Whoever assaults any person designated in subsection (a)(1) shall be
fined not more than $10,000, or imprisoned not more than 10 years, or both.
Whoever assaults any person designated in subsection (a)(2) shall be fined
not more than $5,000, or imprisoned not more than 1 year, or both; and if
personal injury results, shall be fined not more than $10,000, or
imprisoned not more than 10 years, or both.
(f) skipped
(g) The Attorney General of the United States, in his discretion is author-
ized to pay an amount not to exceed $100,000 for information and services
concerning a violation of subsection (a)(1). Any officer or employee of the
United States or of any State or local government who furnishes information
or renders service in the performance of his official duties shall not be
eligible for payment under this subsection.
(h) skipped
(i) Violations of this section shall be investigated by the Federal Bureau
of Investigation. Assistance may be requested from any Federal, State, or
local agency, including the Army, Navy, and Air Force, any statute, rule,
or regulation to the contrary notwithstanding.
F9 for next Chapter
Bounty Hunters, Bail Bond Recovery Agents and Skip Tracers
and How to Get Valuable Information
Why We Need Bounty Hunters
A recent T.V. show (produced by Rattlesnake Productions, about Bail Bond
Recovery Agents) said 40 % of all arrests made last year (1992) were made
by Bounty Hunters. Think about it.
It takes a hundred thousand or more law enforcement agents nationwide to
make the original arrests, but just a hundred or so Bounty Hunters to find
and re-arrest about 40% of them when they skip bail. When you think about
the numbers and percentages you realize how efficient and important Bounty
Hunters are to our justice system.
It's a crying shame that only 5% of lawbreakers are caught, arrested and
charged with their crimes. (And 90% of those are plea bargained to lesser
charges to make it easier on the court system.) Imagine what a mockery of
Justice it would be if 40% of the 5% caught and released on bail could skip
bail and never worry about being put in jail!
Bounty Hunters are essential to the justice system now more than ever.
It's not the police's fault or responsibility when lawbreakers are released
on bail and skip town. In most cases, police don't have authority to travel
outside of their jurisdiction to make official, police arrests. Their hands
are tied by legal and financial restraints. But Bounty Hunters have no such
territorial limitations. That's why Bounty Hunters are turned loose, like
bloodhounds, to track them down and bring them back dead or alive.
Bounty Hunters are, in some cases, more important to the justice system
than police who wear guns and badges but seldom make felony arrests!
I'm looking forward to the day when I can say half of all lawbreakers
arrested and prosecuted for their crimes are by Crimefighters! When, not
if, that happens, we'll need double the number of Bounty Hunters to track
down the bail bond skips. Here's some information on Bounty Hunters:
Bail Bond Theory and Practice
When someone is arrested, they can be released on bail and money or
property is pledged as security so they will appear in court later. Only
when the money is paid to the court or a bail bond is posted (a promise to
pay the court) is the person released from jail until trial.
When a defendant doesn't have enough money for bail, a bail bondsman, who
is essentially a money lender, may help out. The bail bondsman puts up the
bail (his bond) and charges a fee, about 10 to 12%, for the use of the
money and risk. The bondsman expects to have his bond (promise to pay)
returned to him when the client shows up in court. That doesn't always
happen. When the defendant doesn't appear, the bond is forfeited, meaning
the bail bondsman must then pay the money to the court.
The client may fail to show up; the bondsman may receive advance word from
an insider that the bailee doesn't intend to show for his trial; and others
who guaranteed the bond with various forms of security (usually relatives)
may become worried and want to cancel it. In all these cases, the bondsman
must find and return the bailee to protect his/her investment.
As you might expect, some felons would rather forfeit the bail amount
(especially if it isn't their money) than face trial, and sentencing.
When a person fails to show up at trial the bond is forfeited and the
bondsman must pay. The law recognizes the right of the bondsman to protect
the investment and grants unique legal privileges to the bondsman to
capture and return the bail jumper.
The bondsman usually employs a specialized type of "skip tracer" to track
down and capture the fugitive. This person may be called a Recovery Agent,
Bounty Hunter or "Hunter" to those in the trade. The Hunter locates,
arrests, and returns the fugitive to local police. Then the bail bondsman
is off the hook.
Case Law on Bail Bonding
Case law dealing with bail bondsmen mentions that a surety (the person who
puts up the bond, or bondsman) is entitled to take into custody the
principal (the person for whom the surety has posted bond) when that person
jumps bond or violates the bail bond agreement. The recapture by a surety
or a delegate (usually a bail enforcement agent) is similar to an arrest by
the sheriff of an escaped prisoner.
The right of a bondsman to protect an investment is clarified in many court
cases.
"The right of a surety to capture his principal is not a matter of criminal
procedure, but arises from private rights established by the bail contract
between the principal and his surety." and "A bail bondsman has authority
to arrest when he sees his principal in a dwelling, properly identifies
himself, and acts in a reasonable manner to enter the dwelling to
effectuate the arrest. The bail bondsman is not required to have the
permission or consent of the owner of the dwelling to enter for that
purpose." (Livingston vs Browder, 51 Ala App 366, 285 So 2d 923)
The Hunter or surety "...whenever they choose to do so may seize him and
deliver him up to their discharge; and if this cannot be done at once they
may imprison him until it can be done. They may pursue him to another
State; may arrest him on the Sabbath, and, if necessary, may break and
enter his house for that purpose. The seizure is not made by virtue of a
new process. None is needed. It is likened to the rearrest by the sheriff
of an escaping prisoner." (U.S. Supreme Curt: Taylor vs Taintor.)
The right of a surety to recapture his principal is not a matter of
criminal procedure, but arises from the private undertaking implied in the
furnishing of bond." (Fitzpatrick vs William, (CA5 La) 46 F2d 40, 73 ALR
1365).
Delegating Authority
Under most state laws a surety may empower a person of sufficient age and
discretion to arrest the accused by endorsing the authority on a copy of
the undertaking; without this authority no agent of the surety may make the
arrest.
Places of Arrest and Pursuit
The rearrest by a bail bondsman is not based on criminal procedure. As a
result, the bondsmen may make an arrest anywhere they choose or at any time
or place and in any State within the United States.
A bondsman has no limiting jurisdictional boundaries as State Police
usually have. However, some States require bondsmen to obtain an arrest
warrant from the State in which the arrest will take place.
Forced Entry
Arrest or rearrest of a principal by the bondsman is considered in the same
light as a regular arrest and capture of a criminal. Accordingly, a
bondsman has similar authority as police to break down the locked doors of
the dwelling to make the arrest when the principal refuses to unlock and
open the door.
Bounty Hunters
The right of bail in criminal and civil cases allows the Hunter to take
back into custody the bail skipper who does not appear for trial when
required. This arrest, because it is a rearrest, does not require the
Hunter to read the person his/her "rights." The bondsman or Hunter (a duly
authorized agent of the bondsman) takes the person back into custody just
like an escaped convict is taken into custody. When necessary and advisable
the Hunter may ask for and usually obtains police backup when apprehending
a dangerous criminal.
In 1990 there were 400,000 defendants in the Unites States who had jumped
bail. But there are fewer than 50 full-time bounty hunters do business in
the United States. We need more, according to Bob Burton, President of
NABEA, a Bounty Hunter's organization. The commissions paid, about 10%, are
based on the amount of bail. The commissions may range from $500 to $50,000
depending on the bail amount and the percentage rate you negotiate with the
bail bondsman.
Having bail bond experience could provide suitable training to enter the
CrimeFighter business, and knowing the job of a skip tracer will give you a
few advantages over someone without this training, experience, contacts,
and police assistance or facilities.
Building a Database of Contacts
The number of arrests police make is usually in proportion to the number of
"snitches" feeding police insider information on criminal activity.
CrimeFighters need to recruit their own snitches to improve their results.
You'll need to meet people who commit felonies. Get to know a few and
you'll soon know a few more. Being a Hunter is one way to become acquainted
with a few lawbreakers. If you have access to a bail bondsman's records you
can quickly build a long list of potential contacts.
Let it be known to potential snitches you're not a law enforcement officer
but a private investigator and you'll pay up to $1,000 for information on
criminal activity. Try to develop a large number of contacts. Most of them
will sell information to you because they haven't read this book (and
probably never will). But when you know how to go about it, and obtain more
information and/or incriminating evidence, you can make many thousands of
dollars by confirming it, and either making the arrests yourself, or by
passing it on to the FBI for federal rewards. (In a way, you could say
you're in the "information brokerage" business.)
Criminal partnerships seldom last and when they break up they're like
unhappy marriages -- there is often animosity and a desire for revenge. An
ex-convict turned snitch wouldn't want friends to know, and so may not
report crimes to the police and become exposed to lengthy police
interrogation. But he could be tempted to tell someone who isn't a cop --
for revenge or a confidential cash payment of up to $1,000, for example.
If the person asks for more money than you can afford or want to pay and
the information might involve a major bust in terms of rewards and fines
and forfeitures, the FBI case agent maybe able to provide government money
to pay for it. (Incidentally, this is one of the reasons why dealing with
the FBI is better than dealing with local authorities: the FBI has access
to larger bankrolls and aren't reluctant to use it or pay big rewards.)
Part of the deal with the case agent would be an understanding that the
amount "borrowed" is just an advance of "expense money," and doesn't reduce
your negotiated reward or your share of the fines and forfeitures.
Your source of information must be kept strictly confidential because:
(a) A snitch is a valuable asset and you don't want to lose him to the FBI,
who might cut you out of that bust or future busts;
(b) Snitches expect you to keep their identity secret, top secret; and
(c) The snitch may not want to be known to the police. Police have been
known to "lean" on snitches, and will treat them as expendable if they lead
to bigger game. Snitches know that. That may be the reason why a potential
snitch will talk to a CrimeFighter or private investigator but not to cops.
Most snitches are either street people or active criminals. Street people
see and hear a lot of insider information and $20 to $50 is a lot of money
to them for a little bit of information. Most of the time police pay small
amounts of money from their own pockets for this information. Criminal
snitches are the ones who have been caught and "flipped." That is, they
are not charged with their crime if they cooperate and provide information
to others. Sometimes they're even allowed to stay in a criminal-related
business to maintain a cover and introduce undercover agents into the crime
ring. That's why and how a cop can "lean" on them when they want to.
Generally speaking, police despise snitches and have little concern for
their safety. Often the snitch must either cooperate or go to jail.
(CrimeFighters should refer to snitches as "Confidential Informants" or
CI's to make the name palatable to their potential sources of information.)
The idea is to know a lot of criminals, who they are, where they hang out,
and who does what. Let it be known you will pay up to $1,000 to anyone who
provides you with confidential information that leads to an arrest and
conviction. (Use Crime Stoppers' formula to calculate rewards.)
The pay for being a trainee Hunter isn't much but will give you valuable
experience and introduce you to a lot of potential CI's.
Information is valuable. A dozen or more good CI's are like money in the
bank. It may take a few months to a few years to develop a dozen or more
of these valuable contacts. When you do, you'll have a lot of insider
information available at all times, leading to much larger federal rewards,
and a generous share of resultant fines and forfeitures.
Skip Tracers
Skip tracers are mostly employed by credit collection agencies. When a
person "skips" out of town without paying bills a series of collection
letters follow in an increasing demanding tone. When letters don't get a
response skip tracers may be asked to locate the skip. When they do, a
repossession agent may be used to recover automobiles or other goods. If
the money owed was secured by collateral creditors, they may try to
repossess the items. Bail recovery agents are usually experienced at skip
tracing too, for a different reason: to track down people who jump bail.
CrimeFighters can use the same expertise and tricks of the trade of a skip
tracer to find and locate escaped or wanted felons who also skip town to
escape jail.
A skip tracer uses telephone directories, license plates, Department of
Motor Vehicle (DMV) files, and various trade directories. He/she also
searches data bases with a computer, spends time on stakeouts, and does
legwork to locate the missing person.
Sometimes a skip tracer just locates the missing person or needed financial
information then turns it over to someone else to take appropriate action.
A skip tracer working with a CrimeFighter would give the information to a
CrimeFighter who would make further investigation to make an arrest, or to
use financial information to determine the amount of fines and forfeitures
to be imposed on a lawbreaker.
Becoming an experienced skip tracer will help you to find people and obtain
difficult-to-get information on criminals, including credit reports from
credit-reporting agencies to obtain names and addresses of relatives and
former addresses. Skip tracers also check corporate and business records
to obtain other information, names and addresses of associates, and banking
information on the lawbreaker.
According to a book called "You Can Find Anyone," by Eugene Ferraro, DMV
records can be accessed to obtain name and address information, driving and
accident records (DUI convictions), mailing and residential addresses, and
a description of any vehicles registered to any one person or business.
Massachusetts and Washington are the only two States in which DMV records
aren't available to the public. But even if you live in one of these two
States and are working with an FBI case agent, the agent will get the info
for you if it involves a criminal investigation.
In the majority of States, CrimeFighters can set up an account with the
DMV. When you want to access DMV files use your computer and modem. At
the end of the month you get a bill for the number of times you have used
the service. The rates vary.
The National Crime Investigation Computer (NCIC) is maintained and operated
by the FBI. It contains about 30 million names. Law enforcement agencies
at all levels, including local, County, State and Federal agencies, input
the information, which includes wanted persons, and stolen items of all
kinds such as vehicles, license plates, jewelry, securities, and other
articles of significant value. The database also lists criminal histories
and missing children. Access to this database is restricted to law
enforcement personnel. If you're working on a case, and working with the
FBI, an agent may get that information for you.
In addition to DMV records and NCIC, dozens of other computer databases,
including the National Consumer Credit Reporting Agencies, exist. Just
about everyone has a credit history, and their files not only include
information about credit but about past and current employers, residences,
phone numbers, relatives, friends, associates, and other data. Business
credit-reporting agencies, such as Dunn and Bradstreet or Poor's & Moody,
can provide personal as well as financial information about businesses and
their owners. The name of the company's bank accounts and even their
account numbers are often listed for verification of the balance, plus
debtors and creditors of their business (more leads to follow).
Corporate records at the State Capitol are available to the public. They
can be searched to find names and addresses of directors, officers, and
(sometimes) shareholders. Names of corporate banks are sometimes listed in
corporate records, too. That leads to the next step: banks.
Banks withhold confidential information, but skip tracers use "gags" (lies)
to obtain bank balances and other information they want. They sometimes
pose as a businessman and ask if a check issued to them by Mr. X or the XYZ
company is "good" for a certain amount. Other creative methods are used to
extract current addresses of bank customers by checking to verify current
addresses. A good skip tracer can wheedle information from any source by
using ingenious and clever gags. You can, too, but remember never pose as a
law enforcement agent.
If you're interested in learning more about how to be a skip tracer -- to
work as an independent agent for credit collection agencies, or as a
CrimeFighter, read one or more of the few excellent books written by
experts on that subject. (There's a few of them listed in CRIMCAT.)
If you have a computer and experience at using a modem, you have the basic
equipment to find almost anyone. Knowing how to find people who don't want
to be found or finding other information they don't want you to know is an
essential part of a skip tracer's job as well as that of a CrimeFighter.
The Last Word
On the last page in "The Hunter," Papa Thorson says "I would recommend to
anyone wanting to be a bounty hunter to forget about it. It's one of those
cyclical occupations that comes around every hundred years. The `Wanted:
Dead or Alive' guys served the purpose in the last century and faded. The
cycle's about over for this century. Maybe in another hundred years the
demand will arise for bounty hunters in space."
Comment: That may be true for bail enforcement agents, but it isn't going
to take another hundred years. The `Wanted: Dead or Alive' guys are now
being resurrected as CrimeFighters. Their incentives are the huge federal
rewards possible plus 50% of fines and forfeitures, and lawsuit awards.
Study Aids
It's not easy to obtain a job as a Hunter if you don't know what it's all
about or how to go about it. But books on the subject have been written by
a professional Hunter who has made more than 3,000 successful "captures" of
bail bond skips. His name is Bob Burton, who has written two books:
"Bounty Hunter" and "Bail Enforcer" (both listed in CRIMCAT). Both books
are recommended reading by prospective Bail Bond Recovery Agents.
An excellent book on what skip tracers do and how they go about it is,
"True Detectives," by William Parkhurst, Crown Publishers, This isn't a
how-to-do-it manual, but provides insight into skip tracers as people who
are sometimes used in a boiler room operation for a well-known, successful
New York private detective agency. The book provides a different look at
real-life, professional skip tracers. (It's listed in CRIMCAT.)
Another pocketbook, "Prince of the City," by Robert Daley, is a story of
widespread corruption in New York City. It focuses on the aftermath of a
cop who is forced to turn in his buddies. Interspersed in the story is
factual information on snitches and the role of prosecutors -- what they
can and can't do. Incidentally, this is a true story told like it happened.
It may give you some (wrong) ideas on how cops let crooks off the hook for
under-the-table payments. But if you do, the truth will out sooner or later
and you'll wind up like those New York cops: in jail!
(Concealing a crime (misprision) and blackmail are criminal offenses. Plea
bargaining and lawsuits aren't illegal. Use the law to obtain your rewards
and/or Crimefighter lawsuit awards.)
Another pocketbook, "Finder," also published by Crown, is a true story of
Marilyn Greene, a successful woman private investigator who finds missing
persons via telephone, without leaving her home, and without a computer at
the time the book was published. (It's not too difficult when you know
how.)
Movies
Some movies portray Hunters. Three of them may be available at your video
rental store. One is about Ralph ("Papa") Thorson, who is probably the
most popular bounty hunter on record. "The Hunter" is the name of the
movie. Steve McQueen plays the role of Thorson and portrays how Papa goes
about doing his job. The pocketbook was written by Christopher Keane and
published by Bantam Books in 1976 under the same title, from which the
movie was made. It's a true story about Papa Thorson and enlarges upon 10
histories of the 5,000-plus arrests from Thorson's files. The book is out
of print but might be found in libraries or used book stores.
Clint Eastwood plays the part of a resourceful skip tracer in "Pink
Cadillac." Some of the hilarious gags he uses are probably close to those
actually used to obtain information. View this one and you'll have a
pretty good idea of the skip tracer does.
The third movie is "Midnight Run," starring DeNiro. Bob Burton, who was
kind enough to review this chapter, called it "the most recent and fairly
realistic."
Movies show a lot of tire screeching, fender-bending, high-speed chases,
and shooting from moving vehicles on city streets --all of which are
forbidden by law and common sense. They make better movies than the actual
dry and often humdrum facts. After reading the chapters on illegal wire
taps and police rules and regulations on high-speed chases, you'll realize
that almost all "Cops and Robbers" movies bend the truth and liberally
exaggerate the facts. Don't use movies or TV shows as a guide on how to
behave as a bounty hunter or CrimeFighter.
A new video called "Wanted... Bounty Hunter", ($29.95) shows how Gary
Stafford, a ten-year veteran bounty hunter, uses his proven techniques and
skills to hunt down and arrest fugitives. (It's listed in CRIMCAT.)
F9 for the next Chapter
U.S. Customs, Auto Mechanics' Reward laws,
Coast Guard, IRS, and Military Reward laws,
In addition to generous rewards for helping to bust drug dealers, Crime-
Fighters can get a substantial share (25%) of the forfeiture of cars,
boats, planes, houses and business empires of convicted lawbreakers via
customs laws.
Customs Laws
Customs enforces many laws concerning goods coming into or going out of the
United States. The U.S. Coast Guard enables Customs to intercept and board
marine vessels. In recent years the Coast Guard has played an increasing
role in law enforcement against smugglers of contraband of all kinds.
Lately, the emphasis is on drug smuggling from South American countries.
If you live on the coast or along the Mexican border, look for drug smugg-
ling, illegal aliens, importation or exportation of illegal merchandise of
all kinds, including, but not limited to, endangered species, trademark
infringement of merchandise (counterfeit jeans, watches, computer hardware
and software, for example), liquor and tobacco violations and the export of
war materials.
To encourage citizens to participate in law enforcement, one Customs law
pays a generous reward of 25% of fines and forfeitures collected up to a
maximum of $250,000.
"19 USCS 1619 Award of compensation to informers.
(a) In general. If-
(1) Any person who is not an officer of the United States-
(A) detects and seizes any vessel, vehicle, merchandise, or baggage subject
to seizure and forfeiture under the customs laws or the navigation laws and
who reports the same to a customs officer, or
(B) furnishes to a United States attorney, to the Secretary of the
Treasury, or any customs officer original information concerning-
(i) any fraud upon the customs revenue, or
(ii) any violation of the customs laws or the navigation laws which is
being, or has been, perpetrated or contemplated by any other person; and
(2) such detection and seizure or such information leads to a recovery of-
(A) any duties withheld, or (B) any fine, penalty, or forfeiture of
property incurred; the Secretary may award and pay such person an amount
that does not exceed 25% of the net amount so recovered.
(b) Forfeited property not sold. If-
(1) Any vessel, vehicle, aircraft, merchandise or baggage is forfeited to
the United States and is thereafter, in lieu of sale-
(A) destroyed under customs or navigation laws, or
(B) delivered to any governmental agency for official use, and
(2) any person would be eligible to receive an award under subsection (a)
but for the lack of sale of such forfeited property, the Secretary may
award and pay such person an amount that does not exceed 25% of the
appraised value of such forfeited property.
(c) Dollar limitation.
The amount awarded and paid to any person under this section may not exceed
$250,000 for any case.
(d) Source of payment.
Unless otherwise provided by law, any amount paid under this section shall
be paid out of appropriations available for the collection of customs
revenue.
(e) Recovery of bail bond. For purposes of this section, an amount
recovered under a bailbond shall be deemed a recovery of a fine incurred."
* * * * * *
Customs' reward law has a specific dollar amount limit of up to $250,000.
However, under (2) above, it pays up to 25% of the appraised value of items
that can't be sold -- such as drugs and machineguns, etc. If there is no
large cash amounts or vehicles forfeited, only drugs and weapons from dope
runners, this may be better than RICO laws. If time permits, negotiate
first with Customs, but don't provide full disclosure until you have a
decent reward offer in writing. If no deal is made, try the FBI next.
If the anticipated reward and fines and forfeitures might exceed Customs'
$250,000 limit, contact the FBI instead. Use RICO and other laws for
prosecution to get 50% of fines and forfeitures plus appropriate rewards.
In the book "Cocaine Wars" there is a picture of $5.4 million that was
seized by the U.S. Customs Service from a private Jet in Fort Lauderdale,
Florida. The cash, all neatly bundled in "bricks", looks like bales of hay.
Customs would pay the maximum reward of $250,000. However, if you assert
your right to prosecute the case yourself under RICO, if it is your case,
you have control. The FBI or DEA will want to take over the prosecution
from you, to get official credit for it. If they did, they'd also receive
half of the forfeitures. Knowing that, you should negotiate with the FBI or
DEA for a larger share of the fines, forfeitures and rewards for a total of
about 50% -- or $2.7 million of the confiscated money.
(Remember, law enforcement agencies compete with each other like football
teams. Each agency wants to get the credit for the prosecution as well as
50 percent of the fines and forfeitures. That's why they usually don't
share information with each other, which is detrimental to law enforcement
generally. The flip side is, when you have control, you are in a good
position to negotiate rewards. Each major law enforcement agency will want
the case. If they agree to 50% of forfeitures plus federal rewards, they
still get 50 percent of the forfeitures. If they are too tight-fisted, they
get nothing! They know that too. Negotiate for 50 percent of forfeitures,
plus maximum rewards. Give it to the highest bidder. Be businesslike.)
If you live near the Mexican Border, you'll probably hear or read about
large narcotics busts every week. Recently, I heard on the Yuma, Arizona TV
news that Customs found a Mexican national trying to smuggle through the
San Luis, Mexico, border $6 million worth of cocaine! In this case, there
was no cash and fines and lawsuits wouldn't be practical against a Mexican
national. Customs law would be better than RICO because the $6 million of
drugs generate a reward under Customs' law but not under RICO. Customs'
might pay you the maximum reward of $250,000.
Sometimes, along with the contraband, agents often seize large amounts of
cash and expensive vehicles. When smugglers manage to slip past the border,
check points just North of the border stop and search suspected vehicles
and catch a few more. But, the shocking part is, that's only the tip of the
iceberg! Authorities catch only 10%; 90% get through!
Drug running is a multi-billion dollar a year business on the border. It's
also a multi-million dollar business potential for CrimeFighters!
A conviction is required in order to levy fines and forfeitures under this
law. However, 18 USCS 3059 and 21 USCS 886 pay rewards for the arrest of
felons and drug-related activity. Apply for those too.
Drug-Related Citizen's Arrests
Always try to obtain assistance from law enforcement agents to make an
arrest. Remember, rewards are paid for "information leading to the arrest"
-- not for making the arrest. When there is no lawman handy and no time to
find one or call and wait for them, and the arrest must be made "right
then" or you'll lose the opportunity for a $25,000 to $100,000 reward, then
you might seriously consider a citizen's arrest. In this case, if you stick
your neck out and risk physical harm to yourself, the rewards are usually
increased in direct proportion to your risk. But, you can't spend the
generous rewards if you're dead!
Fifty years ago smugglers were relatively harmless when compared to today's
drug and alien smugglers. The new breed of smugglers would rather shoot
someone trying to make an arrest than run from them. And, they also firmly
believe in the old saying that "dead men don't talk." Not having a firearm
with you when making an arrest is foolish. And, if you don't have a permit
to carry a concealed weapon but carry one anyway, it could lead to your
arrest for firearm violations. Don't carry concealed weapons unless you
have a permit or are authorized by a case agent!
* * * * * *
The following is a cram course in how to detect narcotics smugglers, taken
from a U.S. Customs' Brochure:
"Y O U... CAN HELP!
Report drug smuggling to U.S. Customs
1-800-BE-ALERT or 1-800-232-5378
UNITED STATES CUSTOMS SMUGGLING AWARENESS PROGRAM
The smuggling of illegal and dangerous drugs into the United States is a
serious criminal problem which threatens the well-being, health and safety
of the citizens of the United States. The Customs Service and your local
police authorities are devoting more time, energy, and resources than ever
before in an effort to combat this great menace to the safety and welfare
of your families and society.
The purpose of the Drug Smuggling Awareness Program is to establish and
implement a successful smuggling awareness effort along the southwestern
border of the United Sates. It will provide you, the local citizens, an
easy method and opportunity to provide information about the suspected
smuggling activities to Customs and allow you to remain anonymous.
Many citizens see suspicious activity which they believe to be drug
smuggling but they are not sure and they don't know what to do or whom to
call. This pamphlet will cite examples of suspicious activity to be on the
lookout for and step by step instructions on how to anonymously report it
to U.S. Customs.
CASH REWARDS
Customs will pay cash rewards ranging from $250 to $2,500 for anonymous
information, or up to $250,000 for a documented confidential source, for
information leading to the arrest and conviction of drug smugglers. The
size of the reward will depend on the circumstances of the case and
results.
FOR MORE INFORMATION CALL 1-800-BE ALERT - 24 HOURS A DAY
* * * * * *
HOW TO DETECT A SMUGGLER
United States Customs would like you to be on the lookout for potential
drug smugglers. A number of characteristics have been found to be common
among smuggling operations. Among them, and worthy of arousing suspicion,
are the following examples:
SUSPICIOUS ACTIVITY IN CLOSE PROXIMITY TO THE BORDER OR BORDER CHECK POINTS
* Persons exhibiting a lifestyle which is inconsistent with their claimed
occupation.
* Passenger acting on behalf of someone who has paid cash for airfare being
used for "business."
* International carrier employees who never take time off or who insist on
always working the same shift (which may coincide with particular flights).
Includes freight forwarders, ground crews, baggage and cargo handlers.
* Person who consistently purchase very small quantities of gas for a
vehicle (this vehicle could have a modified gas tank used to transport
contraband.
* Persons depositing unusually large amounts of cash.
* A person who buys insurance for a vehicle he does not own.
* One requesting a specific hotel room having a view of the Customs lanes.
* Paying cash for a rental vehicle.
* Purchasing large quantities of masking (or similar) tape, plastic bags,
etc., which could be used to cover windows of planes or other conveyances.
* Suspicious vehicles visiting or frequenting a residence at all hours of
the day and night.
* Persons doing an excessive amount of travelling in and out of the United
States when they have no visible means of support.
* Persons doing business strictly on a cash basis involving no receipts.
* Persons claiming to have modifications or special compartments in their
vehicles.
* Private aircraft owners making frequent trips out of the country for
recreational purposes or for no apparent reason.
* Business/body shops offering to install or service secret compartments or
modifications to vehicles.
* Persons receiving large amounts of mail from outside the United States
(especially from narcotic source countries, such as Columbia, Thailand,
India, Peru, Brazil, and Pakistan).
* Persons operating currency exchange businesses from their personal
residences or personal vehicles.
AMONG AIRCRAFT AND AIRFIELDS:
* Passenger seats missing from aircraft.
* Aircraft windows covered by curtains or temporarily taped over.
* Numerous boxes, duffel bags, plastic bags, or other containers inside the
aircraft.
* Aircraft flying or landing after dark without lights.
* Trucks, campers, or vans waiting at or near area suitable to aircraft
landings; often equipped with radios for use in communications with an
aircraft.
* Landing at provisional runways in a desolate area lit by vehicle
headlights, signal fires, or lanterns.
* Refueling from 55 gallon drums or from the back of pickup trucks.
* Paint chipped, muddy wheels, dirty or dusty aircraft, beat-up propellers
or other evidence of operating from dirt strips.
* Strong or unusual odors, such as perfume, emanating from the aircraft.
These are used to cover the scent of marijuana.
* Aircraft with new paint, added doors, extra fuel tanks, and false or
altered registration numbers.
* Pilot or passengers reluctant to leave the aircraft unattended during
ground servicing.
* Pilot or passengers displaying large amounts of cash and/or making cash
payments for fuel and services.
AT A MARINA OR ON THE WATER
* Boats purchased with large cash payments.
* Immediate demands for electronics equipment or repairs without regard to
cost.
* Loading or unloading activity dockside at unusual hours.
* The purchase of heavy duty trailers which have a load capacity which far
exceeds the weight of the boat.
* Boats specifically designed as sport fishers where there is an absence of
any type of fishing gear.
* The purchase of more than one trailer for the same boat.
* Boats changed in internal configuration, i.e., raised deck, no access to
bilges, fuel tanks added or modified, construction of concealed
compartments, or modified bulkheads.
* Boats with false water line.
* Improper or false registration.
* Boats riding very low in the water.
* Boats which are encountered at night running without lights.
* Observing the transfer of cargo from one boat to another at sea.
* Communications between a boat and a shore vehicle by unusual means, i.e.,
lights, flags, etc.
TO REPORT SUSPICIOUS ACTIVITY
CALL 1-800-BE-ALERT - 24 HOURS A DAY
You need only to follow these few steps to report suspicious activity to
U.S. Customs. By reporting these activities you will not only remain
anonymous, but also perform a great service to preserve and protect your
community.
* BE ALERT: In your observations, note the date, time and location of
activity and write this information down. Take extra care to note any
registration numbers of vehicles or distinctive features of the suspects.
* BE ACCURATE: Call U.S. Customs toll-free at 1-800-BE-ALERT. Tell the
officer that you have information about narcotics smuggling activities. Ask
for your special caller identification number. You will be given a code
number to protect your identity. After you receive your caller number give
an accurate account of your information to the Customs officer.
* FOLLOW THROUGH: Call Customs again at 1-800-BE-ALERT 10 days after your
initial contact. Identify yourself by your assigned code. At this time you
can learn if any action resulted from your information, and if so, you can
arrange for payment of your cash award.
YOU CAN MAKE A DIFFERENCE!
YOUR PARTICIPATION IN THIS VITAL PROGRAM CAN BE A BIG FIRST STEP IN HELPING
SECURE OUR NATION'S SOUTHWEST BORDER."
(End of Customs' brochure)
* * * * * *
Auto Mechanics Reward Laws
Title 15 -- Commerce and Trade -- has a special law related to automotive
vehicles -- among others. If you like cars, are a mechanic, or hang around
with auto mechanics, you probably know that setting back odometers is
against the law.
This practice is so widespread 20/20 (the TV program), presented a full
documentary and expose of an auto wholesaler in Houston, Texas. It told how
he makes about $50,000 a month in purchasing cars at auctions, paying a
freelance "mile buster" mechanic $50 to set back odometers in good-looking
cars with abnormally high mileage. Setting back the odometer in each car
cost him $50 but increases the car's value by about $2,000. The wholesaler
then sells the car to an unsuspecting used car dealer.
Unsuspecting purchasers, who look at mileage as an indicator of wear and
remaining value, are swindled. That's fraudulent practice and specifically
covered in Title 15 USCS 1982 et seq.
The first section of USCS 1988 details registration requirements and
procedures, which are lengthy and are not too interesting to CrimeFighters.
However, registration of vehicles sold must (by law) disclose the mileage
at the time of sale. A record is made at each transaction and dealers keep
a mileage record of servicing when the car is under warranty. That leaves
an audit trail to verify mileage -- or to find a 50,000 to 100,000 mile
discrepancy!
There are many people besides dealers who buy and sell used cars. These
people often place classified ads buying or selling one or two vehicles at
a time. They sometimes buy clunkers, fix them up, and re-sell them as
"private sales", without a license or paying sales or income tax. They are
also quite likely to set back odometers too, if they can. And, sometimes,
they buy parts from stolen cars to fix up their wrecked cars. Look for
these people too -- in classified ads.
The odometer law doesn't have a reward clause, but rewards are covered
under USCS 3059. They are available and negotiable up to $25,000. Since the
fines are paid by the car dealer and not the government, a CrimeFighter
should be able to negotiate 50% of the fine to keep it in line with other
rewards. And, as the fines can reach $100,000, the reward could reach
$50,000 per used-car lot. It's a safe bet that in large cities or
population centers there may be one or more mile-busters at work and
hundreds of car odometers set back. Each mechanic you nail might pay you
$1,000. If there's one in your town, the mile buster mechanic will most
likely be working a few other used-car lots too. Use your lawsuit via
interrogatories, plus your prosecutor's authority, to encourage mechanics
to provide information and sign sworn statements against dealers.
How to Do it
Go auto shopping at used car lots. Look for advertised "creampuffs" or "low
mileage" cars, and if the insides of these vehicles look brand new, it
could indicate complete refurbishing that means the seats and floor mats
were so worn they had to be replaced. Read the mileage and license plate
numbers of dozens of these cars. Use a computer to check the official
records at the State Department of Motor Vehicles (DMV) for recent owners,
dates of transfer and mileage. If you find a lot of mileage difference,
you've spotted the work of a mileage buster.
Check out the rest of the cars on that lot. If you find a few more, you
could get $1,000 for each "rollback" you find. When you have sufficient
evidence (actually the evidence is on the discrepancy between DMV records
and service records at dealerships) contact an FBI case agent. Make a
preliminary disclosure and negotiate for a reward of 50% of the fines and
forfeitures of the business, plus a reward for each mile-buster under USCS
3059. Or, if negotiating a suitable reward seems difficult, prosecute the
case yourself under RICO. Use plea bargaining as leverage to be paid an
out-of-court settlement of your personal lawsuit -- to get paid a suitable
amount for your investigation and related expenses.
Tip: Often, when an odometer is rolled back, a number or two of the mileage
shown on the speedometer may be out of alignment. If they are, it might
indicate a rollback by an amateur mechanic.
Odometer Law
15 USCS 1984. Change of mileage indicated on odometer prohibited.
No person shall disconnect, reset, or alter or cause to be disconnected,
reset, or altered, the odometer of any motor vehicle with intent to change
the number of miles indicated thereon.
15 USCS 1986. Conspiracy to violate odometer requirements.
No person shall conspire with any other person to violate section 1983,
1984, 1985, 1987, or 1988 of this title.
15 USCS 1990b. Civil Penalty
(a) Maximum amounts,
Any person who commits any act or causes to be done any act that violates
any provision of this subchapter or omits to do any act or causes to be
omitted any act that is required by any such provision shall be subject to
a civil penalty not to exceed $2,000 for each violation. A violation of any
such provision shall, for purposes of this section, constitute a separate
violation with respect to each motor vehicle or device involved, except
that the maximum civil penalty shall not exceed $100,000 for any related
series of violations.
15 USCS 1990c Criminal Penalties
(a) maximum amounts
Any person who knowingly and willfully commits any act or causes to be done
any act that violates any provision of this subchapter or knowingly and
willfully omits to do any act or causes to be omitted any act that is
required by any such provision shall be fined not more than $50,000 or
imprisoned not more than three years or both.
* * * * * *
Comment: "any person", mentioned above, also means any company, used car
lot, or automobile dealership. While the mechanic is nailed for rolling
back odometers, the last paragraph nails the people or firm that pays him.
The same TV show (20/20) highlighted another automotive-related law,
about counterfeit automotive parts, which are usually substandard in
quality and are falsely labeled as a well-known brand. That's misleading,
or a fraud (and cheats the honest manufacturer as well). In some cases,
it's also a violation of copyright or patent laws. If you're a mechanic,
maybe you know about such parts and know where to locate the distributor or
manufacturer. If so, get the information you need, and evidence (parts
falsely marked) with receipts of purchase from the store, and blow the
whistle on them. Contact an FBI agent to negotiate a reward.
Incidentally, there are many business-related law violations to be on the
lookout for: counterfeit money, art, auto parts, jeans, watches, cosmetics,
etc. Copyright and trademark violations are illegal, and rewards available.
(Software pirates are the latest.) Look for bait-and-switch advertising
(false advertising) and fraud, cons, scams, chain letters, pyramid schemes,
etc. Anything that seems to be to good to be true, probably isn't.
Investigate -- but don't get stung on a con.
By the way, the "CrimeFighter Catalog" has a few good books that tell you
all about cons, frauds, swindles, and scam operators. When you know all
about it, try conning a con, (the ultimate con) and make a bust.
If it's a felony violation, Title 18, Section 3059 qualifies you for a
reward. If it's operated as a regular business (like a "chop shop" selling
used parts from stolen automobiles), it also comes under RICO.
(There are many garage mechanics who swindle car owners in various ways.
Cons, frauds and false advertising are mentioned in the next chapter.)
* * * * * *
IRS - Internal Revenue Laws
26 USCS 7623 Reward for information concerning violations of internal
revenue laws.
"The Secretary, under regulations prescribed by the Secretary, is
authorized to pay such sums, not exceeding in the aggregate the sum
appropriated therefore, as he may deem necessary for detecting and bringing
to trial and punishment persons guilty of violating the internal revenue
laws, or conniving at the same, in cases where such expenses are not
otherwise provided for by law."
* * * * * *
Comments: The wording in this law doesn't seem impressive but it carries a
strong potential for CrimeFighters. The unspecified reward is at the sole
discretion of the Secretary, but it's usually 10% of the amount recovered
in back taxes but could also include fines, interest due, and forfeitures.
Remember, it's negotiable! (Always try for 50%)
Ten percent seems skimpy when compared to the majority of laws that offer
50%, but 10% of a large tax bill owed can be substantial. One case (Faul vs
Commissioner, 1959, CA9, 263 F2D645) paid the informer $68,837.96.
Note: Internal Revenue laws aren't just for income tax. They also include
unpaid liquor tax (on moonshine made in illegal distilleries) and tobacco
tax (cigarettes sold without tax stamps). Lawbreakers also include almost
all criminals, prostitutes, and gamblers, who neglect to report their
illegal income and pay taxes on it!
All business, whether legal or illegal (dope dealing for example) are
subject to income taxes too! That may seem ridiculous, but the IRS thereby
sets a catch-22 trap for criminals who may not be convicted of any crime,
but can be convicted for income tax evasion. (That's how they nailed Al
Capone!) If you declare any income from illegal sources, you can expect to
be arrested for it. But if you don't declare it, the IRS can nab you!
Keep that in mind when you see any criminal activity. Chances are, the
crook hasn't paid any taxes on his illegal income and is guilty of tax
evasion by failing to file and report income - no matter how it's obtained.
Look for a successful drug dealer with an expensive car and valuable
jewelry. He probably hasn't paid any taxes for many years.
To qualify for a (negotiated) reward, the IRS will want something tangible
to go on, not just your hunch. (The crook may also have a legitimate
business and is actually paying taxes on sufficient income to support his
lavish lifestyle.) But if he pays no taxes at all, that may be enough for
the IRS to ask embarrassing questions. When they do an audit, they may
discover large sums of money has been invested, but the source of the money
might be traced to prior or continuing criminal enterprises or racketeering
-- that opens the door to RICO and maximum fines and forfeitures.
As always, use RICO whenever possible. Lay charges and initiate a civil
suit. When you have control of the case, you are the prosecutor and can
choose which laws you want to use. You can use more than one law if more
than one is applicable. Negotiate with the FBI for 50% of resultant fines
and forfeitures plus appropriate rewards.
* * * * * *
26 USCS 7214 Reward for information concerning offenses of government
officers and employees in connection with revenue law.
"(a) Unlawful acts of revenue officers or agents.
Any officer or employee of the United States acting in connection with any
revenue law of the United States -
(1) who is guilty of any extortion or willful oppression under color of
law; or
(2) who knowingly demands other or greater sums than are authorized by law,
or receives any fee, compensation or reward, except as by law prescribed,
for the performance of any duty; or
(3) who with intent to defeat the application of any provision of this
title fails to perform any of the duties of his office or employment; or
(4)who conspires or colludes with any other person to defraud the United
States; or
(5) who knowingly makes opportunity for any person to defraud the United
States; or
(6) who does or omits to do any act with intent to enable any other person
to defraud the United States; or
(7) who makes or signs any fraudulent entry in any book, or makes or signs
any fraudulent certificate, return, or statement; or
(8) who, having knowledge or information of the violation of any revenue
law by any person, or of fraud committed by any person against the United
States under any revenue law, fails to report, in writing, such knowledge
or information to the Secretary; or
(9) who demands, or accepts, or attempts to collect, directly or indirectly
as payment or gift, or otherwise, any sum of money or other thing of value
for the compromise, adjustment, or settlement of any charge or complaint
for any violation or alleged violation of law, except as expressly
authorized by law to do so; shall be dismissed from office or discharged
from employment and, upon conviction thereof, shall be fined not more than
$10,000, or imprisoned not more than 5 years, or both. The court may in its
discretion award out of the fine so imposed an amount, not in excess of
one-half thereof, for the use of the informer, if any, who shall be
ascertained by the judgment of the court. The court also shall render
judgment against the said officer or employee for the amount of damages
sustained in favor of the party injured, to be collected by execution."
(The key phrase is "one-half" or 50% of the fines and forfeitures.)
* * * * * *
Miscellaneous Customs/Coast Guard (reward) laws
There a few miscellaneous (small) rewards paid by the Coast Guard and the
various branches of the Armed Forces. Most of these reward laws were made
during WWII, and the rewards (up to $500) are piddly by today's standards.
Instead of wasting disk space on them, I suggest you look for alternative
rewards from the FBI when it involves a felony. Title 18: 3059 makes you
eligible to be the prosecutor. Initiate both criminal and civil suits.
Negotiate a plea bargain to settle your $1,000+ civil suit out of court.
Get paid by the lawbreaker when you can, instead of using piddly rewards.
F9 for next Chapter
Rewards for Conviction of Mail Order Fraud,
Cons, Scams, Bait and Switch,
False Advertising, and Pyramid Schemes
Every year some new scheme, and many old ones, succeed in bilking people
out of their hard-earned money. CrimeFighters can help bring the
perpetrators to justice and collect rewards for doing so.
A common method used to defraud the public is the use of a phoney lottery
operated via telephone "boiler rooms" (telemarketing), or by direct mail.
The scam is, you are told you have won a fantastic prize, but to "qualify"
you have to make a small purchase -- often costing a few hundred dollars.
Needless to say, the junk you receive isn't worth the money you had to pay
to get them, and of course you never see the big prize. Boiler rooms and
mailboxes are easily set up to get into business, and simply closed down
when the scam has run its course or the law starts nosing around.
A recent newspaper article mentions that experienced con artists and scam
operators are well aware of the postal inspectors powers and arrest rate.
To avoid violating postal laws, they often insist on delivering the offer
or receiving the money in person, or by sending or receiving it via Federal
Express. Possibly, anyone who is reluctant to use the postal service when
delivering the solicitation, the offer, the merchandise, or receiving the
money or any part of the transaction, may be a scam operator trying to
avoid postal inspectors. Look for that as an indication of a scam.
Another scam is a phoney lottery that may be registered as a non-profit
corporation that has obtained permits to lend credence to the scam.
Incorporation, registration, and permits may be impressive but provide no
guarantee of legitimacy. The phoney lottery rigs the contest to favor the
owners, a confederate, or a fictitious person who "wins" the big prize.
Another example is an illegal tax shelter plan, where the corporation sells
shares in a multimillion-dollar condominium. If the IRS later finds such a
scheme unauthorized and illegal, the property could be forfeited because it
was the instrument used to make the fraud effective.
Often with a fine, there is also a forfeiture of the property used to
commit the crime, especially if the property was essential to the fraud or
crime committed. For example, if the prize in an illegal lottery was a
$125,000 Rolls Royce automobile that was essential for the perpetration of
the fraud, the Rolls can and probably would be seized and forfeited. A
CrimeFighter instrumental in conviction would receive, in addition to half
of the fines, half of the value of the automobile.
Spotting Mail Order Scams and Frauds
Here's an easy job for stay-at-home CrimeFighters. Read classified ads to
spot illegal mail order scams, investigate to obtain the required evidence,
report fraudulent schemes, and collect the rewards. When you find a get-
rich quick scheme that looks too good to be true, it usually is and may
also be illegal. The TV program "Deals and Steals" is worth watching for
examples of scam operations. Another one is "20/20." The following scams
occur over and over.
Multi-Level Marketing Schemes (MLMs)
There are legal and illegal multi-level marketing schemes. AMWAY and a few
other similarly operated businesses are legal MLMs because they pay over-
ride commissions based on ongoing and repeat-sales of actual products at
various distribution levels throughout their chain. Paying override
commissions to sales managers and distributors is a common business
practice. MLMs take it to its maximum degree possible.
Illegal MLMs do not expect continuing retail sales of expendable items,
such as soap powder or vitamins. Their only source of continuing income is
additional lump-sum amounts paid up-front as membership or distributorship
fees from new recruits. Various names are used by illegal MLMs for each
level of distribution or management to make them sound plausible. When they
run out of recruits, they run out of income to pay override commissions and
the MLM collapses. The people at the top make money at the expense (and
chagrin) of the people at the bottom.
A new MLM wrinkle is to sell "reports". The sales pitch tells the mark to
mail a thousand or more letters to names found on mailing lists. The sales
letter describes the operation as a bonafide MLM. The "product" is a group
of five reports which sells for $5. The person who buys them can copy them
and do the same thing and sell them to umpteen more marks, and so on.
No one wants to continue to buy the reports again and again (as they do for
vitamins or cosmetics). The money paid to the man at the top of the list
(or the first to mail a few thousand letters) has to come from the pockets
of marks. Somewhere down the road, the second and subsequent levels of
marks won't be able to find any more suckers. The last few thousand people
who joined the MLM will never get their money back. They've been stung!
The sale of the reports supposedly legitimize the use of the MLM name. The
actual value of the reports is questionable, but the main problem with the
illegal MLM is that it does not sell "repeat" items such as those sold by
legitimate MLMs. They do not expect a continuous flow of income and so
cannot pay commissions. Instead, payments to each new con man in the scam
must come from new marks, who try to sell five sheets of paper to other
marks, and so on. The "reports" are just a ruse to rationalize the scam.
As any lawyer will tell you, a rose is a rose, no matter what you call it.
By the same token, paper reports (costing less than $1) or like items of
insignificant value become sham sales. Selling them would be determined by
the courts as simply a ruse to make the scam plausible to gullible people.
More and more phoney MLMs are making the rounds. Every week someone hatches
a new one. Look for them, and prosecute them. However, before you jump the
gun and possibly make false accusations (or false arrests), check them out
first with a lawyer or the FBI.
Chain Letters Called by Various Names
In chain letters, or similar dressed-up MLM schemes, it's not possible for
everyone in the pyramid to get their money back, let alone make a profit.
That means new recruits who pay into the scheme at a later date can't get
paid as promised. Those who initiate the scheme and their immediate
followers have a good chance of collecting more than they put into it, but
the majority of investors wind up losers. That's fraud, which falls under
RICO statutes.
You don't have to catch the person who originated these scams. Each and
every person involved in and participating in pyramid schemes is guilty of
breaking the law. If you can establish an audit trail of names, you may be
able to snare a few hundred to a few thousand violators.
The list of names on the chain letter doesn't contain the names of everyone
involved, only the current list. However, each person on the letter may be
"persuaded" to produce the list they received (and probably kept) to
provide an audit trail back to almost all of the people involved.
Police, prosecutors, and the courts are far too busy to be enthusiastic
about the huge chore to convict every person on a pyramid scheme. But if a
CrimeFighter wanted to, he could "volunteer" (Qui Tam law) to prosecute a
few hundred or a few thousand (felony) lawbreakers. Even if the reward paid
is only $100 per person (under 3059), you qualify for Qui Tam. That puts
you in the driver's seat to lay charges and do the plea bargaining. You can
also file a $1,000 personal lawsuit at the same time to collect for your
time and expenses involved.
Lay criminal charges under RICO as well as a personal civil suit for $1,000
against each lawbreaker. Using the Rules of Discovery and interrogatories
and depositions, you can obtain the names and addresses of participants
from list-to-list all the way to the top. There's usually a few hundred to
a thousand or more participants in most chain-letter schemes. If you track
them down, and prosecute 1,000 of them, using RICO and civil suits, at
$1,000 each you could wind up with a million dollars!
By now you should know how to use plea bargaining on pending criminal
charges as leverage to settle your civil suit for $1,000. An out-of-court
settlement lets you dismiss the criminal charges with a warning for first
time violators. I believe 99.9% would be happy to settle out of court.
Arizona Revised Statutes, under Trade and Commerce, which follows, can be
used as an example. All states have similar statutes. Look them up.
ARS 44-1731 (pyramid schemes) Definitions.
In this article, unless the context otherwise requires:
1. "Compensation" includes a payment based on a sale or distribution made
to a person who either is a participant in a pyramid promotional scheme or
has the right to become a participant upon payment.
2. "Consideration" means the payment of cash or the purchase of goods,
services or intangible property but does not include:
(a) The purchase of goods or services furnished at cost to be used in
making sales and not for resale.
(b) Time and effort spent in pursuit of sales or recruiting activities.
3. "Pyramid promotional scheme" means any plan or operation by which a
participant gives consideration for the opportunity to receive compensation
which is derived primarily from any person's introduction of other persons
into participation in the plan or operation rather than from the sale of
goods, services or intangible property by the participant or other persons
introduced into the plan or operation.
ARS 44-1732 Violation; classification
A. Any person who violates any of the provisions of this article is guilty
of a class 6 felony.
B. The attorney general or county attorney, or both, shall institute the
criminal actions to enforce provisions of this article.
An act or practice in violation of this article constitutes an unlawful
practice under 44-1522. The attorney general may investigate and take
appropriate action as prescribed by chapter 10, article 7 of this title
(Section 44-1521 et seq.)
ARS 44-1735 Pyramid promotional scheme; prohibition; defenses excluded.
A. A person shall not establish, operate, advertise or promote a pyramid
promotional scheme.
B. A limitation as to the number of person who may participate or the
presence of additional conditions affecting eligibility for the opportunity
to receive compensation under the plan or operation does not change the
identity of the scheme as a pyramid promotional scheme nor is a defense
under this article that a participant, on giving consideration, obtains any
goods, services or intangible property in addition to the rights to receive
compensation."
* * * * * *
Selling five flimsy reports (or any other item or providing services of any
kind, of any value) does not make an illegal pyramid scheme legitimate. The
test is that if there are no repeat sales to generate a normal profit from
which distributors can actually earn their commissions, it's probably a
pyramid scheme. Check it out.
Fraud and Deception
There is a subtle difference between falsity and deception. Blatantly false
statements such as "the best burger in the world" is not considered false
advertising, no matter how true or untrue the statement is (who knows?).
These generalized statements are classified as "puffery" and often used to
some extent by many companies. Hardly anyone takes them seriously.
However, a false or unproven statement that says, in effect, one product
will do something better than a competitive product may, comes under the
scrutiny as a false advertising claim. And when something is knowingly and
willfully done to deceive the public into buying a product, it's illegal.
For example, a well-known company advertised a can of shaving cream as
their competitor's brand ("brand X") to demonstrate how quickly brand X
evaporated compared to their brand. The deception was that brand X didn't
contain shaving cream but a concoction that foamed like shaving cream and
evaporated quickly.
A famous brand of "chunky style" Soup was once advertised on TV using a few
marbles in the bottom of a soup bowl to make it appear as though the soup
was "brim-full" of meat and vegetables. The use of marbles in soup was done
"knowingly and willfully" to deceive the public. That's illegal.
Bait and Switch Advertising
Another type of fraud is accomplished by a company or individual that
advertises to sell a product for a very low price. People who ask for the
item are often advised, "sorry, we just sold the last one." They're
steered to a more expensive product the company really wants to sell.
Having just one or two of the products available and advertised at a low
price won't get the company off the hook for bait and switch advertising
unless the number of units available is mentioned in the ad. Fraud occurs
when the intent was not to sell the advertised item(s) but simply to lure
the public into the place of business to buy higher-priced items.
Example: A few years ago I wanted to buy some furniture. A bedroom suite
was advertised for about half the usual price. When I went to the store I
was shown a bedroom set of flimsy furniture. For what I had in mind, the
price was O.K. so I decided to purchase it anyway - to the consternation of
the salesman. It turned out that bedroom set was their one and only. It was
used as "bait." They didn't expect to sell it and didn't want to sell it.
They tried to talk me out of it by "discounting" a better-looking group. I
didn't realize it at that time, but they were using a bait and switch
operation.
Bait and switch is very common. It's also against the law because it's
"deceptive advertising." Used car dealers are notorious for bait and
switch advertisements ("creampuffs" turn out to be "clunkers") but they
lure you to their salesroom so they can work on you to sell you a
different, higher-priced vehicle.
Another incident: Many years ago I read an advertisement offering a low-
cost automatic transmission drain and refill plus a free inspection. After
the truck was up on a rack and the transmission partially disassembled, l
was shown the "burnt" oil and parts and was strongly advised to have an
overhaul done. I couldn't afford the $300 or so they said it would cost, so
I told them to just put it back together as I had no problem with it
before. The mechanic worked on me, the head mechanic worked on me, and the
sales manager worked on me - trying to convince me to have it "overhauled."
It took almost an hour to convince them I was absolutely not going to be
coerced into expensive repairs when I felt none was necessary. (The truck
transmission never gave me any problems afterwards.)
It was a typical bait and switch operation. The company was later charged
and convicted for this illegal practice. If I had known the law at that
time, I would have reported it and collected a reward -- and might have
been able to buy a new truck!
Automotive repair chains that offer "free inspection" are sometimes used
like bait and switch ads. Free inspections often lead to expensive repairs.
Some may be required, some not.
Ghost Cars
Occasionally, news reporters will take a "ghost" car, which has been
checked by a couple of reliable mechanics and certified that no repairs are
necessary, to a franchised shop for inspection. They find that quite a few
mechanics claim the car needs expensive repairs. The undercover investiga-
tion or "sting operations" by reporters always make a good news story.
If you're a reporter, remember that you can also collect a reward!
If you're mechanically inclined, get an older car, have it checked out and
verified as "mechanically sound" by two certified mechanics who know what
you're up to. Advise them they may be required to be "expert witnesses."
(They get paid for their time.) Then set up your auto-mechanic sting
operation, and snare a dozen or so dirty-dealing garage-mechanic bandits!
The supply of garage-mechanic bandits is unlimited. If they're part of a
franchise chain, so are the fines! In a large city there's enough
"business" for a full-time garage-buster. If you go after the franchise
chains, and snare a few dealers, it could lead to megabuck fines, of which
you can get half when you prosecute under RICO civil suits.
* * * * * *
False Advertising
Look for intentionally misleading wording that seems to promise one thing,
but delivers another -- sometimes by implying what isn't stated but leading
readers to believe they will get what seems to be promised, but which is
never intended to be delivered.
According to Section 15 of the Federal Trade Commission Act, deceptive
advertisements are those that are "misleading in material respect," which
has been interpreted by the courts to mean the deceptive advertisement must
somehow affect the purchasing decisions of the customer.
If the wording is designed skillfully, knowingly and willfully to entice
buyers by implying something that isn't true, but coaxes the purchase by
deliberate omission of the true facts, or play of words, it's deceptive
advertising.
For a complete definition of what constitutes fraudulent practices, look up
your state laws concerning trade and commerce. State law books, usually
called "Revised Statutes," cite a few cases for quick reference. They will
help you decide the type of evidence you need and help you analyze the
strengths and weaknesses in the potential fraud case you may have
discovered.
* * * * * *
U.S. Post Office Rewards
This section isn't about the "Wanted" posters hanging in the U.S. Post
office. It's about rewards offered for information leading to the arrest
and conviction of persons violating postal laws.
This law is long and humdrum for CrimeFighters, so I'll skip the many pages
that lead up to the reward clause.
Title 39 USCS 101 et seq.
404. Specific Powers.
"(a) Without limitation of the generality of its powers, the Postal Service
shall have the specific powers, among others:
(skipped (1) through (6) the non-reward paragraphs)
(7) to investigate postal offenses and civil matters relating to the postal
Service;
(8) to offer and pay rewards for information and services in connection
with violations of the postal laws, and, unless a different disposal is
expressly prescribed, to pay one-half of all penalties and forfeitures
imposed for violations of law affecting the Postal Service, its revenues,
or property, to the person informing for the same, and to pay the other
one-half into the Postal Service Fund; and ..." Unquote.
* * * * * *
While almost all of the wording in it pertains to postal property, stamps
and mail, it covers almost all crimes that uses postal services in one way
or another. Almost all scams either use the mails to distribute their
offerings, or to receive money though the mails. (More on that at the end
of this chapter.)
The key words are "to pay one-half." Under this law, negotiations aren't
required to qualify for 50% of the resultant fines and forfeitures. At
least that's what appears to be the case.
Protecting Your Claim for Postal Rewards
I mailed the evidence of a pyramid scheme letter I received to the postal
authorities in California. I didn't get a reward. The inspector I dealt
with brushed me off and didn't answer my letters requesting a follow up. In
other words, I was stonewalled -- a common occurrence from bureaucrats.
I was told by a U.S. Postal Agent that the Service has no provision to pay
rewards for fraud cases even if it's called "mail fraud." According to the
person I dealt with, Title 39 USCS 404 refers only to the crimes listed on
Notice 96 (below). After reading the words and phrases in USCS 404 (above)
you may agree I was eligible, but just stonewalled by a petty bureaucrat at
the bottom of the decision-making ladder.
Their rationale is, I suppose, they're saving taxpayers' money. While that
may be true, it also discourages any further disclosures. In this case, a
thousand dollars "saved" might well mean many postal violations and many
thousands of dollars worth of potential fines and forfeitures are lost.
In England, that's called being penny-wise and pound foolish.
My mistake was in not negotiating first and keeping the evidence. I felt
that if I provided the information, rewards would be paid without any
hassle. Unfortunately, that's not how bureaucrats think. In most cases,
they begrudge paying citizens for what they feel is their duty. It doesn't
matter if there is a law saying rewards will be paid. If they can avoid
paying it, they'll stonewall your requests and letters of inquiry, and
simply brush you off.
If you receive or obtain evidence of any kind of mail fraud, do not mail it
to postal authorities (or any other law enforcement agency). Make a brief
preliminary disclosure of the details but don't provide the name and
address of the person or company. Negotiate for a reward, and get the
promise to pay in writing.
Also, another thing to look out for: be sure the person who promises to
pay a reward has the authority to legally bind the agency to the payment.
If the person who makes the promise isn't authorized to make any such
promises, the promise can be swept aside. To avoid that problem, insist
that the promise to pay a reward (and a share of the fines and forfeitures)
also includes a separate paragraph that clearly states the person offering
the reward is duly authorized to pay the reward as outlined in the letter
to you. If the person who signs such a statement isn't authorized (and
knowingly lies) you can sue him personally, as well as the department he
represents, for breach of promise.
If you want the largest reward possible, prosecute the case yourself under
Federal RICO law. If that's too much trouble, keep in mind that almost all
felonies are covered by their own respective Federal laws according to the
crime committed. Use them instead of Postal laws for prosecution. Or,
contact the FBI or U.S. District Attorney for those few cases where RICO
doesn't apply. The FBI has proven to be more generous in paying rewards
than the Postal Service, and welcomes information from CrimeFighters.
F9 for Next Chapter
Wildlife Protection
Arizona Sets a Good Example
Arizona has a brochure called Operation Game Thief. It lists various
rewards for information on poachers of certain animals, birds and fish.
They pay rewards as follows:
$350 for Elk, Bighorn Sheep, Buffalo, and Bald Eagles. $250 for Deer,
Antelope, Bear, Turkey, Lion, and Javelina, or any critter on the
endangered species list
$50 to $150 for other species of wildlife and attendant acts of vandalism.
Other Rewards
In addition, several sportsmen's groups provide reward funds that allow
payments ranging from $50 to $1,000 in cases where, under State law,
Operation Game Thief is not able to pay. The rewards are, nevertheless, for
cases where the tip was originally provided through Operation Game Thief.
Decisions on these are made in consultation with the boards of member
organizations:
Operation Game Thief brochures are printed and distributed by Arizona
department of Game and Fish. The number to call for Arizona's Operation
Game Thief is 1-800-352-0700.
Most States have similar rewards, also under the name Game Thief, or
similar names, and sponsored by various organizations.
By the way, various places throughout California, Idaho, Nevada and Arizona
offer a $1,000 reward for information on poachers. I believe all States
have similar rewards, and almost every store that sells hunting and fishing
licenses probably know of a person, group, sheriff, or local DFG warden.
They can advise you if there are any rewards available. They'll also tell
you the number to call or person to contact. If all else fails, remember
WE-TIP. In California dial 1 (800) 78-CRIME, or outside of California dial
1 (800) 73-CRIME.
The following hotline numbers were noticed in The American Hunter, one of
the NRA's official publications. While they may or may not pay a reward, if
you just want to blow the whistle on poachers, here's the 800 numbers to
call:
Poaching Hotline Numbers
Help Stop Game Thieves! Use These Toll-Free 800 Numbers
(Note: all the following are to be preceded with 800)
Alabama 242-4263 Alaska 478-3377 Arizona 352-0700 Arkansas 482-9262
Califor 952-5400 Colorad 332-4155 Connect 842-4357 Delaware 292-3030
Fla NE 342-8105 Fla NW 342-1676 Fla Cen 342-9620 Everglds 432-2046
Fla Sou 282-8002 Georgia 241-4113 Hawaii 548-5918 Idaho 632-5999
Illinoi 252-0163 Indiana 847-4367 Iowa 532-2020 Kansas 228-4263
Kentuck 252-5378 Louisia 442-2511 Maine 253-7887 Maryland 635-6124
Massach 632-8075 Michign 292-7800 Minneso 652-9093 Mississi 237-6278
Missour 392-1111 Montana 847-6668 Nebrask 742-7627 Nevada 992-3030
New Ham 344-4262 New Jer 222-0456 New Mex 432-4263 New York 847-7332
N Carol 662-7137 N Dakot 472-2121 Ohio 762-2437 Oklahoma 522-8039
Oregon 452-7888 Penn NW 533-6764 Penn SW 243-8519 Pen NCen 422-7551
Pen SCen422-7554 Penn NE 228-0789 Penn SE 228-0791 Rhode Is 525-0770
S Carol 922-5431 S Dakot 592-5522 Tenness 255-8972 Texas 792-4263
Utah 662-3337 Vermont 752-5378 Virgini 237-5712 Washngtn 477-6224
W Virgin638-4263 Wiscons 847-9367 Wyoming 442-4331
Park Rangers Asked to Don Body Armor
"GRAND CANYON, Arizona - Skyrocketing crime in some of America's wilderness
vacation spots has compelled the National Park Service to urge rangers to
wear bulletproof vests.
Park Service officials say car thieves, drug smugglers and gangs flourish
in parks because the remote areas are difficult to patrol and tourists, who
believe the sites are immune to crime, take fewer precautions in protecting
their property.
Although crime statistics are sketchy, mounting incidents show park areas
are not immune from the worst of urban crime.
Last year park ranger Robert L. McGhee, 50, was shot to death after making
a traffic stop on a park road in Gulf Islands National Park in Mississippi.
In the past year, rangers shot two men to death in separate armed battles
at Lake Mead National Recreational Area near Las Vegas, Nevada.
Drugs have also played a part in park crime waves. A major drug smuggling
operation was uncovered in Big Bend National Park in Texas, and a
laboratory for the illegal drug methamphetamine was found in Joshua Tree
National Park in California. Remote areas on BLM land is often used to set
up drug factories, or to grow marijuana.
A pocketbook, "Outlaw" (The true story of Claude Dallas), by Jeff Long,
tells about a self-styled mountain man who lived off the land hunting and
trapping in the Idaho/Nevada/Oregon triangle (Owyhee region) in 1980.
Claude shot and killed two Department of Fish and Game wardens. He was
caught, prosecuted, went to prison, and escaped in 1986 and is still on the
loose, probably in the same area.
The book has a surprising statistic quoted, and a cautionary comment for
anyone considering being a game warden or a CrimeFighter specializing in
patrolling Parks and Forests:
"The Wyoming Fish and Game Department report showed that a game warden has
roughly SEVEN times the chance of getting shot at or threatened with a gun
as a regular police officer, and almost NINE times as great a chance of
dying if assaulted."
With those statistics, the Department of Fish and Game should up the ante
from $1,000 and make the reward $10,000 for the arrest of any poacher, and
lawmakers should upgrade poaching from a misdemeanor to a felony - to make
it commensurate with the increased seriousness and risk.
Canadians have similar problems. A recent Canadian TV program featured a
story about poachers in Quebec. It mentioned the increasing number of
incidents that have taken place in the last few years. Many game wardens
have been threatened, beaten, and hospitalized, or shot and killed by
poachers. Until recently, game wardens in Canada carried no firearms but
after the last incident mentioned on the TV show, where a game warden was
shot to death by a crossbow, the need for well-armed law enforcement
personnel in parks and forests as well as urban areas are now obvious and
recommended.
CrimeFighters (and campers, fishermen, etc.) are advised to have the means
to protect themselves in remote areas where there are few armed rangers to
provide them with protection. CrimeFighters on park patrols should likewise
carry a weapon for self defense in case they're discovered and a poacher
makes a life-threatening move against them.
When you decide to patrol a national forest or national park, stop at the
ranger station and read the park rules concerning weapons. If in doubt,
check with the ranger or game warden. Obey the posted rules.
Have a chat with the ranger first. He'll be more likely to believe you when
you call to report poaching or other illegal activity. When talking to the
ranger or game warden, ask for their telephone number or CB channel that
you can use to give them a call.
Patience is a Virtue (and a Necessity)
Stake-outs and covert surveillance require endless patience, That's an
accepted part of a lawman's job. The U.S. Customs or the Border Patrol
officers describe their job as "95% boredom, with 5% sheer terror."
CrimeFighters on stake-outs should remember that. If you keep a discreet
distance and not expose yourself to dangerous situations, you can avoid the
5% sheer terror. That way it might be 95% boredom and 5% happy excitement.
The latter occurs when you obtain evidence resulting in an arrest and a
conviction and qualify for the rewards.
Remember: "... a game warden has roughly SEVEN times the chance of getting
shot at or threatened with a gun as a regular police officer, and almost
NINE times as great a chance of dying if assaulted."
Whenever possible, call the police or law enforcement agencies to make the
arrest. Keep a low profile. Never expose yourself to unnecessary physical
danger or lawsuits. If you're a full-time CrimeFighter, and in it mainly
for the money, don't jeopardize your life or bank account by sticking your
neck out. Your job is to supply the information to law enforcement agents.
Let a lawman make the arrest.
In addition to Fish and Game poachers, there's another type of poacher who
is even more dangerous: those who threaten the extinction of wildlife
listed as endangered species. There are Federal laws that offer rewards for
information leading to their arrest and conviction.
* * * * * *
The Law
The following law quotations are included for your convenience in case you
wanted the information. But reading them is slow and tedious. If you're not
interested in pursuing a career in wildlife law enforcement, use F9 to skip
the remainder of this chapter.
Conservation Reward Laws
16 USCS Section 668 Reward for information concerning violations of the
Protection of Bald and Golden Eagles.
(a) Prohibited acts; criminal penalties.
Whoever, within the United States or any place subject to the jurisdiction
thereof, without being permitted do so as hereinafter provided, shall
knowingly, or with wanton disregard for the consequences of his act take,
possess, sell, purchase, barter, offer to sell, purchase or barter,
transport, export or import, at any time or in any manner, any bald eagle
commonly known as the American eagle, or any golden eagle, alive or dead,
or any part, nest, or egg thereof of the foregoing eagles, or whoever
violates any permit or regulation issued pursuant to this Act, shall be
fined not more than $5,000 or imprisoned not more than one year or both:
Provided, That in the case of a second or subsequent conviction for a
violation of this section committed after the date of the enactment of this
provision (enacted Oct 23, 1972), such person shall be fined not more than
$10,000 or imprisoned not more than two years, or both: Provided further,
That the commission of each taking or other act prohibited by this section
with respect to a bald or golden eagle shall constitute a separate
violation of this section: Provided further, That one-half of any such
fine, but not to exceed $2,500, shall be paid to the person or persons
giving information which leads to conviction: Provided further, That
nothing herein shall be construed to prohibit possession or transportation
of any golden eagle, alive or dead, or any part, nest, or egg thereof,
lawfully taken prior to the addition of this Act of the provisions relating
to the preservation of the golden eagle.
(b) Civil Penalties.
Whoever, within the United States or any place subject to the jurisdiction
thereof, without being permitted do so as hereinafter provided, shall
knowingly, or with wanton disregard for the consequences of his act take,
possess, sell, purchase, barter, offer to sell, purchase or barter,
transport, export or import, at any time or in any manner, any bald eagle
commonly known as the American eagle, or any golden eagle, alive or dead,
or any part, nest, or egg thereof of the foregoing eagles, or whoever
violates any permit or regulation issued pursuant to this Act, may be
assessed a civil penalty by the Secretary of not more than $5,000 for each
such violation. Each violation shall be a separate offense. No penalty
shall be assessed unless such person is given notice and opportunity for a
hearing with respect to such violation. In determining the amount of the
penalty, the gravity of the violation, and the demonstrated good faith of
the person charged shall be considered by the Secretary. For good cause
shown, the Secretary may remit or mitigate any such penalty. Upon failure
to pay the penalty assessed under this section, the Secretary may request
the Attorney General to institute a civil action in a district court of the
United States for any district in which such person is found or resides or
transacts business to collect the penalty and such court shall have the
jurisdiction to hear and decide any such action. In hearing any such
action, the court must sustain the Secretary's action if supported by
substantial evidence."
* * * * * *
16 USCS Section 1371 - 1376, Reward for information on violation of Marine
Mammal Protection Act.
Section 1375 Penalties
(a)(1) Any person who violates any provision of this title or of any permit
or regulation issued thereunder may be assessed a civil penalty by the
Secretary of not more than $10,000 for each such violation. No penalty
shall be assessed unless such person is given notice and opportunity for a
hearing with respect to such violation. Each unlawful taking or importation
shall be a separate offense. Any such civil penalty may be remitted or
mitigated by the Secretary for good cause shown. Upon any failure to pay a
penalty assessed under this subsection, the Secretary may request the
Attorney General to institute a civil action in a district court of the
United States for any district in which such person is found, resides, or
transacts business to collect the penalty and such court shall have
jurisdiction to hear and decide any such actions.
(2) In any case involving an alleged unlawful importation of a marine
mammal or marine mammal product, if such importation is made by an
individual for his own personal or family use (which does not include
importation as an accommodation to others or for sale or other commercial
use), the Secretary may, in lieu of instituting a proceeding under
paragraph (1), allow the individual to abandon the mammal or product under
procedures to be prescribed by the Secretary, to the enforcement officer at
the port of entry.
(b) Any person who knowingly violates any provision of this title or of any
permit or regulations issued thereunder shall, upon conviction, be fined
not more than $20,000 for each such violation, or imprisoned for not more
than one year, or both. (Oct 21, 1972 and amended on Oct 9, 1981)
Section 1376 Seizure and forfeiture of Cargo
(a) Application of consistent provisions.
Any vessel or other conveyance subject to the jurisdiction of the United
States that is employed in any manner in the unlawful taking of any marine
mammal shall have its entire cargo or the monetary value thereof subject to
the seizure and forfeiture. All provisions of law relating to the seizure,
judicial forfeiture, and condemnation of cargo for violation of the customs
laws, the disposition of such cargo, and the proceeds form the sale
thereof, and the remission or mitigation of any such forfeiture, shall
apply with respect to the cargo of any vessel or other conveyance seized in
connection with the unlawful taking of a marine mammal insofar as such
provisions of law are applicable and not inconsistent with the provisions
of this title.
(b) Penalties.
Any vessel subject to the jurisdiction of the United Sates that is employed
in any manner in the unlawful taking of any marine mammal shall be liable
for a civil penalty of not more than $25,000. Such penalty shall be
assessed by the district court of the United States having jurisdiction
over the vessel. Clearance of a vessel against which a penalty has been
assessed, from a port of the United Sates, may be withheld until such
penalty is paid, or until a bond or otherwise satisfactory surety is
posted. Such penalty shall constitute a maritime lien on such vessel which
may be recovered by action in rem in the district court of the United
States having jurisdiction over the vessel.
(c) Reward for information leading to conviction.
Upon the recommendation of the Secretary, the Secretary of the Treasury is
authorized to pay an amount equal to one-half of the fine incurred but not
to exceed $2,500 to any person who furnishes information which leads to a
conviction for a violation of this title. Any officer or employee of the
United States or of any State or local government who furnishes information
or renders service in the performance of his official duties shall not be
eligible for payment under this section.
* * * * * *
Comment: If any breach of law includes a felony, and the crime was based on
financial gain, RICO law may also apply. If that's possible, a CrimeFighter
should weigh the anticipated reward to be paid compared to what might be
gained by prosecution under RICO law where 50% of the fines and forfeitures
from civil and criminal suits may be obtained. Be the prosecutor when you
can to assure substantial rewards via fines and forfeitures, unless they
are expected to be minimal. In that case, let the Rangers do the
prosecution and apply for appropriate rewards.
* * * * **
16 USCS Section 1540. Reward for information leading to the arrest, a
criminal conviction, civil penalty assessment or forfeiture of property
concerning a violation of the Endangered Species Act.
Section 1540 Penalties and enforcement
(a) Civil Penalties.
Any person who knowingly violates, or who knowingly commits an act in the
course of a commercial activity which violates any provision of this Act,
or any provision of any permit or certificate issued hereunder, or any
regulation issued in order to implement subsection (a)(1)(A), (B), (C),
(D), (E), or (F),(a)(2)(A),(B), (C), or (D), (c), (d) (other than
regulation relating to record keeping or filing of reports), (f) or (g) of
section 9 of this Act may be assessed a civil penalty by the Secretary of
not more than $25,000 for each violation. Any person who knowingly
violates, and any person engaged in business as an importer or exporter of
fish, wildlife, or plants, who violates any provision of any other
regulation issued under this Act may be assessed a civil penalty by the
Secretary of not more than $12,000 for each such violation. Any person who
otherwise violates any other provision of this Act, or any regulation,
permit, or certificate issued hereunder, may be assessed a civil penalty by
the Secretary of not more than $500 for each violation. No penalty may be
assessed under this subsection unless such person is given notice and
opportunity for a hearing with respect to such violation. Each violation
shall be a separate offense. Any such civil penalty may be remitted or
mitigated by the Secretary. Upon any failure to pay a penalty assessed
under this subsection, the Secretary may request the Attorney General to
institute a civil action in a district court of the United States for any
district in which such person is found, resides, or transacts business to
collect the penalty and such court shall have jurisdiction to hear and
decide such action. The court shall hear such action on the record made
before the Secretary and shall sustain his action if it is supported by
substantial evidence on the record considered as a whole.
(2) Hearings held during proceedings for the assessment of civil penalties
authorized by paragraph (1) of this subsection shall be be conducted in
accordance with section 554 of title 5, United States Code. The Secretary
may issue subpoenas for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and administer oaths.
Witnesses summoned shall be paid the same fees and mileage that are paid to
witnesses in the courts of the United States. In case of contumacy or
refusal to obey a subpoena served upon any person pursuant to this
paragraph, the district court in which such person is found or resides or
transacts business, upon application by the United States and after notice
to such person, shall have jurisdiction to issue an order requiring such
person to appear and produce documents before the Secretary, or both, and
any failure to obey such order of the court may be punished by such court
as a contempt thereof.
(b) Criminal violations.
(1) Any person who knowingly violates any provision of this Act, of any
permit or certificate issued hereunder, or of any regulation issued in
order to implement subsection (a)(1)(A), (B), (C), (D),(E), or (F);
(a)(2)(A), (B), (C), or (D), (c), (d) (other than regulation relating to
record keeping or filing of reports), (f) or(g) of section 9 of this Act
shall upon conviction, be fined not more than $50,000 or imprisoned for not
more than one year, or both. Any person who knowingly violates any
provision of any other regulation issued under this Act shall, upon
conviction, be fined not more than $25,000 or imprisoned for not more than
six months, or both.
(2) The head of any Federal agency which has issued a lease, license,
permit, or other agreement authorizing a person to import or export fish,
wildlife, or plants, or to operate a quarantine station for imported
wildlife, or authorizing the use of Federal lands, including grazing of
domestic livestock, to any person who is convicted of a criminal violation
of this Act or any regulation, permit, or certificate issued hereunder may
immediately modify, suspend, or revoke such lease, license, permit, or
other agreement. The Secretary shall also suspend for a period of up to one
year, or cancel, any Federal hunting or fishing permits or stamps issued to
any person who is convicted of a criminal violation of any provision of
this Act or any regulation, permit, or certificate issued hereunder. The
United States shall not be liable for the payments of any compensation,
reimbursement, or damages in connection with the modification, suspension,
or revocation of any leases, licenses, permits, stamps, or other agreements
pursuant to this section.
(3) Notwithstanding any other provision of this Act, it shall be a defense
to prosecution under this subsection if the defendant committed the offense
based on good faith belief that he was acting to protect himself or
herself, a member of his or her family, or any other individual, from
bodily harm from any endangered or threatened species.
(c) District court jurisdiction.
The several district courts of the United States, including the courts
enumerated in section 460 of title 28, United States Code, shall have
jurisdiction over nay actions arising under this Act. For the purpose of
this Act, American Samoa shall be included within the judicial district of
the District Court of the United States for the District of Hawaii.
(d) Rewards and certain incidental expenses.
The Secretary or the Secretary of the Treasury shall pay, from sums
received as penalties, fines, or forfeitures of property for any violation
of this Act or any regulations issued hereunder
(1) a reward to any person who furnishes information which leads to an
arrest, a criminal conviction, civil penalty assessment, or forfeiture of
property for any violation of this Act or any regulation issued hereunder,
and
(2) the reasonable and necessary costs incurred by any person providing
temporary care for any fish, wildlife or plant pending the disposition of
any criminal proceeding alleging a violation of this Act with respect to
that fish, wildlife or plant. The amount of the reward, if any, is to be
designated by the Secretary or the Secretary of the Treasury, as
appropriate. Any officer or employee who furnishes information or renders
service in the performance of his official duties shall not be eligible for
payment under this section. Whenever the balance of sums received under
this section and section 3375(d) of the Act of November 16, 1981, as
penalties or fine, or from forfeitures of property, exceed $500,000, the
Secretary of the Treasury shall deposit an amount equal to such excess
balance in the cooperative endangered species conservation fund established
under section 1535(d) of this Act.
(e) Enforcement.
(1) The provisions of this Act and any regulations or permits issued
pursuant thereto shall be enforced by the Secretary of the Treasury, or the
Secretary of the Department in which the Coast Guard is operating, or all
such Secretaries. Each such Secretary may utilize by agreement, with or
without reimbursement, the personnel, services, and facilities of any other
Federal agency or any State agency for purposes of enforcing this Act.
(2) The judges of the district courts of the United States and the United
States magistrates may, within their respective jurisdictions, upon proper
oath and affirmation showing probable cause, issue such warrants or other
process as may be required for enforcement of this Act and any regulations
issued thereunder.
(3) Any person authorized by the Secretary, the Secretary of the Treasury,
or the Secretary of the Department in which the Coast Guard is operating,
to enforce this Act may detain for inspection and inspect any package,
crate, or other container, including its contents, and all accompanying
documents, upon importation or exportation. Such person may make arrests
without a warrant for any violation of this Act if he has reasonable
grounds to believe that the person to be arrested is committing the
violation in his presence or view, and may execute and serve any arrest
warrant, search warrant, or other warrant or civil or criminal process
issued by any officer or court of competent jurisdiction for enforcement of
this Act. Such person so authorized may search and seize, with or without a
warrant, as authorized by law. Any fish, wildlife, property, or item so
seized shall be held by any person authorized by the Secretary, the
Secretary of the Treasury, or the Secretary of the Department in which the
Coast Guard is operating pending disposition of civil or criminal
proceedings, or the institution of an action in rem for forfeiture of such
fish, wildlife, property, or item, pursuant to paragraph (4) of this
subsection; except that the Secretary may, in lieu of holding such fish,
wildlife, property, or item, permit the owner or consignee to post a bond
or other surety satisfactory to the Secretary, but upon forfeiture of any
such property to the United States, or the abandonment or waiver of any
claim to any property, it shall be disposed of (other than sale to the
general public) by the Secretary in such a manner, consistent with the
purposes of this Act, as the Secretary shall by regulation prescribe.
(4)(A) All fish or wildlife or plants taken, possessed, sold, purchased,
offered for sale or purchase, transported, delivered, received, carried,
shipped, exported, or imported contrary to the provisions of this Act, any
regulations made pursuant thereto, or any permit or certificate issued
hereunder shall be subject to forfeiture to the United States.
(B) All guns, traps, nets and other equipment, vessels, vehicles, aircraft,
and other means of transportation used to aid the taking, possessing,
selling, purchasing, offering for sale or purchase, transporting,
delivering, receiving, carrying, shipping exporting or importing of any
fish or wildlife or plants in violation of this Act, any regulation made
pursuant thereto, or any permit or certificate issued thereunder shall be
subject to forfeiture to the United States upon conviction of a criminal
violation pursuant to subsection (b)(1) of this Act.
(5) All provisions of law relating to the seizure, forfeiture and
condemnation of a vessel for violation of the customs laws, the disposition
of such vessel or the proceeds form the sale thereof, and the remission or
mitigation of such forfeiture, shall apply to the seizures and forfeitures
incurred or alleged to have been incurred, under the provisions of this
Act, insofar as such provisions of law are applicable and not inconsistent
with the provisions of this Act.; except that all powers, rights, and
duties conferred or imposed by the customs laws upon any officer or
employee of the Treasury Department shall, for the purposes of this Act, be
exercised or performed by the Secretary or by such persons as he may
designate.
(6) The Attorney General of the United States may seek to enjoin any person
who is alleged to be in violation of any provision of this Act or
regulations issued under authority thereof.
(f) Regulations. The Secretary, the Secretary of the Treasury, and the
Secretary of the Department in which the Coast Guard is operating, are
authorized to promulgate such regulations as may be appropriate to enforce
this Act, and charge reasonable fees for expenses to the Government
connected with permits or certificates authorized by this Act including
processing applications and reasonable inspections, and with the transfer,
board, handling, or storage of fish or wildlife or plants and evidentiary
items seized and forfeited under this Act. All such fees collected pursuant
to this subsection shall be deposited in the Treasury to the credit of the
appropriation which is current and chargeable for the cost of furnishing
the service. Appropriated funds may be expended pending the reimbursement
from parties in interest.
(g) Citizen suits.
(1) Except as provided in paragraph (2) of this subsection any person may
commence a civil suit on his own behalf -
(A) to enjoin any person, including the United States and any other
governmental instrumentality or agency (to the extent permitted by the
eleventh amendment to the constitution), who is alleged to be in violation
of any provision of this Act or regulation issued under the authority
thereof; or
(B) to compel the Secretary to apply, pursuant to section 1535(g)(2)(B)
(ii) of this Act, the prohibitions set forth in or authorized pursuant to
section 1533(d) or section 1538 (a)(1)(B) of this Act with respect to the
taking of any resident endangered species or threatened species within any
State; or
(C) against the Secretary where there is alleged a failure of the Secretary
to perform any Act or duty under section 1533 which is not discretionary
with the Secretary.
The district courts shall have jurisdiction, without regard to the amount
in controversy or the citizenship of the parties, to enforce any such
provision or regulation, or to order the Secretary to perform such act or
duty, as the case may be. In any civil suit commenced under subparagraph
(B) the district court shall compel the Secretary to to apply the
prohibition sought if the court finds that the allegation that an emergency
exists is supported by substantial evidence.
(2)(A) No action may be commenced under subparagraph (1)(A) of this section
-
(i) prior to sixty days after written notice of the violation has been
given to the Secretary, and to any alleged violator of any such provision
or regulation; (ii) if the Secretary has commenced action to impose a
penalty pursuant to subsection (a) of this section; or
(iii) if the United States has commenced and is diligently prosecuting a
criminal action in a court of the United States or a State to redress a
violation of any such provision or regulation.
B) No action may be commenced under subparagraph (1)(B) of this section-
(i) prior to sixty days after written notice has been given to the
Secretary setting forth the reasons why an emergency is thought to exist
with respect to an endangered species or a threatened species in the State
concerned; or
(ii) if the Secretary has commenced and is diligently prosecuting action
under section 1535 (g)(2)(B)(ii) to determine whether any such emergency
exists.
(C) No action may be commenced under subparagraph (1)(C) of this section
prior to sixty days after written notice has been given to the Secretary;
except that such action may be brought immediately after such notification
in the case of an action under this section respecting an emergency posing
a significant risk to the well-being of any species of fish or wildlife or
plants.
(3)(A) Any suit under this subsection may be brought in the judicial
district in which the violation occurs.
(B) In any such suit under this subsection in which the United States is
not a party, the Attorney General, at the request of the Secretary, may
intervene on behalf of the United States as a matter of right.
(4) The court, in issuing any final order in any suit brought pursuant to
paragraph (1) of this subsection, may award costs of litigation (including
reasonable attorney and expert witness fees) to any party, whenever the
court determines such award is appropriate.
(5) The injunctive relief provided by this subsection shall not restrict
any right which any person (or class of persons) may have under any statute
or common law to seek enforcement of any standard or limitation or to seek
any other relief (including relief against the Secretary or a State
agency).
(h) Coordination with other laws. The Secretary of Agriculture and the
Secretary shall provide for appropriate coordination of the administration
of this Act with the administration of the animal quarantine laws. Nothing
in this Act or any amendment made by this Act shall be construed as
superseding or limiting in any manner the functions of the Secretary of
Agriculture under any other law relating to prohibited or restricted
importations or possession of animals and other articles and no proceeding
or determination under this Act shall preclude any proceeding or be
considered determinative of any issue of fact or law in any proceeding
under any Act administered by the Secretary of Agriculture. Nothing in this
Act shall be construed as superseding or limiting in any manner the
functions and responsibilities of the secretary of the Treasury under the
Tariff Act of 1930 (19 USCS section 1527), relating to the importation of
wildlife taken, killed, possessed, or exported to the United States in
violation of the laws or regulations of a foreign country.
(Enacted Dec 28, 1973 and amended on July 12, 1976, Nov 10, 1978, Nov 16,
1981, Oct 13, 1982, and June 25, 1984.
F9 for next Chapter
National Parks and Forests
U.S. and Canada
National Forests
Ann Minden, Special Agent, Okanogan National Forests, provided a copy of
the law as it pertains to National Forests. Ann mentioned she was just
finishing a press release to advertise they now offer a reward up to $5,000
for information leading to the conviction of vandals who destroy National
Forest property. She also said they offered a reward of $500 for
information on the theft of two government horses. (They got the horses
back, and a conviction, but the tipster declined the reward.)
It appears that individual Parks and Forests have the authority to offer
rewards, but many do not. Perhaps that's because Park Rangers don't know
they can, or they have few problems and no need for advertising rewards for
information on lawbreakers in their territory. That doesn't mean rewards
are not available!
U.S. Department of Agriculture -- Forest Service
Title 36 Code of Federal Regulations, Part 262 - Law Enforcement Support
Activities 262.1 Rewards in connection with fires or property prosecutions
(a) Hereafter, provided Congress shall make the necessary appropriation or
authorize the payment thereof, the Department of Agriculture will pay the
following rewards.
(1) Not exceeding $5,000 for information leading to the arrest and
conviction of any person on the charge of willfully or maliciously setting
on fire, any timber, underbrush, or grass upon the lands of the United
States within the National Forest System or nearby.
(2) Not exceeding $1,000 for information leading to the arrest and
conviction of any person on the charge of having kindled or caused to be
kindled a fire on the lands of the United States within the National Forest
System or nearby, and leaving said fire which escapes before the same has
been totally extinguished.
(3) Not exceeding $5,000 for information leading to the arrest and
conviction of any person charged with destroying or stealing any property
of the United States; and
(b) A reward may be paid to the person or persons giving the information
leading to such arrest and conviction upon presentation to the Department
of Agriculture of satisfactory evidence thereof, subject to the necessary
appropriation as aforesaid, or otherwise as may be provided.
(c) Officers and employees of the Department of Agriculture are barred from
receiving such rewards.
(d) The Department of Agriculture reserves the right to refuse payments of
any claim for rewards when, in its opinion, collusion or improper methods
have been used to secure arrest and conviction. The Department also
reserves the right to allow only one reward where several persons have been
convicted of several offenses, unless the circumstances entitle the person
to a reward on each conviction.
(e) Application for reward should be forwarded to the Regional Forester,
Research Director, or Area Director who has responsibility for the land or
property involved in the trespass. However, no application will be
considered unless presented to a responsible Forest Service officer within
three months from the date of conviction of an offender. In order that all
claimants for rewards may have an opportunity to present their claims
within the prescribed limit, the Department will not take action with
respect to rewards for three months from the date of the conviction of an
offender."
* * * * * *
Comment: re (c) above. Active-duty police officers vacationing in National
Forests seem to be eligible for rewards from the Department of Agriculture.
* * * * * *
262.2 Purchase of information in furtherance of investigations.
Approval of payments. Payments for purchase of information to further
investigations of felonies and misdemeanors related to Forest Service
administration are authorized for each transaction as follows:
(1) Criminal investigators in the GS-1811 series and such other personnel
as the Chief of the Forest Service or a Regional Forester may designate,
and without prior approval, pay up to but not exceeding $200 for the
purchase of information under this section.
(2) For payments of amounts over $200 but not exceeding $500, advance
approval of the Forest Supervisor is required.
(3) For payments of amounts over $500 but not exceeding $2,500, advance
approval of the Regional Forester is required.
(4) For payments of amounts over $2,500, advance approval of the Chief of
the Forest Service is required.
(5) For purchase of information to further investigations within a Regional
Office, Forest and Range Experiment Station, State and Private Forestry
Area Office, or the National Office, payments in excess of $200 must be
approved in advance by the Chief of the Forest Service or by such other
personnel as the Chief may designate.
(b) Limitations. Purchase of information under this section is restricted
to furthering investigations of felony and misdemeanor violations. Payment
for information to further investigations of petty offenses as classified
in Title 18 USCS 1, are not authorized under this section."
* * * * * *
Comment: The above section authorizes payment for information on felonies
and misdemeanors. The following section is almost identical in wording but
the amounts have been doubled for the purchase of evidence of same, perhaps
a videotape of the crime in action.
262.3 Purchase of evidence in furtherance of investigations.
(1) Criminal investigators in the GS-1811 series and such other personnel
as the Chief of the Forest Service or a Regional Forester may designate,
and, without prior approval, pay up to but not exceeding $400 for the
purchase of evidence under this section.
(2) For payments of amounts over $400 but not exceeding $1,000, advance
approval of the Forest Supervisor is required.
(3) For payments of amounts over $1,000 but not exceeding $5,000, advance
approval of the Regional Forester is required.
(4) For payments of amounts over $5,000, advance approval of the Chief of
the Forest Service is required.
(5) For purchase of evidence to further investigations within a Regional
Office, Forest and Range Experiment Station, State and Private Forestry
Area Office, or the National Office, payments in excess of $400 must be
approved in advance by the Chief of the Forest Service or by such other
personnel as the Chief may designate.
(b) Limitations. Purchase of evidence under this section is restricted to
furthering investigations of felony and misdemeanor violations. Payment for
evidence to further investigations of petty offenses as classified in Title
18 USCS 1, are not authorized under this section."
National Parks
National Park laws are under the Department of the Interior, which is found
in Title 16 - Conservation. USCS 7421 (k) provides rewards for information
or evidence leading to the arrest of violators, and includes reimbursement
of undercover operations as well.
Title 16 USCS 742(L) (k) Law enforcement operations.
"With respect to any undercover or other enforcement operation which is
necessary for the detection and prosecution of violations of any laws
administered by the United States Fish and Wildlife Service or the National
Marine Fisheries Service relating to fish, wildlife, or plants, the
Secretary of the Interior or the Secretary of Commerce may, notwithstanding
any other provision of law -
1) direct the advance of funds which may be deposited in commercial banks
or other financial institutions;
(2) use appropriations for payment for information, rewards, or evidence
concerning violations, without reference to any rewards to which such
persons may be otherwise be entitled by law, and any moneys subsequently
recovered shall be reimbursed to the current appropriation; and
(3) use appropriations to establish or acquire proprietary corporations or
business entities as part of an undercover operation, operate such
corporations or business entities on a commercial basis, lease space and
make other necessary expenditures, and use the proceeds from such
undercover operations to offset necessary and reasonable expenses incurred
in such operations:
Provided, That at the conclusion of each such operation the proceeds shall
be deposited in the Treasury of the United States as miscellaneous
receipts."
* * * * * *
Comment: There are no specific amounts established for rewards or payment
for evidence. That means it's negotiable. Use the amounts mentioned below
as guidelines for National Parks' fish and wildlife rewards. Campground
violations are considered petty offenses, but theft of valuable items,
especially guns, are usually considered felonies. Report violations, but
don't expect rewards except for serious misdemeanors or felonies. In the
latter situation, apply for rewards from WE-TIP or other appropriate State
or Federal laws found elsewhere in this book.
Note: National Parks law (2) above may pay a reward in addition to any
other reward(s) paid under other laws, such as USCS 3059 and 886.
State Parks and related campground laws (and rewards) are not included in
this book because they usually vary from State to State. If readers know of
any such reward laws are available from your State Parks, please forward
the information to us for inclusion in the next version of CRIMFTR.
Archaeological Resources
Most State and Federal Parks, National Forests and Wildlife Refuges have
prohibitions against excavations and removing archaeological treasures.
Title 16 USCS, section 470ee
"Prohibited acts and criminal penalties.
No person may excavate, remove, damage, or otherwise alter or deface, or
attempt to excavate, remove or otherwise alter or deface any archaeological
resource located on public lands or Indian lands unless such activity is
pursuant to a permit issued under section 470cc, a permit referred to in
section (h)(2), or the exemption contained in 470cc (g)(1).
(b) No person may sell, purchase, exchange, transport, receive, or offer to
sell, purchase, or exchange any archaeological resource if such resource
was excavated or removed from public lands or Indian lands in violation of
-
(1) the prohibition contained in subsection (a), or
(2) any provision, rule, regulation, ordinance or permit in effect under
any other provision of Federal law.
(c) No person may sell, purchase, exchange, transport, receive, or offer to
sell, purchase, or exchange in interstate or foreign commerce, any
archaeological resource excavated, removed, sold, purchased, exchanged,
transported, or received in violation of any provision, rule, regulation,
ordinance, or permit in effect under State or local law.
(d) Any person who knowingly violates, or counsels, procures, solicits, or
employs any other person to violate, any prohibition contained in
subsection (a), (b), or (c) of this section shall, upon conviction, be
fined not more than $10,000 or imprisoned not more than one year, or both:
Provided, however, That if the commercial or archaeological value of the
archaeological resource exceeds the sum of $5,000, such person shall be
fined not more than $20,000 or imprisoned not more than two years, or both.
In the case of a second or subsequent such violation upon conviction such
person shall be fined not more than $100,000, or imprisoned not more than
five years, or both.
(e) The prohibitions contained in this section shall take effect on the
date of enactment of this Act. (enacted Oct 31, 1979, and amended on Nov 3,
1988)
(f) Nothing in subsection (b)(1) of this section shall be deemed applicable
to any person with respect to an archaeological resource which was in
lawful possession of such person prior to the date of enactment of this
Act.
(g) Nothing in subsection (d) of this section shall be deemed to be
applicable to any person with respect to the removal of arrowheads located
on the surface of the ground.
Section 470ff Civil penalties
(a)(1) Any person who violates any prohibition contained in an applicable
regulation or permit issued under this Act may be assessed a civil penalty
by the Federal land manager concerned. No penalty may be assessed under
this subsection unless such person is given notice and opportunity for a
hearing with respect to such violation. Each violation shall be a separate
offense. Any such civil penalty may be remitted or mitigated by the Federal
land manager concerned.
(2) The amount of such penalty shall be determined under regulations
promulgated pursuant to this section taking into account, in addition to
other factors-
(a) the archaeological or commercial value of the archaeological resource
involved, and
(b) the cost of restoration and repair of the resources and the
archaeological site involved.
Such regulations shall provide that, in case of a second or subsequent
violation by any person, the amount of such civil penalty may be double the
amount which would have been assessed if such violation were the first
violation by such person. The amount of any penalty assessed under this
subsection for any violation shall not exceed an amount equal to double the
cost of restoration and repair of resources and archaeological sites
damaged and double the amount the fair market value of resources destroyed
or not recovered.
(3) No penalty shall be assessed under this section for the removal of
arrowheads located on the surface of the ground.
(b)(1) Any person aggrieved by an order assessing a civil penalty under
subsection (a) may file a petition for judicial review of such order with
the United States District Court for the District of Columbia or for any
other district in which such a person resides or transacts business. Such a
petition may only be filed within the 30-day period beginning on the date
the order making such assessment was issued. The court shall hear such
action on the record made before the Federal land manager and shall sustain
his action if it is supported by substantial evidence on the record
considered as a whole.
(2) If any person fails to pay an assessment of a civil penalty -
(a) after the order making the assessment has become a final order and such
person has not filed a petition for judicial review of the order in
accordance with paragraph (1), or
(b) after a court in an action brought under paragraph (1) has entered a
final judgment upholding the assessment of a civil penalty, the Federal
land managers may request the Attorney General to institute a civil action
in a district court of the United States for any district in which such
person is found, resides or transacts business to collect the penalty and
such court shall have jurisdiction to hear and decide any such action. In
such action, the validity and amount of such penalty shall not be subject
to review.
(c) Hearings held during proceedings for the assessment of civil penalties
authorized by subsection (a) shall be conducted in accordance with section
554 of title 5 of the United States Code. The Federal land manager may
issue subpoenas for the attendance and testimony of witnesses and the
production of relevant papers, books and documents, and administer oaths.
Witnesses summoned shall be paid the same fees and mileage that are paid to
witnesses in the courts of the United States. In case of contumacy or
refusal to obey a subpoena served upon any person pursuant to this
paragraph, the district court of the United States for any district in
which such person is found or resides or transacts business, upon
application by the United States and after notice to such person, shall
have jurisdiction to issue an order requiring such person to appear and
give testimony before the Federal land manager or to appear and produce
documents before the Federal land manager, or both, and any failure to obey
such an order may be punished by such court as a contempt thereof.
(a) Rewards
Upon the certification of the Federal Land Manager concerned, the Secretary
of the Treasury is directed to pay from penalties and fines collected under
sections 470ee and 470ff of this title an amount equal to one-half of such
penalty but not to exceed $500, to any person who furnishes information
which leads to the finding of civil violations or the conviction of
criminal violation with respect to which such penalty or fine was paid. If
several persons provided such information, such amount shall be divided
among such persons. No officer or employee of the United States or of any
State or local government who furnishes information or renders service in
the performance of his official duties shall be eligible for payment under
this subsection.
Forfeitures
All archaeological resources with respect to which a violation of
subsection (a), (b), or (c) of section 470ee of this title occurred and
which are in the possession of any person, and all vehicles and equipment
of any person which were used in connection with such violation, may be (in
the discretion of the court or administrative law judge, as the case may
be) subject to forfeiture to the United States upon -
(1) such person's conviction of such violation under section 470ee of this
title.
(2) assessment of a civil penalty against such person under section 470ff
of this title with respect to such violation, or
(3) a determination by any court that such archaeological resources,
vehicles, or equipment were involved in such violation.
(c) Disposition of penalties collected and items forfeited in cases
involving archaeological resources excavated or removed from Indian lands.
In cases in which a violation of the prohibition contained in subsection
(a), (b), or (c) of section 470ee of this title involve archaeological
resources excavated or removed from Indian lands, the Federal land manager
or the court, as the case may be, shall provide for the payment to the
Indian tribe involved of all penalties collected pursuant to section 470ff
of this title and for the transfer to such Indians or Indian tribe of all
items forfeited under this section.
(c) Disposition of penalties collected and items forfeited in cases
involving archaeological resources excavated or removed from Indian lands.
In cases which a violation of the prohibition contained in sub-section (a),
(b), and (c) of section 470ee of this title involve archaeological
resources excavated or removed from Indian lands, the Federal land manager
or the court, as the case may be, shall provide for the payment to the
Indian tribe involved of all penalties collected pursuant to section 470ff
of this title and for the transfer to such Indian or Indian or Indian tribe
of all items forfeited under this section."
* * * * * *
As you can see, National Forest rewards are very small in comparison to
other federal agencies. As prosecutor you have a choice of which law to use
to punish lawbreakers. Use RICO when you can to up the ante to 50% of fines
and forfeitures. Also use personal lawsuits to collect $1,000 to $10,000 to
tie up the assets used in the violation and subject to forfeiture.
* * * * * *
(If you're not a Canadian, or don't expect to visit Canadian wilderness
areas, use F9 to jump to the next chapter.)
* * * C A N A D A * * *
Canadian laws, like Canadians, are far more conservative than their
American counterparts. The Department of Justice, Canada, advised me that:
"According to the information currently available, the former Customs Act
was the last federal statute to include an informant revenue procedure,
which involved giving an informant 10% of the value of the property seized.
In recent years, the value of goods such as prohibited weapons, drugs and
pornography became more difficult to estimate or establish. An analysis by
Treasury Board of the informant revenue procedure revealed that it was an
unnecessary operational expense of doing business. Thus, since the 1988
amendments, the Customs Act no longer provides for payment to informants,
although administrative procedures for informant compensation exist,
sanctioned by as part of operating policies under the Act. Such procedures,
however, are classified as "secure" and are not made known to the public."
* * * * * *
I'll refrain from disparaging the Canadian (Federal) government's "official
policy" except to say that a reward law paying only 10% and kept under
wraps has no virtually no chance to be successful.
Many Provincial laws, particularly those relating to their wildlife, do
offer rewards. If you're a Canadian or travelling in the beautiful Canadian
Provinces, here's a few of them to remember.
B.C. Wildlife Federation
The British Columbia Wildlife Federation has a Wilderness Watch program
which is privately funded. They also have their own reward fund. They pay
up to $2,000 for information leading to arrest and conviction of any
individual.
Other Provinces also have similar rewards programs -- Saskatchewan and
Manitoba have TIPS (Turn in Poachers). Alberta has a government funded
rewards program. You may contact the Alberta Fish and Game for more
information at (403) 437-2342.
The B.C. Provincial government has ORR (Observe Record and Report), which
is the vehicle for the B.C. Wildlife Federation's program. Call 604) 533-
2293 or Fax (604) 533-1592.
For more information from this worthy group, write to Charles Cornfield,
Senior Executive Assistant, B.C. Wildlife Federation, 102 - 6070 - 200th
Street, Langley, B.C. Canada V3A 1N4
Note: Crime Stoppers and WE-TIP are also active in Canada.
* * * * * *
Comments to Canadian conservationists: Instead of waiting for the
government to rise to the occasion, or be pressured into doing something
about the problem, Canadians can become CrimeFighters too, perhaps make
citizens arrests when necessary, and follow the examples in this book.
Qui Tam law originated in England and was imported to the United States.
I'm sure it's essentially the same and available in Canada. If so, Qui Tam
law may be used by anyone who has a financial stake in the successful
prosecution of an offender. The rewards available provide the necessary
financial consideration.
The B.C. Wildlife Federation could, for example, recruit a lawyer who would
represent any such member in court to prosecute lawbreakers. Contingency
fee arrangements are permissible in British Columbia in civil cases.
West Coast Environmental Law Association (1001-207 West Hastings Street,
Vancouver,B.C. V6B 1H7, (604) 684-7378 FAX (604) 684-1312) is a non-profit
society which provides legal assistance to those who wish to litigate
environmental matters. The association has three staff lawyers, and also
administers an Environmental Dispute Resolution Fund which makes available
funds for persons who wish to hire lawyers to litigate environmental
issues, both civilly and criminally.
The most noteworthy Canadian law in this respect is the Penalties and
Forfeitures Proceeds Regulations C.R.C. 1978. Chapter 827 to the Canada
Fisheries Act, which provides that informants and complainants who assist
in gaining a conviction under the fisheries Act are entitled to one-half of
the proceeds of the fine. This regulation is quite important, since the
Canada Fisheries Act is one of Canada's chief anti-pollution statutes.
The former Chief enforcement compliance officer for Environment Canada
(Linda Duncan at this writing) has recommended this provision be extended
to all federal pollution statutes.
Maybe there's some hope the Canadian Federal Government may eventually get
around to offering its citizens some incentives like the dozens of American
laws -- before it's too late.
Fisheries Act
Penalties and Forfeitures Proceeds Regulations
c.r.c. 1978. C. 827
1. Short title.
2. Interpretation. "Act" means the Fisheries Act.
3. General. Where, under the Act
(a) a penalty is imposed or an article is confiscated, or
(b) a penalty is imposed and an article is confiscated following an
information or a complaint laid by an employee of a provincial government,
and
(c) all expenses incurred (i) in the prosecution that resulted in the
imposition of the penalty, or the confiscation of the article or both, and
(ii) in connection with the custody and disposal of any confiscated article
that is not collected from the persons prosecuted are paid by the
provincial government. The proceeds of the penalty or of the sale of the
confiscated article or both shall be paid to the provincial government.
4. Where under the Act
(a) a penalty is imposed or an article is confiscated, or
(b) a penalty is imposed and an article is confiscated following an
information or a complaint laid by an fishery officer or a fishery guardian
employed by the Department of the Environment, the proceeds of the penalty
or the sale of the confiscated article or both shall be paid to the
minister of environment.
5. Where, under the Act
(a) a penalty is imposed or an article confiscated, or
(b) a penalty is imposed and an article is confiscated following an
information or complaint laid by a person who is not an employee of the
provincial government or a fishery officer or a fishery guardian of the
Department of the Environment.
(c) One half of the proceeds of (i) the penalty, together with any costs
taxed to that person in respect thereof (ii) the sale of the confiscated
article, less any expenses incurred in connection with the custody and sale
thereof, or (iii) both the amounts described in subparagraphs (i) and (ii)
shall be paid to that person, and
(d) one half of the proceeds of (i) the penalty (ii) the sale of
confiscated article, or (iii) both the amounts described in subparagraphs
(i) and (ii) shall be paid to the Minister of the Environment."
* * * * * *
Comments: paragraphs 3, 4 and 5 seems to be repetitious and confusing but
it's for three different "people."
(3) applies to a provincial employee when a provincial government
prosecution is made. When the persons convicted can't pay (or doesn't pay)
all the expenses involved in the prosecution, they are to be paid by the
provincial government and reimbursement is made (as much as possible) by
the fine paid and the proceeds of the sale of confiscated items to the
provincial government as full or partial reimbursement.
(4) applies when the reporting and complaint is made by a federal employee,
all expenses are borne by the Federal government and all proceeds (if any)
are paid to the government as full or partial reimbursement.
(5) applies to anyone who is not a government employee (CrimeFighters, for
example). In addition to one-half of the proceeds from fines and
forfeitures (if any) the tipster is also awarded (reimbursed) legal and
other costs involved and paid by the defendant ("taxed" to that person).
This means that Qui Tam law might be used. The costs of prosecution and all
other costs involved would be awarded to the person or firm doing the
successful prosecution (B.C. Wildlife Federation, for example). A Canadian
CrimeFighter's company could submit an invoice from $1,000 to $10,000,
depending on the time and actual expenses, for "investigative costs" in
addition to other rewards.
Let the Federal government prosecute if they are willing to do so. If they
are reluctant to prosecute or pay rewards, use Qui Tam law to lay charges
and prosecute via criminal procedure and also initiate a civil suit. Use
plea bargaining as leverage to settle the civil suit to your satisfaction
(in lieu of rewards). When in doubt, check it out with the West Coast
Environmental Law Association.
(Canadian feedback requested, to update/add to Canadian laws in the book.)
F9 for Next Chapter
Wiretap Laws and Surveillance Equipment
Wiretap and covert surveillance equipment is legally advertised and sold
"for educational purposes only." That disclaimer protects the seller by
doesn't mean it's permissible to use them in illegal applications.
Wiretap equipment ("interception devices") and burglar tools are often
advertised in survival magazines. If you buy such equipment be careful not
to get caught with it. In most states, mere possession of these items is a
felony. In Arizona, both are class 6 felonies.
My recommendation is, don't buy anything, use it, or carry it if it can get
you in trouble. If you have it, you'll be tempted to use it -- probably
without legal sanction. Eventually you'll be caught red-handed. Never use
such items unless you use them under police supervision.
When you have a strong lead on an illegal activity, report it to the FBI as
a partial disclosure and negotiate for rewards. At that time, if they feel
that wiretaps or lock picks are needed, they may provide such equipment.
They will also obtain needed warrants and operate the devices.
A pocketbook called "Prince of the City" contains a lot of information on
wiretapping, and how New York cops used it illegally, took bribes,
concealed evidence, and were caught. It's a good example of wiretap abuse
and the consequences of being caught. Another good pocketbook, "Cop
Hunter," by Vincent Murano, a retired NYPD detective,is a sequel to
"Serpico" and "Prince of the City." It's mainly about NYPD's Internal
Affairs Division (IAD) who ferret out corrupt cops, how undercover cops
work, and the dangers encountered. The author, Murano, complains frequently
about the ineffective electronic equipment they use and that undercover
agents risk their lives with it. With that comment in mind, perhaps Crime-
Fighters should purchase their own equipment, use it at home, and to become
familiar with and depend upon. But be sure to obtain legal authorization
before using use it on a case. If you are found using it illegally (without
a warrant when a warrant is required) you could be charged with a felony.
Cordless Telephones
Newspaper article by John Waggoner, in USA Today, July 30, 1990:
"IRS cups its ear to cordless phones.
If you're thinking about declaring a few imaginary dependents this year,
don't mention it on your cordless phone. The Internal Revenue Service may
be listening. Under new guidelines for its criminal investigators, the IRS
can use radio scanners to eavesdrop on suspected tax dodgers while they
chat on their cordless phones. No warrant is necessary. The IRS policy,
issued as an update to a handbook for investigators, comes in the wake of a
recent Supreme Court action.
The high court declined in January (1990) to review a federal appeals court
ruling that conversations on cordless phones are not subject to federal
privacy laws.
The IRS thinks that since there are no legal or constitutional protection
against listening in to cordless phones, its agents aren't bound by any
higher principles," says Janlori Goldman of the American Civil Liberties
Union's Privacy Project.
The ACLU has asked Congress to overhaul the 1986 Electronic Communications
Privacy Act, which extended federal privacy protection to such areas as
cellular telephones and electronic computer mail -- but specifically
omitted the emerging technology of cordless phones.
The current law makes no sense," says Goldman. "If your telephone happens
to have a cord, your privacy is protected by federal law. If not, you have
none." Unquote.
Radio Shack and other companies now have cordless phone Scramblers to solve
the privacy problem. The hand-held phone has a built-in scrambler that
transmits garbled info to the base set, which unscrambles it and transmits
normal conversations over the regular phone line. That eliminates air-waves
eavesdropping. But, not everyone has them or are aware they're available.
Cellular Phones
Cellular phones are the latest target of eavesdroppers. Scanners are
available on the market, similar to a CB or radio scanner, which seek out
signals (broadcasts). The scanners automatically tune in and you can listen
to other people's conversations -- like radio scanners.
A newspaper article in USA Today (April 20, l990), featured an expose on
this illegal practice. The article mentioned how David Murphy, of Boston,
eavesdrops on cellular phone conversations taking place in the cars around
him -- ably demonstrating an illegal but increasingly popular hobby. His
headset looks like a Walkman radio so no one suspects his illegal but
amusing high-tech hobby -- voyeurism by telephone.
David says he hears all kinds of confidential matters discussed, such as
credit card numbers and expiration dates when someone is making a purchase,
plus intimate details between married people who live with other spouses.
It would seem, according to David's accomplishments, the use of a cellular
phone may be hazardous to your wealth or marriage --if cellular phone users
aren't more careful.
Normally, trying to eavesdrop on cellular phones is difficult, especially
when travelling in a vehicle because "handoffs" from one cell to another
often change the frequency. In crowded areas, where a lot of calls are on
the air at the same time it's more difficult to "find" the conversation
during handoffs. But it can be done.
Cellular phone frequencies are between 800 to 900 megahertz. Hackers are
adept at tracking the handoffs, and can fine-tune the reception to hear
just as well as the two people on their respective phones who are unaware
their security has been breached. There are no tell-tale clicks or
background noise of the eavesdropper on a cellular phone because it's a
short-wave radio broadcast.
A hacker who finds an interesting conversation can also note the frequency
being used, which is similar to a telephone number temporarily used for
that particular transmission. In a stationary location, where no handoffs
are needed, it's relatively simple to lock on to a frequency --identical to
planting a wire tap but without any telltale evidence.
When police want to, they can obtain wiretap authorization to tap cellular
phones from switching stations. They don't have to use a scanner.
This new hobby of eavesdropping is gaining popularity, and the costs are
coming down to an affordable level. That's bad, not good. It's just a
matter of time before enterprising crooks will be using them to "fish" for
juicy gossip for blackmail purposes or credit card fraud.
Why am I telling you all about an illegal activity? First, so you don't
think it's legal (with the possible exception of cordless phones, it
isn't). Second, because it's illegal, you should know the use of scanners
and eavesdropping on cellular phones whether for "fun" or other purposes
violates the laws mentioned in this chapter. However, it can be authorized
like an ordinary wiretap, and therefore may be something you should know
about. Last but not least, the bad guys, whose gang you may be trying to
infiltrate, might know about it too. They might tap your cordless or
cellular phone. Be careful of that, too!
The only remedy for absolute confidentiality is to use a telephone
scrambler, available for about $299 a pair. They're small units that slip
over the telephone handset. You speak through them to the phone mouthpiece.
The conversation is scrambled at the transmitting end and unscrambled by a
similar device at the receiving end. They use a 9V battery so they're also
portable and can be used with cordless or cellular phones. Both scrambler
units are manually adjusted to use the same codes. There are 52,488
selectable codes so you can change codes at any time, or daily, to
frustrate eavesdropping or bugging. More sophisticated and more expensive
units automatically select random codes for each phone call. They are
virtually impossible to decode -- even with powerful computers.
If David Murphy, or anyone else, were to "accidentally" listen to a
confidential telephone conversation and found a juicy bit of information
that was damaging to one or both of the parties, he might be able to learn
their names and addresses and be tempted to try a bit of blackmail, also
illegal. However, there might be a situation in which you do not perceive
the situation as illegal blackmail.
CrimeFighters' Blackmail
Blackmail in its usual form means obtaining or possessing damaging
information about another person or company and threatening to disclose
that information unless payment is made.
Another form of blackmail is more subtle. Say that you found a company
polluting water and liable for a million dollar fine. Under pollution laws,
you might receive half of the fine when a fine is levied. However, the
company may be expected to fight it all the way to the Supreme Court if
possible to weaken the effect of bad publicity and to obtain extra time to
earn the money to pay the expected fine. That could take many years and,
charges might be reduced considerably because of plea bargaining, deals and
compromises with the prosecution, and politics. The half a million dollar
reward may or may not be paid, and if paid, may take a long time.
You might be tempted to contact the company, advising them of your
knowledge and conclusive proof of violation and suggest settling the matter
out of court (provided the company stops polluting and cleans up the
existing pollution) and you suggest payment of the reasonable sum of
$250,000 instead of an much larger reward if the case were taken to court.
You might reason to yourself that justice has been served, the same as if
it had gone to court. Under normal circumstances you might be paid about
$500,000, but for a quick settlement out of court, you would be happy to be
paid $250,000 right away with no hassles and no waiting.
While justice may seem to be served, it is also justice denied. The purpose
of law enforcement is to take violators to court to punish them via due
process to the appropriate extent of the severity of pollution. The added
burden of legal fees and bad publicity, plus a conviction on the record, is
also part of the punishment -- not to mention the half a million the EPA
would lose by non-payment to the court.
From a law enforcement perspective, the bad publicity serves as a warning
to others that violators will be punished. When anyone interferes with
enforcement of laws, by taking the law into their own hand in this manner
no matter how good the intention, it's illegal! There is a law to
"discourage" blackmail of any kind.
Title 18 Section 873 Blackmail
"Whoever, under a threat of informing, or as a consideration for not
informing, against any violation of any law of the United States, demands
or receives any money or other valuable thing, shall be fined not more than
$2,000 or imprisoned not more than one year, or both."
* * * * * *
When a person has knowledge of a violation of any law he is required by law
to report it. When a person makes a "deal" not to report it, he or she can
expect to be charged with blackmail.
(The penalty seems woefully inadequate when the expected "profit" from
blackmail can be in the hundreds of thousands of dollars. That's a common
problem with laws which state a specific amount or terms of imprisonment --
they aren't updated often enough to keep up with the times, technology, and
inflation.)
The Blackmail Double Cross
In the above scenario, if you weren't aware you were using blackmail, the
company's lawyer would be quick to recognize it. The company might
encourage you to sign an agreement to not disclose the damaging information
in exchange for the $250,000 check being offered. But, as soon as the
agreement was signed, the company could refuse to pay (by putting a stop
payment on the check). They might say "if you report our violation, we'll
report your blackmail attempt." At that time, they would have evidence of
your blackmail scheme and could use it in court to destroy your credibility
as an "honest" witness. You might be charged and convicted of blackmail!
Plea bargaining Isn't Blackmail!
You can make almost the same deal as above, but make it in your legal
capacity as prosecutor under Qui Tam law. For example: (a) Initiate a
personal damage lawsuit for $90,000 plus $10,000 for the cost of
investigation and other costs. (b) Lay charges. Use pending charges of
criminal violations as leverage to settle the civil suit out of court if
possible. (c) If your lawsuit has been settled, you can ask the (criminal)
court for a $300,000 fine to be levied under appropriate pollution laws
where you get half. If the civil suit is not easily settled, let it hang in
abeyance, and ask for the $500,000 fine in the criminal suit. (d) Turn over
the actual prosecution to the appropriate law enforcement agency. If the
defendant loses, and pays the maximum fines you can still get half but may
have to wait for it because of anticipated lengthy appeals.
If plea bargaining is acceptable to both parties, the usual bargain is: in
exchange for a guilty plea, the prosecutor (you) will recommend a smaller
fine and possibly downgrade criminal charges. A guilty or nola contendere
plea provides the evidence of liability in your civil suit, if it's not
already settled, and allows you to ask for summary judgment. The result:
you can offer almost the same deal as above as a prosecutor. The difference
is, plea bargaining isn't blackmail. All prosecutors use plea bargaining to
apply pressure on defendants to reduce their time and court costs. More
details on this subject is in chapter 27 ("Problems with Prosecutors and
Plea Bargaining").
Wiretapping or Eavesdropping
It's important CrimeFighters fully understand this law as it's easy to
cross the line from legal to illegal use. As mentioned earlier, many
devices on the market can be used for eavesdropping or bugging. Sometimes
it's legal, but most of the time it's illegal. It's important you avoid
temptation to indiscriminately use such devices to obtain evidence. And,
look for violations of anyone who might be illegally using such devices.
There is a reward paid for information concerning violations of this law,
section (18 USCS 2510 et seq.). Here's some background information.
The laws on wiretapping are based on the Fourth and Fifth Amendments to the
Constitution of the United States.
The Constitution of the United States
Fourth Amendment
"The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or
Affirmation, and particularly describing the place to be searched, and the
persons or things to be seized."
Comment: The Fourth Amendment guarantees the right against unreasonable
searches, such as random searches or "fishing expeditions." Unauthorized
wiretapping or bugging "without reasonable cause" and a court order
violates the Fourth Amendment.
Fifth Amendment
"No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment by a Grand Jury, except in
cases arising in the land or naval forces, or in the Militia, when in
actual service in time of War or public danger; nor shall any person be
subject for the same offense to be twice put in jeopardy of life or limb,
nor shall be compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use without just
compensation".
Comment: The Fifth Amendment guarantees that no person shall be compelled
to be a witness against himself or herself. Our lawmakers probably had in
mind an admission of guilt obtained under coercion or mental duress. Often
the threat of torture or other threats may result in phoney "confessions"
such as those obtained in dictatorship controlled countries. In the U.S.,
overzealous law enforcement agents might also be tempted to mentally or
physically "force" a confession from a suspect who is truly innocent.
To prevent that from happening in the United States, the Fifth Amendment
provides the right to remain silent and not answer questions that might
incriminate an individual. An accused person is deemed innocent until
proven guilty, and the burden of providing the proof is on the accuser via
due process of law.
The Miranda case is used as a precedent to illustrate the strength of the
Fifth Amendment. Miranda was convicted by his "voluntary" admission of
guilt under pressure by police officers, but the court found the admission
of guilt was not admissible as evidence because the accused was not aware
of his right to remain silent. ("No one shall be compelled to be a witness
against himself"). Police are required to "read the rights" to a person
before any questioning is used to determine guilt (not immediately after
arrest as most people believe), to make sure the accused is aware of his
rights. But after being advised of the rights, anything said by the accused
can be used against that person in court.
When police have sufficient reason (probable cause) to believe criminal
activity is being planned, underway, or already executed, they can obtain a
court order under the rules and procedures listed in 18 USCS 2516. In such
a situation the search is "reasonable," for a specific person and purpose.
When a court order authorizes the wiretap or bug, evidence obtained
therefrom is admissible in court.
Eavesdropping Devices
Title 18 USCS 2510 lists the definitions of wiretapping and bugging devices
in lengthy legal format. The listed items described, and manner in which
they are used, can be condensed to read -- "any device or apparatus used to
listen in on private communications in any manner".
Advertising
Advertisements are legal when they suggest personal use such as calling
from a distant phone to check on your home by listening for sounds of an
intruder, or to listen for a baby crying in a separate bedroom of the
house, or sound magnifying devices that can be used for bird watching or
hunting, or any other personal use which doesn't violate another person's
private communications and confidentiality. Anyone can advertise and sell
wiretapping equipment and other forms of surveillance equipment for
"personal use." When an advertisement says, hints at, suggests or implies
illegal use, the advertiser could be charged with violation of the law.
There are many advertisements in Popular Science, Soldier of Fortune, and
similar magazines selling surveillance equipment of various kinds that
strongly suggests a person can listen to private conversations in one form
or another. The manufacturing, advertising, sale, and use of any device
that is specifically manufactured and used to intercept or record private
and confidential conversation of other parties without their knowledge and
consent is illegal. Upon conviction, the person or firm placing such an
advertisement could forfeit his entire inventory of such equipment under
confiscation law (Section 2513) and face a large fine.
Design and Intended Use
The case of United States vs. Bast (1974, 161 App DC 312, 495 F2d 138)
stated an important definition, "manufacture of device may be illegal
because it is primarily used for surreptitious interception, even though
device may have innocent uses."
Another case, United States vs. Schweihs (1978, CA5 Fla 569 F2d 965)
mentioned that Congress intended to ban such devices as martini olive
transmitters, spike mikes, and microphones disguised as wrist watches and
fountain pens, which, by the nature of their design, are obviously intended
to be used for covert listening, without prohibiting possession of other
legitimate electronic devices merely because they are small or may be used
for wire-tapping or eavesdropping.
Wiretapping by Court orders
Law enforcement agents must obtain a court order to tap a phone line or
otherwise intercept private communication to obtain admissible evidence
against criminal activity. Without a court order, it is not admissible as
evidence. (18 USCS 2515)
A court order is not easily obtained. Other evidence (or "probable cause")
is required first to indicate criminal activity is being planned or in
progress and a wire tap or "bug" is essential to obtain information
concerning the known or strongly suspected criminal activity. This legal
requirement prevents overzealous police from going on fishing expeditions -
tapping and listening to conversations at random ("unreasonable searches")
until they found something that might indicate criminal activity or could be
used as incriminating evidence.
The following Sections spell out the details of his law. Notice that USCS
2513 offers a reward for information leading to an arrest for a violation
of covert wiretapping or bugging, in any way.
Title 18 USCS 2511.
Interception and disclosure of wire or oral communications prohibited.
This section is too lengthy to quote verbatim, but deals with the
definitions of any person who "willfully" intercepts, directly or
indirectly, any form of private communications without the consent of the
parties thereto, and or discloses same to other parties, and the penalty
for same, which "shall be fined not more than $10,000 or imprisoned not
more than five years, or both."
Paragraph (1)(a),(b) and (c) of this law says with words to the effect
that, if the communication is overheard by accident or by the performance
of a person's normal employment such as a switchboard operator or telephone
repairman or any other person during their normal job activity without
willful intent to eavesdrop, it is not a violation of this section.
The following paragraphs are of interest to CrimeFighters:
"(2)(c) It shall not be unlawful under this chapter (18 USCS 2510 et seq.)
for a person acting under color of law to intercept a wire or oral
communication, where such person is a party to the communication or one of
the parties to the communication has given prior consent to such
interception."
"(2)(d) It shall not be unlawful under this chapter (18 USCS 2510 et seq.)
for a person not acting under color of law to intercept a wire or oral
communication where such person is a party to the communication or one of
the parties to the communication has given prior consent to such
interception unless such communication is intercepted for the purpose of
committing any criminal or tortious act in violation of the Constitution or
laws of the United States or of any State or for the purpose of committing
any other injurious act."
* * * * * *
Unofficial interpretation: Private conversations may be (legally) recorded
by one of the parties to the conversation, such as in business calls where
the recording is made for convenience of one or more of the parties to the
conversation and not intended to be used for illegal purposes.
"Under color of law" means for law enforcement purposes.
A CrimeFighter who carries a bug to record a conversation between a suspect
and himself, with the intent to make a recording of their conversation,
would seem to comply with the law as it's not illegal to make a recording
of his own conversation. He doesn't need a court order or authorization for
same. Another defense might be that it's not being made for illegal
purposes (blackmail, for example) but rather for law enforcement purposes.
Or, if it's made with police knowledge and a warrant it would be "under
color of law." As such it would be admissible as evidence.
Hypothetical situation: Supposing a CrimeFighter sets out to meet and
become friendly with a known drug dealer called "Bob." During subsequent
phone calls to and from Bob, the CrimeFighter makes (legal) recordings of
his conversations and hints to Bob he'd like to make some money being a
mule to transport drugs. When the conversation includes information
concerning drugs, and proposals from Bob to become part of the drug scene,
the first step has been established.
After the conversation is recorded, the next step is to take the recording
to the FBI. Let them listen to it. The tape recording is for law
enforcement purposes. It isn't "misuse" of the information.
At this point, the CrimeFighter might suggest to the FBI case agent that he
would like to help them obtain further evidence for rewards available.
Before a CrimeFighter does anything illegal, he should make sure he is
officially authorized as an undercover agent working for law enforcement.
Get a written agreement as to your role and specific rewards promised.
There's a chance that "Bob" might be an undercover cop or another
CrimeFighter. If both have disclosed their information to the FBI, both
will be told to "back off." No harm has been done, and no time wasted.
If Bob happens to be a local cop setting up a sting operation with you as
the stingee, and arrests you, you'll have the FBI as a witness that it was
a double sting operation - and help get you off the hook.
(That's also a good reason to coordinate CrimeFighter activity with your
CrimeFighters' group -- to avoid embarrassment and duplication of effort.)
The recordings unofficially made by the CrimeFighter may or may not be
admissible as evidence in court, but if the FBI hears tantalizing
information on the first tape, they could probably convince a judge to
authorize a legal wiretap for further taped conversations which could be
used for evidence.
The following law can be useful when analyzing advertisements of vendors
who either manufacture or sell bugs and bugging devices.
Title 18 USCS 2512
"Manufacture, distribution, possession, and advertising of wire or oral
communication intercepting devices prohibited.
(1) Except as otherwise specifically provided in this chapter (18 USCS 2510
et seq.) any person who willfully -
(a) sends through the mail, or sends or carries in interstate or foreign
commerce, any electronic, mechanical, or other device, knowing or having
reason to know the design of such device renders it primarily useful for
the purpose of surreptitious interception of wire or oral communications;
(b) manufactures, assembles, possesses, or sells any electronic,
mechanical, or other device, knowing or having reason to know that the
design of such device renders it primarily useful for the purpose of the
surreptitious interception of wire or oral communications, and that such
device or any component thereof has been or will be sent through the mail
or transported in interstate or foreign commerce; or
(c) places in any newspaper, magazine, handbill, or other publication any
advertisement of -
(i) any electronic, mechanical, or other device knowing or having reason to
know that the design of such device renders it primarily useful for the
purpose of surreptitious interception of wire or oral communications; or
(ii) any other electronic, mechanical, or other device, where such
advertisement promotes the use of such device for the purpose of
surreptitious interception of wire or oral communications, knowing or
having reason to know that such advertisement will be sent through the mail
or transported in interstate or foreign commerce,
shall be fined not more than $10,000 or imprisoned not more than five
years, or both.
(2) It shall not be unlawful under this section for -
(a) a communications common carrier or an officer, agent, or employer of,
or a person under contract with, a communications common carrier, in the
normal course of communications common carrier's business, or
(b) an officer, agent, or employee of, or a person under contract with, the
United States, a State, or a political subdivision thereof, in the normal
course of the activities of the united States, a State, or a political
subdivision thereof, to send through the mail, send or carry in interstate
or foreign commerce, or manufacture, assemble, possess, or sell any
electronic, mechanical, or other device knowing or having reason to know
that the design of such device renders it primarily useful for the purpose
of surreptitious interception of wire or oral communications."
Title 18 USCS 2513.
"(5) 18 USCS Section 2513 Reward for information concerning Wire Tapping
devices used, sold or manufactured in violation of Interception of Wire or
Oral or Electronic Communications (wiretapping or deliberate eavesdropping
on private communications with or without criminal intent).
Confiscation of wire or oral communication intercepting devices.
Any electronic, mechanical, or other device used, sent, carried,
manufactured, assembled, possessed, sold, or advertised in violation of
section 2511 or section 2512 of this chapter (18 USCS 2511 or 2512) may be
seized and forfeited to the United States. All provisions of law relating to
(1) the seizure, summary and judicial forfeiture, and condemnation of
vessels, vehicles, merchandise, and baggage for violations of the customs
laws contained in title 19 of the United States Code (19 USCS 1 et seq),
(2) the disposition of such vessels, vehicles, merchandise, and baggage or
the proceeds from the sale thereof,
(3) the remission or mitigation of such forfeiture,
(4) the compromise of claims, and
(5) the award of compensation to informers in respect of such forfeitures,
shall apply to seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this section, insofar as applicable and
not inconsistent with the provisions of this section; except that such
duties as are imposed upon the collector of customs or any other person
with respect to seizure and forfeiture of vessels, vehicles, merchandise
and baggage under the provisions of the customs laws contained in Title 19
of the United States Code (19 USCS 1 et seq) shall be performed with
respect to seizure and forfeiture of electronic, mechanical, or other
intercepting devices under this section by such officers, agents, or other
persons as may be authorized or designated for that purpose by the Attorney
General." (Added June 19, 1968
Not Admissible as Evidence
Title 18 USCS 2515
"Prohibition of use as evidence of intercepted wire or oral or electronic
communications
Whenever any wire or oral communication has been intercepted, no part of
the contents of such communication and no evidence derived therefrom may be
received in evidence in any trial, hearing, or other proceeding in or
before any court, grand jury, department, officer, agency, regulatory body,
legislative committee, or other authority of the United States, a State, or
a political subdivision thereof if the disclosure of that information is in
violation of this chapter (18 USCS 2510 et seq.)."
(As of June 19, 1968)
* * * * * *
Comments: Many people and firms advertise electronic bugs and sophisticated
bugging equipment. While their advertising methods may seem to be in
violation of the above laws, most have a legal disclaimer in the catalog
that says, in effect, "The electronic devices in this catalog are for
security, demonstrational and scientific purposes only. They are not to be
used for surreptitious interception of oral communications and are sold
subject to public law 90-351 Title 3, 18 USCS 2511 and all other pertinent
laws, regulations and ordinances. It is the sole responsibility of the
buyer (not the seller!) to ascertain through competent legal counsel how
any law or laws may apply to the use of any items purchased and act
accordingly."
That lets them off the legal hook. Unfortunately, not everyone reads,
understands, or pays attention to the fine print. All they see is dozens of
ads selling the items. They assume it must be O.K. to buy and use them if
they can make them and sell them. That assumption is not correct.
The main thing for CrimeFighters to remember is, using such devices without
legal sanction (under color of law) is illegal. The only exception is the
instance in which one or more of the parties involved give their consent.
A CrimeFighter who is one of the parties of a conversation may make a legal
recording for his personal use. Wiretaps made without the consent of any of
the parties involved, whether a recording is made or not made, is illegal.
F9 for next Chapter
Miscellaneous Laws and Income Opportunities
Financial Institutions
There are quite a few laws pertaining to financial institutions: too many
to list each and every one in this book. Instead, just remember that when
anyone, in one way or another, violates any banking laws there are rewards
for information leading to the prosecution of lawbreakers. For example:
Title 18 USCS 3059(a) Special Rewards for Information Relating to Certain
Financial Institution Offenses.
(a)(1) In special circumstances and in the Attorney General's sole
discretion, the Attorney General may make payments to persons who furnish
information unknown to the government relating to a possible prosecution
under section 215, 287, 656, 657, 1001, 1005, 1006, 1007, 1014, 1032, 1341,
1343, or 1344 of this title affecting a depository institution insured by
the Federal Deposit Insurance Corporation or any other agency or entity of
the United States, or to a possible prosecution for conspiracy to commit
such an offense.
(2) The amount of payment under paragraph (1) shall not exceed $50,000 and
shall be paid from the Financial Institution Information Award Fund under
section 2569 of the Financial Institutions Anti-Fraud Enforcement Act of
1990 [12: USCS 4209].
(b) A person is not eligible for a payment under this section (a) if -- "
(1) The person is a current or former officer or employee of a Federal or
State government agency or instrumentality who furnishes information
discovered or gathered in the course of his government employment;
(2) the furnished information consists of allegations or transactions that
have been disclosed to a member of the public in a criminal, civil or
administrative proceeding, in a congressional, administrative, or General
Accounting Office report, hearing, audit or investigation, from any other
government source, or from the news media unless the person is the original
source of the information;
(3) the person is an institution-affiliated party (as defined in section
3(u) of the Federal Deposit Insurance Act, 12 USC 1813(u) which withheld
information during the course of any bank examination or investigation
authorized pursuant to section 10 of such Act (12 USC 1820) who such party
owed a fiduciary duty to disclose;
(4) the person is a member of the immediate family of the individual whose
activities are the subject to the declaration or where in the discretion of
the Attorney General, it appears the individual could benefit from the
award; or
(5) the person knowingly participated in the violation of this section with
respect to which the payment would be made.
(c) For the purpose of this subsection (b)(2), the term "original source"
means a person who has direct and independent knowledge of the information
on which the allegations are based and has voluntarily provided the
information to the government prior to the disclosure.
(d) Neither the failure of the Attorney General to authorize a payment nor
the amount authorized shall be subject to judicial review.
* * * * * *
(Comment: The remainder of this law pertains to anyone who is threatened,
harassed or fired from his job as a result of the disclosure, is entitled
to reinstatement with back pay, etc. If the reader is in this category,
look up full text of the law for details.)
And, as with many laws, legislators make a generous offer to make it sound
good, and then put vague strings on the payment so they can take it away.
Section (d) means if you provide the information you may or may not get
paid, and if you don't, there's nothing you can do about it.
Conclusion: Use other laws when there are other rewards available, or be
sure to get a promise of a reward in writing.
Currency and Foreign Transactions Reporting Act.
To control the flow of drug-related profits to and from the U.S.A., and to
control the flow of profits from any other criminal enterprise from and to
the United States, there is a law that limits the amount of cash imported
or exported. Anyone who violates the reporting requirements of the follow-
ing law is subject to harsh penalties. And, anyone who provides information
leading to their prosecution may receive a reward.
* * * * * *
Title 31 USCS 5316 Reports on Exporting and Importing Monetary Instruments
(A) Except as provided in subsection (c) of this section, a person or an
agent or bailee of the person shall file a report under subsection (b) of
this section when the person, agent or bailee knowingly --
(1) transports or has transported monetary instrument of more than $5,000
at one time --
(a) from a place in the United States to or through a place outside the
United States; or
(b) to a place in the United States from or through a place outside of the
United States; or
(2) receives monetary instruments of more than $5,000 at one time
transported into the United States from or through a place outside of the
United States.
(B) A report under this section shall be filed at the time and place the
Secretary of the Treasury prescribes. The report shall contain the
following information to the extent the Secretary of the Treasury
prescribes:
(1) the legal capacity in which the person filing the report is acting.
(2) the origin, destination, and route of the monetary instruments.
(3) when the monetary instruments are not legally and beneficially owned by
the person transporting the instruments personally is not going to use
them, the identity of the person that gave the instruments to the person
transporting them, the identity of the person who is to receive them, or
both.
(4) the amount and kind on monetary instruments transported.
(5) additional information.
(C) This section or a regulation under this section does not apply to a
common carrier of passengers when a passenger possesses a monetary
instrument, or to a common carrier of goods if the shipper does not declare
the instrument.
* * * * * **
Comment: the last provision means the common carrier is not held
responsible for the violations of this law by passengers.
The above law pertains to "persons". There is another law (31 USCS 5321)
that provides civil penalties to financial institutions and officers and
directors for failing to comply with the reporting requirements.
* * * * * *
Title 31 USCS 5322 Criminal Penalties
(a) A person willfully violating this subchapter [31 USCS 5311 et seq] or a
regulation prescribed under this subchapter [31 USCS 5311 et seq] (except
section 5315 of this title [ 31 USCS 5315] or a regulation prescribed under
sections 5315 shall be fined not more than $1,000, imprisoned for not more
than one year, or both.
(b) A person willfully violating this subchapter [31 USCS 5311 et seq] or a
regulation prescribed under this subchapter [31 USCS 5311 et seq] (except
section 5315 of this title [ 31 USCS 5315] or a regulation prescribed under
sections 5315, while violating another law of the United States or as part
of a pattern of illegal activity involving transactions of more than
$100,000 in a 12-month period, shall be fined not more than $500,000,
imprisoned for not more than five years, or both.
(c) For a violation of section 5318(2) of this title [31 USCS 5318(2)] or a
regulation prescribed under section 5318(2), a separate violation occurs
for each day the violation continues and at each office, branch, or place
of business at which a violation occurs or continues.
* * * * * *
Title 31 USCS 5323 Money and Finance. (Reward)
(a) The Secretary may pay a reward to an individual who provides original
information which leads to a recovery of a criminal fine, civil penalty or
forfeiture, which exceeds $50,000, for a violation of this chapter.
(b) The Secretary shall determine the amount of a reward under this
section. The Secretary may not award more than 25 per centum of the net
amount of the fine, penalty, or forfeiture collected or $150,000, whichever
is less.
(c) An officer or employee of the United States, a State, or a local
government who provides information described in subsection (a) in the
performance of official duties is not eligible for a reward under this
section."
* * * * * *
Food and Drug Administration (FDA)
The Generic Drug Enforcement Act of 1991 should put some teeth into the
FDA's control over false advertising and swindling by generic drug makers.
A recent news article mentioned that many makers of generic drugs (mainly
medical suppliers) are touted as good as or better than name brands and
advertised and marketed as such when they're not. People who buy them
(mostly seniors) are not only short-changed but their health, pain, and
suffering may be adversely affected too.
The new bill, if it becomes law (and it probably will) will pay rewards up
to $250,000. Companies convicted of falsification of reports, lying, or
bribery of FDA officials to get their products approved could be fined up
to $250,000 each.
Workers at such chemical companies and independent chemists should be on
the alert. If you know of any false claims or skullduggery by Generic drug
manufacturers, or false and misleading advertising claims, blow the whistle
on the perps.
You don't have to wait until this bill becomes law. RICO laws and Qui Tam
also apply. Always negotiate for 50% of the huge fines and forfeitures.
Rewards that say "up to" should be interpreted as "maybe." When a reward
law says 50 percent, it means 50 percent. Look for and use those laws that
state a specific amount -- when you have a choice.
* * * * * *
U.S. Securities & Exchange Commission
"Section 21A(e) of the Securities Exchange Act of 1934 ("Exchange Act")
Title 15 USCS 78u-1(e) authorizes the Securities and Exchange Commission
("Commission") to award a bounty to a person who provides information
leading to the recovery of a civil penalty from an insider trader, from a
person who "tipped" information to an insider trader, or from a person who
directly or indirectly controlled an insider trader."
Comment: "Insider trading" generally refers to buying and selling a
security (stocks and bonds of corporations) in breach of a fiduciary duty
or other relationship of trust and confidence while in possession of any
material or nonpublic information about the security. Insider tipping
violations may also include "tipping" such information, securities trading
by the person "tipped" (the recipient of nonpublic, insider information)
and securities trading by those who misappropriate (steal) the information.
Generally, people who violate this law are corporate officers and directors
who are privileged to know in advance certain corporate plans before they
are publicly announced. But "insiders" could include employees of the firm
who might be privy to the confidential information, lawyers, accountants,
engineers, business consultants who are part of the decision making group,
or outsiders who may accidentally, or through illegal means, obtain such
insider information.
Anyone having this insider knowledge could purchase or sell large numbers
of shares in the company in anticipation of their increase or decrease in
value after public disclosure of the confidential information. To allow
that would encourage manipulation of the stock market where a few people
could take unfair advantage of the public who bought and sold shares on the
open market without the same privileged information. In the vernacular of
politicians, that's not playing on a level playing field. If inside trading
were allowed it would undermine the confidence in the stock market, which
is essential to business and world commerce. Accordingly, insider trading
is illegal and punishable by very large fines -- often in the millions of
dollars.
The Commission is permitted to make bounty awards from the civil penalties
that are actually recovered from violators. Except for employees of the
Commission or Justice Department, any person who provides information
leading to the imposition of a civil penalty may be paid a bounty. However,
the total amount of bounties that may be paid from a civil penalty may not
exceed 10% of that penalty.
Insider trading on publicly traded stocks and bonds ar usually in the
megabuck range. Fines and forfeitures are scaled in direct proportion.
Ten percent of a $5 million fine is still a very nice $500,000!
For more information on this law, and how and where to submit the
information and application for the reward, write to the Office of the
Secretary, Securities and Exchange Commission, 450 Fifth Street, N.W.,
Washington, D.C. 20549
(Use Qui Tam law and this law, or Qui Tam and RICO laws and prosecute the
case yourself to protect your interests from a D.A.'s plea bargaining.)
* * * * * *
22: USCS 401 Illegal exportation of war material
(a) Seizure and forfeiture of materials and carriers.
Whenever an attempt is made to export or ship from or take out of the
United States any arms or munitions of war or other articles in violation
of law, or whenever it is known or there shall be probable cause to believe
that any arms or munitions of war or other articles are intended to be or
are being or have been exported or removed from the United States in
violation of law, the Secretary of the Treasury, or any person duly author-
ized for the purpose by the President, may seize and detain such arms or
munitions of war or other articles and may seize and detain any vessel,
vehicle, or aircraft containing the same or which have been or is being
used in exporting or attempting to export such arms or munitions of war or
other articles. All arms or munitions of war and other articles, vessels,
vehicles, and aircraft seized pursuant to this sub section shall be
forfeited.
(b) Applicability of laws relating to seizure, forfeiture, and
condemnation,
All provisions of law relating to seizure, summary and judicial forfeiture
and condemnation for violation of the customs laws, the disposition of the
property forfeited or condemned or the proceeds from the sale thereof; the
remission or mitigation of such forfeitures; and the compromise of claims
and the award of compensation to informers in respect of such forfeitures
shall apply to seizures and forfeitures incurred, or alleged to have
incurred, under the provisions of this section, insofar as applicable and
not inconsistent with the provisions hereof. Awards of compensation to
informers under this section may be paid only out of funds specifically
appropriated therefore.
(c) Disposition of forfeited materials.
Arms and munitions of war forfeited under subsection (b) of this section
shall be delivered to the Secretary of Defense for such use or disposition
as he may deem in the public interest, or in the event that the Secretary
of Defense refuses to accept such arms and munitions of war, they shall be
sold or otherwise disposed of as prescribed under existing laws in the case
of forfeitures for violation of the customs laws.
(Last amendment Aug. 13, 1953)
* * * * * *
Comment: The awards to informers mentioned above, are 25%, and authorized
by Title 19, Section 1619. If the contraband items are on a ship or
aircraft and outward bound, Customs agents may be the ones to notify. Check
with the FBI first via a partial confidential disclosure to see if they're
interested. If not, contact Customs agents and after negotiating for a
reward, give them the full (original) disclosure.
* * * * * *
Government & Military
There are a few minor reward laws that are offered by the Military forces
for recovery of stolen material and equipment. Most of them are piddly
amounts (by RICO standards) and not worth listing in detail this book.
Remember, there are more generous Federal rewards relating to the same
criminal activity. Title 18: 3059 can pay as much or more than the Armed
Forces offer. And, a criminal prosecution with a civil suit will probably
obtain more financial rewards/awards than the Military would pay.
Atomic Weapons
50 USCS Section 47a Reward for information concerning specified violations
of nuclear material or atomic weapons.
"Any person who furnishes original information to the United States-
(a) leading to the finding or other acquisition by the United States of
special nuclear material or an atomic weapon which has been introduced into
the United States or manufactured or acquired therein contrary to the laws
of the United States, or
(b) with respect to the introduction or attempted introduction into the
United States or the manufacture or acquisition or attempted manufacture or
acquisition of, or a conspiracy to introduce into the United States or to
manufacture or acquire, special nuclear material or an atomic weapon
contrary to the laws of the United States, or
(c) with respect to the export or attempted export, or a conspiracy to
export, special nuclear material or an atomic weapon from the United States
contrary to the laws of the United States,
shall be rewarded by the payment of an amount not to exceed $50,000."
Oil and Gas Leases
30 USCS Section 1723 Reward for information leading to recovery of oil and
gas revenues due under oil and gas lease on federal lands.
"Where amounts representing royalty or other payments owed to the United
States with respect to any oil and gas lease on Federal lands or the Outer
Continental Shelf are recovered pursuant to any action taken by the Secre-
tary under this Act as a result of information provided to the Secretary by
any person, the Secretary is authorized to pay to such person an amount
equal to not more than 10% of such recovered amounts. The preceding
sentence shall not apply to information provided by an officer or employee
of the United States, an officer or employee of a State or Indian tribe
acting pursuant to a cooperative agreement or delegation under this Act,
or any person acting pursuant to a contract authorized by this Act."
Indian Related Laws
"18 USCS 3113 Reward for information concerning Liquor violations in Indian
Country.
If any superintendent of Indian Affairs, or commanding officer of a
military post, or special agent of the Office of Indian Affairs for the
suppression of liquor traffic among Indians and in the Indian country and
any authorized deputies under his supervision has probable cause to believe
that any person is about to introduce or has introduced any spirituous
liquor, beer, wine or other intoxicating liquors named in sections 1154 and
1156 of this title into the Indian country in violation of law, he may
cause the places, conveyances, and packages of such person to be searched.
If any such intoxicating liquor is found therein, the same, together with
such conveyances and packages of such person, shall be seized and delivered
to the proper officer, and shall be proceeded against by libel in the
proper court, and forfeited, one-half to the informer and one-half to the
use of the United States. If such person be a trader, his license shall be
revoked and his bond put in suit.
Any person in the service of the United States authorized by this section
to make searches and seizures, or any Indian may take and destroy any
ardent spirits or wine found in the Indian country, except such as are kept
or used for scientific, sacramental, medicinal, or mechanical purposes or
such as may be introduced therein by the Department of the Army.
In all cases arising under this section and sections 1154 and 1156 of this
title, Indians shall be competent witnesses."
* * * * * *
Privately Funded Rewards from Businesses
Convenience stores such as 7-11, and ARCO am-pm stores have a sticker on
their stores' windows and doors offering rewards up to $25,000 for
information leading to the conviction of robbers.
Banks and financial institutions also pay rewards for information on
robbers and pay up to $25,000.
Security Guard firms, such as Pinkertons, Burns, Wells Fargo, and similar
companies who transport cash and securities in armored trucks, also offer
large rewards for recovery and/or convictions.
Insurance companies, especially those who sell policies on personal
possessions (jewelry, furs, stamp collections, etc.), and life insurance,
are interested in recovering the property or proving fraudulent intent on
insurance claims.
Most large insurance firms have full-time investigators. They are also
known to pay rewards up to 50% of the insurance claim. Keep that in mind if
you know of any fraud that uses insurance as a means to collect money.
Arson is the main insurance fraud, auto "theft" is another high volume
insurance fraud. If you want leads, contact the insurance company's fraud
investigators, and be a free-lance insurance fraud investigator. (A license
may be required if you solicit private investigator business from the
public.)
You may be able to collect from the insurance company if you provide them
with the information first. But reserve the (Qui Tam) right to be the
prosecutor under RICO civil and criminal suits, or get a written guarantee
that you will receive similar benefits from RICO laws if they want their
lawyers to do the legal work.
F9 for next Chapter
State Reward Laws
States also offer rewards, and this chapter contains one example. In
general, however, State rewards are usually much smaller than Federal
rewards and for that reason this book mentions them only briefly. A
significant reward starts at $1,000 and up, not "up to $1,000," as those
offered by Crime Stoppers and WE-Tip. However, some State laws, as in the
example given in this chapter, the reward is worth mentioning.
NEVADA:
(Newspaper release, printed in Senior Spectrum, October, 1991.)
CONSUMER NEWS, By Frankie Sue Del Papa - Nevada Attorney General
"Illegal dumping has become a big problem in Nevada -- especially solid,
liquid and hazardous wastes. Some people don't know any better -- others
just don't care. Then there's the professional dumper who disposes of toxic
wastes in the desert to avoid paying for proper disposal. All of this is at
your and my expense -- and our environment's.
The Southern Nevada Environmental Crime Task Force -- in which my office
participates -- is targeting desert dumpers for enforcement action. The
task force is working with law enforcement agencies statewide in this
regard.
The law provides some pretty stiff penalties. Unlawful disposal of garbage
or sewage is a misdemeanor with a civil penalty of up to $2,000 for each
conviction. Half of that amount is paid as a reward to anyone who provides
information leading to the arrest and conviction of a violator.
First-time violation of water pollution is a gross misdemeanor and carries
a fine of up to $25,000 for each day of violation and up to one year in
prison. Felony charges can be levied for a second conviction -- along with
up to six years in prison and up to $50,000 for each day of violation.
The Nevada legislature recently increased the criminal penalty for the
unauthorized disposal or discharge of hazardous waste to a felony. The
penalty is a one- to six-year imprisonment and up to $50,000 for each day
of violation. Civil penalties for hazardous waste violations carry up to
$10,000 per day and damages to the state for correcting the problems caused
and destroyed fish and wildlife.
In addition, violations of county and city ordnances on dumping can result
in civil and criminal penalties as well.
My office, the task force and law enforcement agencies are working together
to investigate and prosecute illegal dumping and to impose the maximum
punishment possible. We believe a consistent, coordinated effort will
result in more prosecutions and, in turn, heighten the deterrent effect. We
encourage people to report dumping incidents to local law enforcement
agencies.
It's so important to protect our fragile desert environment and to ensure
that we -- the citizens of this beautiful state -- don't bear the cost of
cleaning up after illegal dumpers."
* * * * * *
Note: Federal reward laws do not provide rewards for misdemeanors. The
above Nevada law provides half of a possible $2,000 fine. In this case,
it's worth mentioning. And, it's more generous than Crime Stoppers and We-
Tip's rewards of $100 to $200.
The news release also mentions fines for hazardous waste, up to $50,000 per
day, but doesn't mention if any reward or a sharing of the fines and
forfeitures may be paid to CrimeFighters.
However, if the dumping is done by a person or company to make/save money,
by avoiding the cost of proper disposal (the profit motive), it may come
under RICO and other federal laws that assess larger fines and forfeitures,
and pays 50% to the CrimeFighters involved. For example:
Nevadans: The Nevada anti-dumping law also pertains to individuals dumping
garbage -- any kind, whether in garbage bags or from the back of a pickup
truck. If you find a garbage bag dumped, look inside. If you find a name
and address on mail or receipts, you have evidence that might be worth
$1,000! Leave the garbage bag or refuse where you found it, contact local
authorities and negotiate for a $1,000 reward under Nevada law.
Many state laws assess stiff fines, some up to $2,000, for littering. If
the state were to adopt a law (like Nevada's), and pay 50% of the fines
to CrimeFighters, citizens would have more incentive to enforce the anti-
litter, anti-dumping laws. (The proposed Crimefighter Reward Law mentioned
in chapter 28 could be used for anti-litter and other misdemeanor laws.)
Federal Dumping Reward Laws
Federal law Title 42, USCS 6901 (Chapter 11 in this FloppyBook) mentions
hazardous waste fines and forfeitures can be up to $250,000 for an
individual and up to $1,000,000 for an organization (any business) if the
effect of the dumping places any innocent party in imminent danger or death
or serious bodily injury. If the toxic wastes contaminate a drinking water
resource, directly or indirectly, it would impose a serious threat to the
health and welfare of innocent parties. In this case, it might be more
suitable and profitable to a CrimeFighter to use federal anti-pollution
laws for prosecution. (It also depends on the extent of the pollution.)
Professional dumpers, either individual contractors or drivers of company
vehicles who dispose of garbage or hazardous wastes, are usually not one-
time violators. Some of them have may been dumping for years. When that
can be proven, the fines and forfeitures can become very, very large.
Proof Needed
A videotape recording is the best evidence of dumping, especially if it can
positively identify the vehicle, license plate, printed signs, a clear
picture of the driver's face, and the complete sequence of driving up to
the dump site, dumping, and leaving. Use the camcorder's date and time
stamp in the recording to pinpoint when it occurred. Also, pan the area to
include mileage markers and other identifying features of the landscape to
provide identification of the dump site.
The usual law enforcement tactic is to lay charges against the driver and
allow plea bargaining if he provides evidence against his employers. The
driver will want to escape maximum punishment and will usually provide a
sworn statement that implicates supervisors or company officials who
authorized or ordered the dumping. That could lead to a confession of how
many times it was done. If a considerable amount of dumping has been done,
and the company or individual contracting firm has limited assets, the
accumulated fines and forfeitures might bankrupt the company. It could also
make the CrimeFighter rich. Both are highly desirable.
Federal and State Laws
Be sure to examine and compare Federal reward laws to those in your State
to ascertain the best one to use both to obtain a larger reward and to
retain control of the prosecution. If you lose control, you may lose the
promised reward if it's contingent on a conviction of a felony.
Why bother to include State reward laws in this book if they aren't better
than Federal laws? Answer is:
(a) To bring the comparison to the attention of State lawmakers to
encourage them to raise rewards up to or higher than Federal rewards;
(b) To provide an alternative in the event it's expeditious to use State
laws instead of federal laws. Example: If the time-delay contacting and
negotiating with a Federal agent might jeopardize the arrest and conviction
of a violator. (Better a smaller reward than no reward);
(c) To compare rewards available and locate misdemeanor rewards;
(d) To provide an alternative when negotiating with State or Federal
agents. If either party knows you can negotiate with another agency,
they'll be usually match the offer or better it. Each agency wants credit
for convictions, and the agency that prosecutes usually gets half of the
fines and forfeitures.
If you're in business as a CrimeFighter, be businesslike. Find out which is
the best law to use by comparing State or Federal reward laws. Know which
is the best deal first. (That's the purpose of this book.) Negotiate if
and when possible. Get a signed agreement before you make full disclosure.
Make sure the person who sign the agreement is duly authorized to make
binding commitments, and have them include a statement to that effect in
the signed agreement.
Getting More Information on State Laws
I tried to obtain information on state laws but ran into a problem:
Obtaining reward information from State District Attorney offices is not
easy. The letters I received, in response to my request for detailed
information and photocopies, said (with words to the effect): they receive
many requests for legal information and cannot provide a free staff and
photocopies; they do not provide research facilities or personnel to assist
the public to obtain specific information on legal subjects; Public offices
have limited facilities, staff, and budgets, etc.
As a result, reward information from State officials or law enforcement
agencies may be difficult to obtain by individuals. It will be up to you,
the reader, if you have access to your state (reward) laws, to provide
copies to CrimeFighters in your state.
Or, if you have any State law reward information you'd like to contribute,
please mail a photocopy to: CrimeFighters, 1400 Colorado Street, Boulder
City, Nevada 89005. Your contribution will be appreciated, and will be
passed along to other CrimeFighter lodges in those states via newsletters.
If and when State laws are as tough, or tougher in fines and forfeitures
than Federal laws, then it may be better to use them. So far, it seems that
most State laws pay woefully inadequate rewards. They don't even come
close to the rewards offered under Federal laws. In addition, Federal laws
offer more options, such as sharing of fines and forfeitures. And, Federal
agents (especially the FBI) are less likely to be tight-fisted to a
CrimeFighter's request for payment of a reward; they're used to paying
large rewards. Local politicians might believe $1,000 is big money "just
for information," and may be difficult to negotiate with.
F9 for next Chapter
Crime Information - a Valuable Commodity
Your Right to Withhold it While Negotiating for Rewards
Rewards from the Government
Each law enforcement branch of government has one or more provisions to pay
rewards for information leading to the arrest and/or conviction of anyone
violating the laws under their jurisdiction. Usually, the tipster must
contact the appropriate department first to qualify for the reward from
that department. Since most good rewards are paid under Federal laws, the
person to contact for negotiating rewards is an FBI agent.
Most federal laws offer rewards for information leading to the arrest,
conviction, apprehension of felons. or the recovery of missing equipment.
Your information on criminal activity can be worth anywhere from $100 to
$250,000. CrimeFighters should know how much information they can divulge
to get authorities interested -- without giving them all the information
before they get a binding agreement for payment. It's important to know
where you stand if a law enforcement officer tries to bully you into a full
disclosure without a written agreement to pay a reward.
Information Concerning a Crime
Title 18, Section 4, Misprision of Felony
"Whoever, having knowledge of the actual commission of a felony cognizable
by a court of the United States, conceals and does not as soon as possible
make known the same to some judge or other person in civil or military
authority under the United States, shall be fined not more than $500 or
imprisoned not more than 3 years, or both. (June 25, 1948, ch 645, section
1, 62 Stat. 684)"
* * * * * * *
Comment: Misprision is probably an unfamiliar word to you. A simple
translation is concealing or covering up a crime. The term felony might
also need explanation. It was defined by lawmakers as the following:
Title 28, Section 1, Offenses - Classified
Notwithstanding any Act of Congress to the contrary:
(1) Any offense punishable by death or imprisonment for a term exceeding
one year is a felony.
(2) Any other offense is a misdemeanor.
(3) Any misdemeanor, the penalty for which does not exceed imprisonment for
a period of six months or a fine of not more than $500, or both, is a petty
offense." (June 25, 1948)"
* * * * * *
Comment: The above definition was prepared more than 43 years ago! The $500
amount may now be considerably more (or should be). It says a felony is any
crime punishable by death or more than one year in jail. This is a simple
rule of thumb to distinguish between a felony and a misdemeanor. There are
some exceptions, depending on the crime.
Negotiating a Reward
The law of misprision requires some positive action to conceal a crime from
authorities. There was a unique case concerning an informer who made a
partial disclosure to the District Attorney, but the informer withheld the
details while he negotiated a reward. The D.A. got hard-nosed about it and
made threatening noises. The tipster was stubborn. The negotiations
collapsed and the details weren't divulged. As a result, the informer was
charged with misprision of a felony -- but wasn't convicted!
Reason: To successfully prosecute a person for misprision, the intent to
conceal or cover up is essential. Withholding details while an informer
negotiates for a reward is not an positive act of concealment or cover up.
In fact, the intent of the informer is to tell the details; delay was just
a matter of successfully negotiating a reward. A prosecutor would find it
hard to get a conviction of misprision when it may be the FBI agent who
refuses to negotiate in good faith to pay a reasonable reward!
The key word is reasonable. The informer has the right to withhold the
details until negotiations are successfully concluded. On the other hand,
it doesn't mean the FBI agent or D.A. has to agree to pay unrealistic
rewards just because it's demanded. In such an event, the D.A. might be
able to force the informer, by subpoena, to appear in front of a grand jury
and to witness under oath for regular witness fees!
Suggestion: Be reasonable and flexible in your negotiations. See chapter 28
for a formula to use as a guide for negoiating rewards.
Case Law
"Defendant who made truthful, though partial disclosure to Secret Service
of information about counterfeiting operation, but who withheld other
information because Secret Service agent would not pay him for it did not
take affirmative step to conceal crime, and thus his actions did not
constitute misprision of a felony." United States vs Ciambrone (1984, CA9
Nev) 750 F2d 1416)
"Conviction for violation of 18 USCS section 4 requires proof of
affirmative act of concealment and addition to failure to disclose."
People vs West (1980, 408 Mich 332, 291 NW2d 48)
"Mere failure to report felony is not sufficient to sustain conviction for
misprision of felony in that violation of 18 section 4 requires some
positive fact designed to conceal from authorities fact that felony has
been committed." United States vs Davila. (1983, CA5 Tex F2d 715, reh den
(CA5 Tex) 703 F2d 557)
"In order to sustain conviction for misprision of felony, government must
prove that felony was committed, that defendant had knowledge of felony,
that he failed to notify authorities, and that he took affirmative step to
conceal crime." United States vs Davila (1983, CA5 Tex) 698 F2d 715, reh
den (CA5 Tex) 703 F2d 557"
* * * * * *
Case law indicates a CrimeFighter may make a partial disclosure to start
negotiations but can hold back details until an amount is agreed upon and
put in writing. Law enforcement agents can't (and shouldn't) threaten a
CrimeFighter with misprision of a felony because he won't provide full
disclosure without a signed agreement for reasonable payment. The FBI may
not like being forced to be compete with other agencies, but no agent or
agency can force you to divulge the confidential information or prevent you
from shopping for rewards.
If negotiations bog down with an agency, try a different agency, and try
for a better offer - providing it is in their jurisdiction to handle the
prosecution. For example: Drug smuggling involves many law violations and
may come under the FBI, DEA and Customs. State laws may also be applicable.
State Police, Highway Patrol and local Police Departments may be prepared
to offer suitable rewards to obtain 50% of possible fines and forfeitures.
* * * * * *
Informer's Anonymity Guaranteed by Law
Federal law guarantees no one may get the name of the tipster who provides
confidential information or evidence against a lawbreaker.
Title 5 Section (n)68 is a long section that deals with the do's and don'ts
about confidential information. The following are excerpts from Title 5
section 552 (n)68 that relate to restrictions on confidential information.
* * * * * *
"Section 552 Public Information: agency rules, opinions, orders, records
and proceedings.
(a) Each agency shall make available to the public information as follows:
(Part (a) deals with the access to government information and the
availability of non-confidential information. Section (b) deals with the
restrictions)
(7) records or information compiled for law enforcement purposes, but only
to the extent that the production of such law enforcement records or
information (A) could reasonably be expected to interfere with enforcement
proceedings, (B) would deprive a person of a right to a fair or an
impartial adjudication, (C) could reasonably be expected to disclose the
identity of a confidential source, including a State, local, or foreign
agency or authority or any private institution which furnished information
on a confidential basis, and, in the case of a record of information
compiled by criminal law enforcement authority in the course of a criminal
investigation or by an agency conducting a lawful national security
intelligence investigation, information from a confidential source, (E)
would disclose techniques and procedures for law enforcement investigations
or prosecutions, or would disclose guidelines for law enforcement
investigations or prosecutions if such disclosure could be reasonably be
expected to risk circumvention of the law, or (F) could reasonably be
expected to endanger the life or physical safety of any individual."
* * * * * *
An idea of what may be paid for information can be found in Title 28 USCS
524 - Availability of Appropriations. This law authorizes the Attorney
General of the United States to disburse funds to various departments. Of
importance to readers, it also mentions specific reward limits and who may
authorize them.
Department of Justice Assets Forfeiture Fund
Title 28 United States Code (USCS) 524
"(c)(1) There is established in the United States Treasury a special fund
to be known as the Department of Justice Assets Forfeiture Fund
(hereinafter in this subsection referred to as the "Fund") which shall be
available to the Attorney General without fiscal year limitation for the
following purposes of the Department of Justice -
(A) the payment, at the discretion of the Attorney General, of any expenses
necessary to seize, detain, inventory, safeguard, maintain, advertise, or
sell property under seizure, detention, or forfeited pursuant to any law
enforced or administered by the Department of Justice, or any other
necessary expenses incident to the seizure, detention, or forfeiture of
such property: such payments may include -
(B) the payment of awards for information or assistance directly relating
to violations of the criminal drug laws of the United States;
(C) the payment of awards for information or assistance leading to a civil
or criminal forfeiture under the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 sec 800 et seq) or a criminal forfeiture under the
Racketeer Influenced and Corrupt Organization (RICO) Statute (18 USC 1961
et seq), at the discretion of the Attorney General.
(G) for purchase of evidence of any violation of the Controlled Substances
Act, the Controlled Substances Import and Export Act, Chapter 96 of Title
18 (sections 1961 et seq) or sections 1956 and 1957 of Title 18; and
Amounts for paying the expenses authorized by subparagraphs (A)(ii), (B),
(C), (F), and (G) shall be specified in appropriations acts. Amounts for
other authorized expenditures and payments from the Fund, including
equitable sharing payments, are not required to be specified in
appropriations acts. The Attorney General may exempt the procurement of
contract service under subparagraph (A) under the fund from section 3709 of
the Revised Statutes of the United States (41 USC 5), title III of the
Federal Property and Administrative Services Act of 1949 (41 USC 251 and
following), and other provisions of law as may be necessary to maintain the
security and confidentiality of related criminal investigations.
(2) any award paid from the Fund for information, as provided in paragraph
(1)(B) or (C), shall be paid at the discretion of the Attorney General or
his delegate, under existing departmental delegation policies for the
payment of awards, except the authority to pay an award of $250,000 or more
shall be not be delegated to any person other than the Deputy Attorney
General, the Associate Attorney General, the Director of the Federal Bureau
of Investigation, or the Administrator of the Drug Enforcement
Administration. Any award for information pursuant to paragraphs (1)(B)
shall not exceed $250,000. Any award for information pursuant to paragraph
(1)(C) shall not exceed the lesser of $250,000 or one-fourth of the amount
realized by the United States from the property forfeited.
(9) There are authorized to be appropriated such sums as necessary for the
purposes described in subparagraphs (A)(ii), (B), (C), (F) and (G) of
paragraph (1). At the end of each of fiscal years 1990, 1991, and 1992,
unobligated amounts not to exceed $150,000,000 remaining in the fund shall
be deposited in the Special Forfeiture Fund, except that an amount not to
exceed $150,000,000 or, if determined necessary by the Attorney General to
meet asset specific expenses, an amount equal to one-twelfth of the
previous year's expenditures may be carried forward and remain available
for appropriation in the next fiscal year.
(10) For the purposes of this subsection, property is forfeited pursuant to
a law enforced or administered by the Department of Justice if it is
forfeited pursuant to -
(A) any criminal forfeiture proceeding;
(B) any civil forfeiture proceeding; or
(C) any civil administrative forfeiture proceeding conducted by the
Department of Justice, except to the extent that the seizure was effected
by a Customs officer or that custody was maintained by the United States
Customs Service in which case the provisions of section 613A of the Tariff
Act of 1930 (19 USC 1613A) shall apply."
As amended Nov. 18, 1988 P.L. 100-690, Title VI, Subtitle B, section 102
Stat 4320)"
* * * * * *
Another, similar fund is the Customs Forfeiture Fund, mentioned in more
detail in Chapter 14.
As you can see, awards (or rewards) authorized paid under subparagraph
(1)(B) or (C) can be up to $250,000! Of course that doesn't mean all
rewards will be that amount. That's the maximum authorized. The reward for
turning in a small-time teenage dope dealer, peddling marijuana, for
example, might net you $1,000 but probably not much more. It's difficult
to state a specific amount for any level of criminal activity because each
situation varies and that's why it's negotiable. The reward amount depends
on many factors, including personal risks involved.
The above is basic information to determine a reward amount that may be
worth anywhere from $1,000 to $250,000. The U.S. District Attorney or an
FBI agent is the one you negotiate with. They are bound by existing
departmental policies (or guidelines) for the payment of awards.
Incidentally, if an agent or agency says they are restricted by such
guidelines to pay minimal rewards, that's their problem, not yours. Take it
to the highest bidder. "Guidelines" aren't inflexible. They can be changed
if they want the case bad enough. When there's a lot of money in fines and
forfeitures, and they get half, they may bend the rules to pay you half. If
not, try someone else. If no one is interested in paying 50 percent of
fines and forfeitures to you as a reward, the lawbreaker might be very
happy to settle your civil suit for the same amount -- 50% of anticipated
and pending fines and forfeitures -- for reduced charges.
CrimeFighter Reward Strategy
(1) When you provide the information leading to the arrest, you have a
reward pending under 3059, among others. That makes you eligible for Qui
Tam law. You then have the legal right to be the prosecutor. As prosecutor
you can choose which laws you want to use to prosecute. When you can, use
RICO. Under RICO you can negotiate with the FBI for 50% of fines and
forfeitures with no upper limit.
(2) Initiate a CrimeFighter lawsuit whether or not the lawbreaker has any
significant assets. List the known assets, if any. If none, the award
sought will be $1,000 plus costs to be paid for your time, and to exert
pressure to obtain additional information on other criminal activity.
(3) Negotiate with the FBI for suitable rewards plus 50% of forfeitures. If
they want the case and offer a suitable reward, turn the case over to them.
(4) In the unlikely event no agency is interested in paying a suitable
reward, plea bargaining is next. Negotiate with the defendant to settle
your CrimeFighter lawsuit, which includes all the defendant's known assets
and or a suitable amount to pay for your time and costs -- in exchange for
reduced charges. Make lawbreakers pay a suitable reward and buy their way
out of jail.
(5) If there are no possible fines or forfeitures of any significance
involved, and no one wants to prosecute, negotiate plea bargaining to
obtain information and future payment of your investigative costs.
When lawbreakers don't have any money, ask them to sign a promissory note
and schedule monthly payments of any amount they can afford. Offer cash
credits for information on criminal activity they may already know about or
will learn about in the future. The money owed to you gives you control
over the person and provides legal pressure to pay the money owed, or to
provide future (crime-related) information.
(6) When all else fails, just turn the case over to the regular prosecutor
and apply for rewards under 3059 (first), and 886 if drugs were involved,
or the last resort -- Crime Stoppers or WE-TIP.
(7) CrimeFighters are asked to report to CFI their good and bad experiences
when negotiating for rewards with certain agents and agencies. CFI's
newsletters will help CrimeFighters decide who to go to, who not to go to,
and what to expect from each law enforcement agency. Who knows, the best
agency to negotiate with might be your local police department!
F9 for next Chapter
Citizen Arrest Under Common Law
Common law and most State laws provides a citizen with extensive powers to
make an arrest without a warrant for felonies and "breaches of peace"
committed in the citizen's presence, or on probable cause for past felonies
providing they have been actually committed.
The State of Louisiana, whose law is based on Napoleonic Code rather than
on English common law, is an exception. In recent years, Louisiana laws
have been brought in line with those of other States, but they still
contain significant differences which CrimeFighters operating in the State
of Louisiana should keep in mind. Unless they are familiar with Louisiana
State laws and Napoleonic Code, CrimeFighters should seek the advice of a
lawyer before attempting citizen arrests.
Police vs. Citizen Arrests
It's easier for police to make an arrest and handcuff the person arrested
because the suspect knows police will use force when necessary and will
shoot back when shot at. When a citizen attempts a citizen arrest, the
first question in the mind of the person being arrested is "what authority
do you have?" And the next question is, "do you have a gun to enforce an
arrest?" Lawbreakers know citizens don't usually have permits to carry
handguns. If they intend to resist arrest, they may pull a gun or knife on
you. When making an arrest for a serious crime, the lawbreaker may be
desperate or doped up. They may try to wound or kill you to escape. If you
don't have a weapon to defend yourself you could get seriously wounded or
killed.
Lawyers and police officers will advise you to just report the criminal
activity and never attempt a citizen arrest. Generally, this is the best
advice you'll get. However, sometimes police aren't handy, a telephone is
far away, and the criminal will escape if you don't do something right then
and there -- and you might lose many thousands of dollars in reward money!
If (1) you know the difference between petty offenses, misdemeanors, and
felonies, (2) the simple rules of making a citizens arrest, (3) have the
required evidence or probable cause (felonies only), (4) and know the
danger (if any) and personal risk, and (5) think you're right: do it!
Misdemeanors vs. Felonies
Some States authorize a citizen arrest for misdemeanors committed in a
citizen's presence, but other States limit a citizen arrest for a
misdemeanor to "disturbing the peace," such as a fight or a noisy party
late at night that won't quiet down, for example. In some States, citizen
arrests for misdemeanors may be justified only if the person arrested is
later convicted! (Meaning you better have iron-clad evidence.)
In some jurisdictions, a citizen arrest may be authorized when a crime,
like purse snatching, is made and observed by the citizen even though it is
considered petty larceny or a misdemeanor. If violence is used to snatch
the purse it may upgrade the crime to a felony, depending on the degree of
violence used.
In some States a citizen is required by law to arrest anyone caught in the
act of committing a felony or immediately afterward. Citizens may be fined
or put in prison when they don't try to make an arrest. Although this is
seldom enforced, anyone witnessing a felony is supposed to make an arrest
or assist an officer or a citizen (when asked) to make an arrest. It's your
duty. Find out if there is such a law in your state, and if so, that law
is your authority to quote if anyone asks "what authority do you have?"
Title 18, Section 3059 is a Federal catch-all law that provides citizens
with authority to make arrests, by force if necessary, and by deadly force
if deadly force is required. If there is no state law that provides you
with authority to make citizen arrests, quote the federal law. Or display
your CrimeFighter I.D. card that has this Title 18: 3059 quotation.
State and Federal laws
In order to determine whether a crime is a felony or a misdemeanor, become
familiar with your State laws. About 80% to 90% of the violations a Crime-
Fighter will encounter are under State law. Most States have felony laws
that parallel Federal laws, with a few exceptions. State laws often vary;
some States have liberal laws and others restrictive laws. A misdemeanor in
one State may be a felony in another, and vice-versa. When in doubt, check
it out first. Know your own state laws.
A comprehensive listing of all the laws for all 50 States would fill a
large book. While it's possible to compile such a book, few readers would
want to buy a large, expensive book to obtain one chapter relevant to the
State in which they live. Instead, visit a public library, or law library,
and look up your State laws concerning petty offenses, misdemeanors, and
felonies. Compile your own list. At the same time you'll become familiar
with them. You'll also learn where to find references to Federal laws.
If there is a CrimeFighters Chapter in your area, contact them first. If
they have a lawyer as a member, he or she may have compiled such a list of
State laws.
How to Make a Citizen Arrest -- Simplified
When possible, introduce yourself by name and say "I am not a police
officer but I'm making a lawful citizen arrest." Then say" you are now
under arrest for .........)".
If the person appears to be ready to fight or make threatening words or
gestures, advise the person that resisting arrest is a misdemeanor, and if
the person hits you it will result in assault and battery charges, and if
he or she flees from arrest, additional charges of fleeing from arrest will
be made. (Memorize this part so, when it's called for, you can say it fast
before any physical action takes place.)
If the lawbreaker submits to the arrest, handcuffs may not be necessary or
available. It may be sufficient to say, "I have handcuffs, but if you give
me your word you won't try to escape and will come peacefully with me, I
won't put them on you. Do I have your promise to come peacefully?" In most
cases the suspect will either flee or will appreciate not being handcuffed
in public and will be resigned to the arrest.
Needless to say, the polite approach won't work if the suspect is a member
of Hell's Angels or another notorious gang. When the situation requires
tough street talk to properly communicate, and verbal commands are ignored
or useless, you may have to resort to physical force. If you must subdue
the person, match the degree of violence used against you -- fist against
fist, club against club, or even deadly force if deadly force is about to
used on you. But you mustn't escalate the degree of violence excessively
where it could be said you used considerably more force than was required
under the circumstances.
Never use violence or abusive language when it's not called for. Behaving
like a gentlemen lessens the probability of physical violence, or lawsuits
if the suspect is found not guilty. Police academies teach transactional
analysis, or how to stay in control of an argument. When a suspect shouts
or shows anger, it's recommended you don't allow his actions to make you
raise your voice and let your temper get out of hand. (He's leading you.)
Talk quietly and firmly and make the other person lower their voice to
match yours (if possible) to reduce the threat of further escalation of the
argument. (You're leading him.) That's theory. As police soon find out, it
doesn't always work. Sometimes force is necessary. That's why uniformed
police carry batons. If you happen to be carrying a 5-cell, rubber cased
flashlight, it can be used like a baton, if and when the resistance
escalates to a fight.
(Police batons and similar items may be considered as "weapons". Citizens
in some States may be forbidden to have them. But there is usually no
restriction on having a long, sturdy 5-cell flashlight. It can be openly
carried without raising eyebrows of passing pedestrians. And, if you know
how to use a police baton, the flashlight can be an effective substitute.
(Books on how to use police batons are in CRIMECAT.) CFI will try to locate
a source of supply of rubber-case flashlights and make them available to
CrimeFighters. Look for announcements in future newsletters or CRIMECAT.)
If the violation involves a strong or violent argument, or force used in
resisting the arrest, you might consider putting handcuffs on the suspect
if you have them with you. (Nylon "ties" are inexpensive and lightweight.)
Search and Seizure
A search and seizure may be required as part of the arrest procedure when
the person being arrested might be known to be, or is reasonably suspected
of carrying a dangerous weapon or stolen property or drugs.
Law enforcement agents are trained to search a suspect's body (frisking).
If you don't know exactly what you're doing or how to go about it, don't
do it. It may put you into physical danger unless you have another person
backing you up. When it's known by police that the arrest may involve
women suspects, a policewoman is used to conduct a body search of female
suspects. A male citizen attempting a body search of a female suspect could
be accused of unlawful sexual assault.
Most lawbreakers won't become violent if they are just "talked to," but
they may strongly resent a citizen CrimeFighter forcing them into an
embarrassing situation -- such as "taking up the position" for a body frisk
and the further indignity of handcuffing. When possible, avoid such
tactics. Try to be polite and considerate as possible when dealing with
people. Bullying tactics can backfire by escalating a simple arrest into a
brawl and the possibility of tempers exploding with weapons being drawn and
used. Never start a fight or provoke someone into a fight. CrimeFighters
should try be a perfect gentleman as much as possible -- when practical.
Turning Suspects Over to Police
If you have a cellular phone, call the police and ask them to take the
suspect into custody. If you don't have a cellular phone, ask anyone at
hand to call the police for you. Or, tell the person to "come with me to a
pay phone so I can call the police".
Remind suspects that if they refuse to accompany you to a police station or
wait for the police to arrive at the scene, they can be charged with
"resisting arrest" and "escaping from an arrest" -- which are either
misdemeanors or a felonies depending on the charges pending. Refusing to go
with you to a pay phone where you can call the police might be considered
by the court as the same as resisting arrest and might justify force, if
force is required.
If you have no cellular phone to contact police, politely order the person
to accompany you to a police station via taxi. (Your own vehicle is not
recommended if you have to do the driving and are alone.)
If the lawbreaker refuses to accompany you to a police station or wait for
police to arrive, try to obtain a name and address by tailing the person or
obtaining the vehicle's license plate number. If you have witnesses, obtain
their names and addresses. If you have all the information and witnesses
(or other evidence such as a videotape recording) notify police as soon as
possible. Let the police take the suspect into custody. Never use brute
force when force isn't required -- or can be avoided.
According to Bob Burton, a seasoned veteran at making arrests in his bail
recovery business, most people arrested (about 70% of the time) recognize
they're caught and don't offer physical resistance. The majority who resist
arrest do so by attempting to run away. You might get shoved or pushed but
seldom knifed or shot. But you never know. Expect violence and be prepared
for it. Always have a backup person with you when you know you're arresting
a lawbreaker who is known to be a dangerous person.
Common sense should be exercised when making an arrest. Unless it's an
emergency, try to avoid making an arrest inside a shopping mall or public
place where there are many pedestrians. If the suspect is a woman, a common
tactic is making a screaming accusation of sexual assault or molestation
against you. Other people might then get involved by thinking you are
unlawfully attacking an innocent person and may otherwise block or thwart
the attempted arrest. If you or the suspect use weapons, innocent bystand-
ers may get hurt -- or become hostages. When possible, wait for a better
time and place to apprehend lawbreakers. Choose uncrowded places to reduce
risk to bystanders and to yourself.
When and if violence is required, or is considered imminent by the law-
breaker against you, it's wise to back off if you can. Report it as soon
as possible and let law enforcements agents make the arrest. Although
there may be exceptions to this rule of "no violence," it's better to be
safe than sorry. Other than physical risk to life and limb to either party,
there's also a lawsuit liability to consider and avoid.
Follow Up
If the lawbreaker drives away, write down the license plate number and
describe the vehicle. Follow the car if you can while you notify the police
on your cellular phone and ask for their assistance. If the pursued suspect
notices you and takes evasive action, such as a high-speed driving, abort
the chase. Immediately contact the police, advise them of the particulars
and let them dispatch patrol cars to intercept and apprehend the violator.
Other Things to Know and Understand
When an arrest is made the person is physically detained or "taken into
custody" (usually by handcuffing). The general rule was (note the past
tense) actual contact had to be made. For many years it was considered
important to at least touch the person, however gently, when saying "you
are under arrest". That is no longer the rule.
Reaching out to touch a person on the arm or shoulder could be dangerous.
Such a move could be interpreted as a hostile gesture and the beginning of
physical violence. It could prompt a similar or more violent reaction. The
resultant shoving and pushing could escalate to a fist fight or the drawing
of weapons. However, if someone resists arrest, physical contact and
matching force is usually necessary.
Elements of an Arrest
1. Intent: Stopping a person without intending to make an arrest is not an
arrest. For example, just stopping someone to ask questions doesn't
constitute an arrest.
An arrest isn't official until the intent to arrest is communicated to the
person being arrested by the person making the arrest. The arrestor must
identify himself or herself and the authority to make the arrest (if the
arrestor is not in police uniform) and the reason for the arrest.
The Fourth Amendment of the U.S. Constitution includes specific phrases to
protect citizens from unreasonable search and seizure ("The right of the
people to be secure in their persons,... against unreasonable search and
seizures ... shall not be violated, and no warrants shall issue, but upon
probable cause, and particularly describing the persons...to be seized.")
In addition, the Fourth Amendment's guarantee of the right of privacy is
enforceable through the due process clause of the Fourteenth Amendment, and
identical or similar provisions are found in the constitutions of each
state. Law officers (and private citizens) are not permitted to randomly
stop anyone for "questioning" unless they have probable cause. It also
means that officers or anyone else can't stop someone and say that they are
under arrest in order to detain them for personal reasons (false arrest).
Example: A motorcycle cop sees a pretty woman in a car and wants to talk to
her to get her name and address, and perhaps a date. He signals her to pull
over to the curb under authority of law (his uniform) to answer his
personal questions and engage in ordinary conversation. If she wasn't
amused, and complained, the amorous cop could be sued for violating her
civil rights. He could also face disciplinary action. But she couldn't sue
for false arrest if she wasn't placed under arrest and the officer didn't
intend to arrest her. Stopping someone doesn't, by itself, constitute an
arrest until the intent to arrest and to detain the person is communicated.
Apprehending or physically stopping anyone from continuing on their way,
for personal reasons but under the guise of law, is a violation of civil
rights.
2. Authority. Police officers are restricted to their own respective areas
of jurisdiction. An officer who crosses into another area outside his or
her jurisdiction has no legal authority as an officer to make a lawful
arrest. There are two exceptions. A hot pursuit of a felony suspect can be
arrested in another jurisdiction. (Generally, "hot pursuit" authority to
make an arrest in another State does not apply to misdemeanors.) Also, a
police officer can make a citizen arrest outside his or her jurisdiction.
3. Control. The actions of the person making an arrest must result in
physical and mental control over the person arrested. In 1889 the Supreme
Court of North Carolina stated: "The certain and most unequivocal method of
making an arrest is by the actual seizure of the person to be arrested, but
this is not essential; it is sufficient if the person be within the control
of the officer, with power of actual seizure if necessary. The officer need
not touch the person of such party to make the arrest effectual, but he
must have, or intend to have, control of the party's person. This seems to
be necessary to constitute a valid arrest."
4. Probable Cause. Reasonable cause, probable cause, or good reason to
believe, have been deemed to exist when: (a) a person resembles the one
accused and fails to identify himself or herself as a person who did not
commit the felony. (b) the person's movements or actions are similar to
those of the suspect; (c) it becomes known that the person to be arrested
committed a felony or was in the company of the perpetrator before or after
commission of same; or (d) the person to be arrested has some of the
proceeds of the felony in his or her possession or has been seen leaving
the place where the felony was committed.
Probable cause may be defined as: having many known facts, based on what
has been seen and heard, knowledge of the person, time of day or night, and
other incriminating circumstantial evidence, plus the officer's experience
and training, all of which might lead a person to a conclusion the suspect
is probably guilty and should be arrested. A few excerpts from court
decisions may help to provide better understanding on the subject of
probable cause:
"We have indicated on many occasions that there are a few absolutes in the
area of law dealing with what constitutes probable cause for arrest. We
have also emphasized from time to time that probable cause is not to be
evaluated from a remote vantage point of a library, but rather from the
view point of a prudent and cautious police officer on the scene at the
time of the arrest."
"Mere suspicion is not enough to constitute probable cause...especially if
it is mere general suspicion. An arrest cannot be justified on the mere
belief that a person has been guilty of an offense, if such belief has no
foundation in fact or has insufficient circumstances on which to rest, or
if the person arresting unreasonably acts at the request of a third person
who himself has a mere suspicion of the guilt of the one arrested.
Furthermore, to afford a justification, there must be not only a real
belief and reasonable grounds for it, but also, where there is opportunity
to make inquiry, proper investigation into the facts."
"Mere suspicion, based on the arrested person's reputation and his presence
in the vicinity where the crime occurred, does not constitute probable
cause. Thus, the fact that the person arrested has a jail record and has
admitted previous commissions of the same offense for which he is arrested
does not enlarge the authority of the officer to arrest, and is no justi-
fication for an illegal arrest without a warrant."
"Flight of the suspect is an important circumstance in the knowledge of the
officer, tending to justify arrest without a warrant. However, it has been
said that every man has a right to oppose an illegal arrest by flight, and
the fact that he does so will not authorize his arrest as a fugitive."
Comment: If an officer receives first-hand information from a witness, plus
tangible and intangible facts also known to the officer, that may create
probable cause.
Citizen Arrest Based on "Suspicion"
Police often make arrests based on "probable cause" or" sufficient reason"
to believe a crime has been committed or might be committed. A citizen
arrest for misdemeanors is restricted in this sense. In most States, a
citizen arrest for misdemeanors or petty offenses based on suspicion only
isn't authorized no matter what the circumstances might be.
Citizen arrests for felonies should not be made on "probable cause." Few
citizens are trained and experienced enough to make this important judgment
call. If the arrest is not lawfully made and violence was required to
subdue the arrested person fleeing from an unlawful arrest, it could result
in a valid lawsuit against the citizen.
Disturbing the Peace
Almost any illegal activity could be broadly interpreted by some courts as
"disturbing the peace." The law states that it is a citizen's right and
duty to make a citizen's arrest of the parties involved for disturbing the
peace (1) to prevent its continuance, (2) immediately after it has been
committed, or (3) if it appears that the disturbance may be continued
afterwards. This right and duty usually includes the right for a citizen to
pursue and apprehend lawbreakers but doesn't include high-speed pursuit by
a vehicle to make an arrest after suspects leave the scene of the crime.
"Reading The Rights"
Most readers are aware of this standard procedure when an arrest is made by
police. For those not familiar with the Miranda case, it's the right of a
person arrested to call a lawyer for advice, and not to incriminate
oneself, among others. The following rights statement is recited to persons
who have just been arrested:
Miranda Warning
1. You have the right to remain silent and not make any statements at all
and any statement you make may be used against you at your trial;
2. Any statements you make may be used as evidence against you in court;
3. You have the right to have a lawyer present to advise you prior to and
during any questioning;
4. If you are unable to employ a lawyer, you have the right to have a
lawyer appointed to advise you prior to and during any questioning; and
5. You have the right to terminate the interview at any time.
Waiver
After the warning is made, and in order to secure a waiver, the following
questions should be asked and an affirmative reply secured to each
question)
1. Do you understand each one of these rights that are explained to you?
2. Having in mind these rights, do you want to talk with us now?
* * * * * *
An arrest properly made in all other respects may or may not be valid if
the officer doesn't advise the lawbreaker of these rights. A police
officer making an arrest is required by law to advise the suspect of his
rights "as soon as possible," -- but not necessarily at the time of the
arrest! It can be at a later time, but should be before questioning begins.
A police officer who interrogates a suspect without a Miranda warning can
find any inculpatory statements suppressed by the courts.
A private citizen is not constrained by this constitutional issue. Few, if
any, citizens carry Miranda cards in their pockets to read from and haven't
memorized them. Accordingly, damaging statements made to a private citizen
without Miranda warnings have been admissible in court.
Again, it boils down to the Constitution and the restrictions on "police
powers." In this case, the Fifth Amendment is designed to prevent police
from browbeating or forcing persons to confess or testify against them-
selves. Although a security guard may dress like a police officer, the
guard isn't a sworn officer. Any questioning by a security guard or a
private citizen that results in the admission of guilt ("I did it") is
admissible in court even if the Miranda warning was not given.
Legal Terminology & Search Warrants
Complaint
A complaint is a charge, presented to a magistrate or Justice of the Peace
having legal jurisdiction, that a person named (or an unknown person) has
committed a particular offense, in order that a prosecution may be started.
To allow a magistrate to issue a warrant, a proper complaint under oath
must be brought before the magistrate. The magistrate will then decide
whether a crime has been committed and if probable cause exists to suspect
the accused.
(A "magistrate" is the title of a judge of an inferior (lower) court with
limited criminal, and sometimes limited civil, jurisdiction.)
Arrest by Warrant
A warrant is a writ issued by an authorized magistrate to an officer,
requiring the officer to arrest the lawbreaker or suspect named in the
warrant, and to bring that person before the magistrate to be dealt with
according to law.
(A "writ" is an order issued by a court or judge directing a public officer
or private person to do a specific act.)
Issuance of a Warrant
To obtain a warrant for an arrest, a formal complaint must be made before a
magistrate. The complaint must show either that a crime has been committed
or that probable cause exists to suspect the accused. After indictment, a
bench warrant for the accused's arrest is usually issued.
(Indictment: A formal accusation made by a grand jury charging a person
with having committed a crime. Bench warrant: An arrest warrant issued from
the bench, or court, for the arrest of one named or described therein.)
Method of Arrest with a Warrant
When making an arrest by virtue of a warrant, the officer or CrimeFighter
must tell the suspect of the cause of the arrest and that a warrant has
been issued for the arrest. This requirement is waived if the suspect runs
away or forcibly resists lawful arrest. (The officers or CrimeFighters may
not have the opportunity to tell the suspect who they are or why the arrest
is being made.) The officer or CrimeFighter doesn't need to have the arrest
warrant at the time of the arrest but it must be produced as soon as
possible after the arrest.
Method of Arrest Without a Warrant
The officer or CrimeFighter must tell the suspect of his or her authority
(if not in police uniform) as well as the reason for their arrest. This
requirement is waived when the suspect is caught in the commission of a
crime, is chased immediately after the crime was committed, after an escape
from custody, or if the suspect forcibly resists arrest before the officer
or CrimeFighter can identify himself and say why the arrest is being made.
Warrants -- General
A citizen's arrest is usually authorized (or required, for a felony
committed in the arrestor's presence), but a citizen making an arrest is
restricted in some ways that a police officer is not. The most common
restriction, when applicable by State law, is that a citizen arrest may or
may not be made without a warrant. It is also usually further restricted
to felony violations only. (Check with your District Attorney or lawyer.)
A warrant for an arrest is allowed only for a specific violation(s) and a
person must be named in the warrant. A "John Doe" warrant may be used, but
requires extenuating circumstances not usually available for a citizen
arrest. A separate application and warrant must be issued for each
individual being arrested. Warrants for arrest are usually obtained from a
magistrate, a Justice of the Peace, or a judge.
In some situations, a citizen may be issued a warrant for the arrest of a
lawbreaker but they aren't issued easily to a private person who is unknown
to the magistrate or Justice of the Peace.
Exceptions: In a felony observed by a citizen or when an act involves
disturbing the peace, a warrant for the arrest is usually not necessary.
It's usually not necessary when a crime is being committed or a "wanted"
person is seen in a public place where an arrest can be made.
Warrants are sometimes required for misdemeanors but never issued for petty
offenses. A summons to appear in court is the usual procedure for
prosecution of petty offenses and most misdemeanors. Failing to answer the
summons and appear in court is a "contempt of court" violation, which may
result in a felony charge.
Search Warrants
Search warrants are not required when an arrest has been made and a frisk
(not a strip) search is made for hidden weapons. The "pat down" for weapons
is incidental to the arrest and no search warrant is needed. When a
vehicle is stopped for a driving infraction, it's permissible for the
officer to look around the immediate area (including the interior of a car)
for dope, booze, and guns that may be visible.
A complete search of the vehicle is not authorized without a search
warrant, unless there is "probable cause" to believe the vehicle or its
occupants have contraband or incriminating evidence. The common-sense
reason is that if a search isn't made at that time, the vehicle will be
moved and the evidence also removed. When police make an arrest, they are
authorized to make a cursory search "incidental to the arrest."
Search warrants are required when a suspect's vehicle or home is searched
for contraband before an arrest is made. Police who make such illegal
searches "looking for a reason to make an arrest" would be violating a
citizen's rights against unreasonable search and seizure laws. Any evidence
found during an illegal search would not be allowed as evidence. This law
discourages unlawful searches by excluding any such evidence. This is
called the "exclusionary rule".
The exclusionary rule applies to law enforcement agents to prevent abuse of
police powers. It does not apply to citizens. If a CrimeFighter were to
obtain evidence by an illegal search and gave it to the police it could be
used as evidence. The qualifier is the citizen must not be working under
the direction of police. If the CrimeFighter was working with the police,
or under their control, it could be said the action was instigated by
police. Any such evidence obtained would fall under the exclusionary rule.
If a citizen acting on his own initiative, without police knowledge or
sanction, and unknowingly or accidentally but illegally, obtained certain
evidence and later gave the evidence to the police anonymously (or under a
confidential agreement when negotiating for a reward), it could be used
against the lawbreaker in court.
That doesn't make it legal for any citizen to break the law, but he might
get away with it if police were to later (after the fact) guarantee
immunity from prosecution in exchange for the evidence they need. This is
standard procedure when a lawbreaker is "flipped" to provide information on
other lawbreakers. The snitch's own crime is "overlooked" or dismissed in
order to get information on other criminals who are more important. I
believe that's called "police's discretionary powers". As the official
prosecutor, you may have similar discretionary powers.
Of course, there is a possibility the citizen might be sued for violating
the lawbreaker's civil rights -- if the defendant learned the name of the
citizen who illegally obtained the evidence.
But, if the information or physical evidence was given to police under a
confidential agreement by an informant, or anonymously by mail, the source
of the information can't be disclosed. Confidentiality of informants is
guaranteed by law. That law is Title 5 USCS 552.
Civil Rights
Courts are protective of the civil liberties of its citizens - even though
it means a few criminals may go free. Criminal law and civil law systems
are different and carry different burdens of proof. Even if criminal
charges are accepted (and in some cases even if the suspect is found
guilty) the person making an arrest can be sued for civil damages. This is
a dilemma every police officer faces daily. (And police are better trained
than CrimeFighters!)
Example
Five person arrested in a Dekalb, Illinois, drug raid were awarded $22,000
by a Federal jury which found that three policemen had violated the
plaintiff's civil rights. The former Northern Illinois University students
and their wives were among 12 persons who sued the police for $1.2 million
in damages. The suit alleged that three law enforcement officers planned
and executed the raid without search or arrest warrants. One Northern
Illinois University security officer, a Dekalb city police officer, and a
Dekalb County sheriff's deputy were held liable for false arrest, false
imprisonment, and assault and battery. (Richards vs. Busby)
As you can see, police aren't exempt from the law either. Many such
incidents are generally ignored by citizens without lawsuits, mainly
because of intimidation factor by a badge and uniform. Be that as it may,
citizens will be quickly pounced upon for infringing anyone's civil rights.
CrimeFighters will be even more vulnerable. Be extra cautious. Make sure
you know what you're doing. Protect yourself against such lawsuits.
Federal vs State laws
The information in this book pertains to Federal law, but you can use it as
a guide. When working with the FBI and prosecution in federal courts
federal law is used. Most misdemeanors will be prosecuted under State laws,
which are similar to but not always identical to Federal law. Every State
has different standards for search warrants. You will need to know the laws
of the State in which you reside.
Arrest Laws (Federal)
Title 18 USCS 2231
Assault or Resistance (search and seizure)
(a) Whoever forcibly assaults, resists, opposes, prevents, impedes,
intimidates, or interferes with any person authorized to serve or execute
search warrants or to make searches and seizures while engaged in the
performance of his duties with regard thereto or on account of the
performance of his duties, shall be fined not more than $5,000 or
imprisoned not more than three years, or both; and-
(b) Whoever, in committing any act in violation of this section, uses any
deadly or dangerous weapon, shall be fined not more than $10,000 or
imprisoned not more than ten years, or both."
Title 18 USCS 2232
Destruction or removal of property to prevent seizure.
Whoever, before, during, or after seizure of any property by any person
authorized to make searches and seizures, in order to prevent the seizure
or securing of any goods, wares, or merchandise by such person, staves,
breaks, throws overboard, destroys, or removes the same, shall be fined not
more than $2,000 or imprisoned not more than one year, or both.
Title 18 USCS 2233
Rescue of seized property
Whoever forcibly rescues, dispossess, or attempts to rescue or dispossess
any property, articles, or objects after the same shall have been taken,
detained, or seized by any officer or other person under the authority of
any revenue law of the United States, or by any person authorized to make
searches and seizures, shall be fined not more than $2,000 or imprisoned
not more than two years, or both.
Title 18 USCS 2234
Authority Exceeded in Executing Warrant
Whoever, in executing a search warrant, willfully exceeds his authority or
exercises it with unnecessary severity, shall be fined not more than $1,000
or imprisoned not more than one year.
Title 18 USCS 2235
Search Warrant Procured Maliciously
Whoever maliciously and without probable cause procures a search warrant to
be issued and executed, shall be fined not more than $1,000 or imprisoned
not more than one year.
Title 18 USCS 2235
Searches Without Warrant
Whoever, being an officer, agent, or employee of the United States or any
department or agency thereof, engaged in the enforcement of any law of the
United States, searches any private dwelling used and occupied as such
dwelling without a warrant directing such search, or maliciously and
without reasonable cause searches any other building or property without a
search warrant, shall be fined not more than $1,000 or imprisoned not more
than one year, or both.
This section shall not apply to any person-
(a) serving a warrant of arrest; or
(b) arresting or attempting to arrest a person committing or attempting to
commit an offense in his presence, or who has committed or is suspected on
reasonable grounds of having committed a felony; or
(c) making a search at the request or invitation or with the consent of the
occupant of the premises.
Unofficial Analysis
Search warrants are normally restricted to law enforcement agents. However,
under (2236)(a) any citizen who has obtained a warrant for an arrest would
seem to be operating "under color of law" and have the same authority to
search without a separate search warrant.
By the same reasoning, a private person who has authority under common law
to arrest any person who falls into the description in 2236 (b) and (c)
(above) might also have the same authority for search warrants as a police
officer, when acting under the guidelines and provisions of common law or
under various State laws pertaining to citizens arrests.
The Law is Not Guaranteed to be Equal Everywhere
The law is not determined by a precise mathematical formula. Court
decisions are based on many unique circumstances with varying degrees of
intent or guilt determined by the evidence presented to the court. In
different courts, and in different States, the verdict and penalties levied
are often quite different. Lawyers recognize this and often try to obtain a
change of trial date or a different jurisdiction to avoid a judge with a
known harsh attitude towards certain offenses ("shopping for judges").
Criminal law is not determined equally or justice rendered the same in
every court. In civil law, decisions are influenced more by the best
lawyer's argument, and how it's presented, than by anything else.
The law on citizen's arrest and search and seizure varies from State to
State and often seems contradictory. What's valid in one State may be
invalid in another or simply not enforced under circumstances that are
often unknown at the time of pursuit and a citizen arrest.
The above Federal laws are useful as guidelines for general information.
State laws vary and all laws are constantly being changed. Before you
assume you have the right to make citizen arrests or searches, verify your
standing first. Check it out with a magistrate, justice of the peace, chief
of police, or a lawyer who specializes in criminal law.
Get Specific Legal Advice
There is no Federal law (as such) on citizens arrests, but many States have
enacted statutes that provide guidelines as well as restrictions. In the
absence of State law, common law and common sense prevail. If you plan on
being an active CrimeFighter, obtain specific advice from a lawyer in in
your State on making citizen arrests.
Obtaining Further Information
Visit a library to read case law under the subjects "Arrest," and "Search
and Seizure." They are mentioned in detail in American Jurisprudence
volumes. Case law mentions the problems of both prosecution and defense and
the courts' decisions on same. Use case law as a guide to how the courts
might rule on your similar actions.
Like Qui Tam law, common law on citizen arrests has been established by
precedents that go way back in time. Decisions handed down from various
cases (case law) help to ascertain what can be done or shouldn't be done.
R E V I E W
The Steps Involved in a Citizen Arrest
(1) A CrimeFighter may make an arrest when the person to be arrested has,
in his or her presence, committed a misdemeanor amounting to a breach of
the peace or a felony, or when a felony has been committed and reasonable
grounds exist to believe the person to be arrested has committed the act.
(2) A CrimeFighter, when making an arrest, must tell the suspect being
arrested of the intention to arrest and the cause of the arrest. That's not
necessary if the suspect is engaged in the commission of an offense, is
chased after its commission, after an escape, or forcibly resists before
the CrimeFighter has opportunity to inform the person.
(3) After making an arrest a citizen must, without unnecessary delay,
deliver the suspect to a police officer, or take them to a magistrate or
police station.
Other Things to be Considered
(4) The fact that an authorized arrest is made in an unauthorized manner
(excessive force or illegal actions) may make the CrimeFighter liable, but
will not adversely affect the state's right to detain the accused if lawful
cause exists.
(5) If an arrest is authorized, attempted, or made in a proper manner, the
person making it, whether an officer or a CrimeFighter, merely performs a
duty, and that person incurs no liability, because the law protects the
arrestor. (An honest mistake by a CrimeFighter will usually be forgiven by
an innocent person -- if you act like a gentleman. Lawful citizen arrests
(under color of law) are protected by law from malicious lawsuits the same
as policemen are.) However, if the CrimeFighter uses unnecessary force on
anyone or subjects them to verbal abuse, and the arrest is later considered
unlawful a CrimeFighter can expect a lawsuit.
(6) If the suspect resists arrest, he or she is criminally liable for the
result of the resistance. That is, if the resistance involves force, the
suspect is liable for assault and battery charges. If the suspect, or
anyone helping the suspect in resisting, kills the officer or CrimeFighter
making the arrest, the charge will be murder.
(7) If a person unlawfully flees from custody after having been legally
arrested, he or she is guilty of a misdemeanor known as "escape." If the
suspect breaks from or forcibly escapes from the place of imprisonment, he
or she is guilty of "prison breach," which is either a misdemeanor or a
felony, depending on the circumstances.
(8) Third parties: If third persons interfere and try to prevent an arrest,
such interference is considered a misdemeanor or a felony. If they use
force, they are also guilty of assault and battery. If any deadly force
used results in the killing of the officer or CrimeFighter trying to make
the arrest, they are guilty of murder. If they help the escape of the
person after the arrest has been made, they are guilty of "rescue," which
can be either a misdemeanor or a felony.
(9) An illegal arrest, without legal authority, warrant, or probable cause
may result in charges of false arrest and false imprisonment. If unnecess-
ary force was used, the arrest may lead to charges of assault and battery.
(10) A false arrest may be lawfully resisted by anyone using any necessary
force required to obtain freedom from restraint. This resistance does not
include the use of deadly force which could kill or cause serious harm.
(11) If the person resisting an unlawful arrest kills the person trying to
make the illegal arrest, the fact that the arrest was illegal is a
mitigating factor which may downgrade homicide charges to manslaughter.
(12) Within certain limits, other people, especially relatives, may legally
interfere to prevent an unlawful arrest.
F9 for next Chapter
High Speed Pursuit - UNlike Smokey and the Bandit
Making cops and robbers movies requires a lot of tire screeching, vehicles
blown up as if fire-bombed, their use as battering rams, and the inevitable
shooting from moving vehicles.
All of the foregoing are forbidden to police departments. CrimeFighters
please take note.
Hot pursuits are not taken lightly or for trivial reasons. They are at the
least officially discouraged for all minor offenses, or when it's too
dangerous to innocent pedestrians, motorists, public property, police
officers, and their patrol cars.
More than 300 deaths and 20,000 injuries occur each year as a result of
high-speed police chases -- and about 25% of those involved in the chases
are innocent motorists and pedestrians. Police are injured in about 2% of
such traffic accidents, while the person being pursued is the victim 75% of
the time. Yet police initiate two-thirds of all high-speed chases for
simple traffic violations. (From a study by the Automobile Association of
America Foundation for Traffic Safety, 1730 M Street NW, Washington, DC.
A citizen is not empowered to make high-speed chases. If a citizen
initiated a chase, in addition to motor vehicle violations, the person
could be charged with criminal negligence for ignoring the safety of
innocent parties. And, if anyone is injured or any property is damaged,
negligent CrimeFighters will be required to pay all the costs. If you
violate traffic laws, no insurance company will pay the damages or lawsuit
awards. You're on your own. It could cost you far more than the reward you
hope to collect. Last but not least, if innocent parties are injured, you
can expect million-dollar lawsuits.
Fresh, or Hot Pursuit
Fresh pursuit" and "hot pursuit" are used interchangeably in most
jurisdictions. Fresh pursuit might be defined as normal pursuit immediately
after a criminal act was witnessed, but not necessarily at high speed. Hot
pursuit usually indicates a high-speed pursuit, when lawbreakers attempt to
avoid capture. Fresh pursuit (at legal speed limits, and obeying traffic
lights and stop signs) is authorized for a citizen to make an arrest, such
as immediately following the lawbreaker after a felony has been made in the
citizen's presence or view.
If a lawbreaker notices you following and takes off at high speed or runs
red lights and stop signs, you are not allowed to also break the law, and
endanger innocent parties, to enforce the law. If you have a CB tuned to
police frequency, call it in. Give the description of the vehicle, license
number, and a brief description of the crime just witnessed. If you have a
cellular phone, call 911 to report it. If you have a camcorder, get all the
action and the vehicle license number on tape.
According to case law, when the citizen or officer loses sight of the
lawbreaker for more than a few minutes, other than temporarily losing sight
of the suspect when turning corners or driving on adjacent streets, or
other maneuvers, it is no longer fresh pursuit. Stopping to make a phone
call, or otherwise diverting attention from the chase even for just a few
minutes, technically cancels the concept of fresh pursuit.
"Smokey and the Bandit" was a highly entertaining movie, but Jackie
Gleason's claim to be in hot pursuit ignored the rule of fresh pursuit (as
they almost always do to make movies). Don't use movies as training films.
Interrupted Hot Pursuit
A hot pursuit in vehicles at a later time (after a few minutes when the
lawbreaker has left the scene and is completely lost from view) is usually
not authorized or condoned by police or the courts. That's because of the
inherent danger to the public or innocent parties when it would most likely
be unsuccessful anyway. The definition of a "few minutes" could be
considered as "long enough to make a successful chase an improbability."
Most Police Departments are officially discouraging high-speed chases,
because of the high risk to police and to innocent parties. Police cars
must turn on their siren and flashing lights to run stop signs or red
lights when they're in hot pursuit. Their flashing lights and sirens warn
traffic to pull over and get out of the way. Your vehicle doesn't have (and
shouldn't have) flashing lights and a siren. A hot pursuit in an unmarked
car will more likely be broadsided by another vehicle. People can be hurt
and killed.
Flashing Lights and Sirens
Because of the many fatalities and property damage that have resulted from
high-speed chases, many States now restrict police pursuit vehicles to
those that have flashing lights mounted on a bar on top of the vehicle and
the vehicle equipped with sirens or special horns. In addition, chase
vehicles must be clearly marked by special colors to easily identify them
as police vehicles. Another good reason for a clearly marked police car is
that a suspect fleeing from the scene of a crime will not be able to say
that he or she didn't know the chase vehicle was a police car.
Flashing lights and sirens identify police vehicles. It is illegal for
private citizens to have simulated police horns, or cars painted with
colors similar to those used by official police vehicles. A high-speed
chase without these special features is prohibited (even by police in some
jurisdictions) and having them on a private vehicle is strictly prohibited.
CrimeFighters should use the following police regulations as a common sense
guide when following a suspect's vehicle. Remember, only properly marked
police cars are permitted to drive over the speed limit, run red lights and
stop signs, or drive on the wrong side of the road. Citizens should never
try any of the above.
Chief John Pape, of the Weslaco, Texas, Police Department has kindly
provided a copy of Weslaco's police regulations concerning high speed
chases by police vehicles. It's included as general information and
guidelines. Where you see the word police officer, substitute the word
CrimeFighter. You'll be surprised at the difference between TV shows and
official police policy.
Weslaco Police Department
Emergency Driving
Section 1: Definitions
1.01 OVERTAKE - Pursuit of a motorist, who does not yet realize he is being
pursued, in order to:
(a) Position the Police vehicle so that the audible and/or visual signals
can effectively be communicated to the motorist; and/or
(b) Position the Police vehicle so that the officer may more effectively
observe the motorist, his vehicle, his passengers and/or his load.
1.02 EVADER - A driver who continues to drive his vehicle and fails to pull
to the right and stop when he knows or should know of the audible and/or
visual signals to do so directed at him by an officer, but who does not
attempt to escape by driving recklessly and/or at an excessive speed.
1.03 HIGH SPEED PURSUIT (VEHICLE HOT PURSUIT) - Police vehicular pursuit of
another vehicle at speeds which exceeds the legal speed for non-emergency
vehicles.
1.04 RECKLESS EVADER - A driver who, in order to escape or avoid
apprehension by a police officer, drives his vehicle recklessly and/or at
speeds which are so extreme under the condition prevailing that his
involvement in a collision is probable should he continue.
1.05 ROADBLOCK - Any method, restriction, or obstruction used to prevent
free passage of motor vehicles on a highway, in order to effect the
apprehension of an actual or suspected violator in a motor vehicle.
1.06 PRIMARY PURSUING UNIT - The Police unit which initiates pursuit or any
unit which assumes control of the pursuit.
1.07 PROBABLE CAUSE - The total set of apparent facts and circumstances
based on reasonably trustworthy information which would warrant a prudent
person (in the position of and with the knowledge of the particular peace
officer) to believe something, for example, that a particular person has
committed some offense against the law.
Section 2: General provisions
2.01 - An officer may be held liable for the consequences of his reckless
disregard for the safety of others, An officer's duty to avoid damage or
injury to third parties takes precedence over pursuit or emergency
response. No officer shall engage in negligent or reckless actions, even in
pursuit of actual or suspected violators or in response to emergencies,
which may damage property or injure innocent persons.
2.01 - Officers shall balance the need for pursuit and apprehension against
the probability and severity of damage or injury. The officer shall
consider the seriousness of the offense which the evader or reckless evader
committed.
Section 3: Warning Equipment and Traffic Regulation
3.01 - An officer operating a police vehicle shall not disregard stop signs
or signals, exceed maximum speed limits, or disregard regulations governing
the specified direction of traffic or turning, unless he continuously
sounds a siren (and continuously display an emergency light system if his
vehicle has such equipment) as a warning to others.
3.02 - An officer must drive with due regard for the safety of all persons
and shall never operate any vehicle in reckless disregard for the safety of
life and property.
3.03 - An officer engaged in overtaking shall not exceed the apparent or
maximum speed limit by more than 20 miles per hour (MPH) unless such a rate
would unreasonably extend the pursuit which makes a higher speed necessary.
3.04 - An officer engaged in responding to a call for emergency service may
not exceed the speed limit by more than 20 MPH, unless a life-threatening
situation exists and traffic conditions permit a higher speed without
causing an unreasonable risk.
Section 4: High Speed Pursuit Policy
4.01 - An officer shall not engage in high-speed pursuit whenever it
reasonably appears that the potential harm to person or property arising
from such pursuit overweighs the potential harm threatened by the escaping
offender. In the absence of an overweighing danger to person or property, a
peace officer shall not engage in high-speed pursuit whenever it reasonably
appears the apprehension of the escaping offender by another means is
likely. In determining whether to engage in pursuit, an officer should
consider all relevant factors including:
(a) the nature of the offense committed by the offender;
(b) the method of the offender's escape;
(c) the extent to which the offender may be identified;
(d) knowledge of the offender's possible destination or direction of
movement;
(e) the present ability of other officers to apprehend the offender;
(f) knowledge of previous activities of the offender;
(g) the likelihood that the offender may use weapons or forcibly resist
apprehension;
(h) the potential for physical harm to person or property resulting from
high-speed pursuit of the offender;
(i) the condition of the officer's vehicle; road and weather conditions.
4.02 - An officer shall not engage in high-speed pursuit to arrest someone
for any misdemeanor except:
(a) a breach of peace which just occurred in the presence of the officers
and will likely re-occur; or
(b) a violation of state highway and vehicle laws.
4.03 - An officer engaged in high-speed pursuit need not maintain a
constant view of the escaping offender, but the pursuit must be constant
and continuous and without unreasonable and extraneous delays. If the
officer engages in activities unrelated to the pursuit, which remove him
from the pursuit, the officer may not renew the pursuit.
4.04 - An officer shall notify dispatch upon engaging in any high-speed
pursuit. Dispatch will immediately notify the shift supervisor.
4.05 - When an officer engaged in a high-speed pursuit finds that the
offender will flee beyond the boundary of the officer's local jurisdiction
or onto a government reservation, the officer shall notify dispatch and
request dispatch to notify officers of the jurisdiction into which the
pursuit will lead. Dispatch will immediately make such notifications and
will also immediately notify the shift supervisor.
4.06 - A peace officer in high-speed pursuit may never enter the Republic
of Mexico, and any such high-speed pursuit must cease at the International
border.
Section 5: High-Speed Pursuit Procedure
5.01 - When not coordinated by dispatch or a supervisor, the officer in the
primary pursuing unit of the high-speed pursuit shall direct the pursuit of
both his unit and others.
5.02 - The officer in the primary pursuing unit of a high-speed pursuit may
request all units and the base station to observe radio silence whenever
necessary to the proper conduct of the pursuit. The base station will
immediately repeat that request to all units on the frequency used by the
primary pursuing unit. Thereafter, until termination of the pursuit, only
message involving that pursuit or emergency radio traffic shall be
transmitted.
5.03 - Only the primary pursuing unit and one back-up unit shall engage in
high-speed pursuit, unless a supervisor or communications authorizes
additional units to engage in the pursuit. Such authorization shall be
given only when articulable circumstances require the additional
assistance.
5.04 - Intercepting units shall never intersect the path of an oncoming
high-speed vehicle. No assisting unit shall move toward the route of a
high-speed pursuit without notifying the pursuing officer, supervisor, or
communications of that moment.
5.05 - At no time will a police motorcycle engage in a high-speed pursuit.
5.06 - Any time an officer is ordered to discontinue a pursuit by a
supervisor, the officer will comply with that order immediately.
5.07 - The use of a police vehicle as a blockade or roadblock is strictly
prohibited.
5.08 - The use of a police vehicle to ram the fleeing vehicle, or to force
the fleeing vehicle off the roadway and/or into another object is
prohibited.
5.09 - Officers shall not fire their weapons at a fleeing vehicle unless
the use of deadly force would be authorized by law, and there is a minimum
chance of hitting other motorists, structures, homes or persons. Weapons
shall never be fired from moving vehicles.
5.10 - If a high-speed pursuit continues out of the city limits, the
pursuing officer shall obtain authorization from the shift supervisor to
continue the pursuit. If the shift supervisor is not immediately available
to grant such authorization, it shall be up to the discretion of the
primary pursuing officer to decide if the pursuit will be continued.
5.11 - Officers involved in a high-speed pursuit are to maintain a safe
following distance from the pursued vehicle to allow for sudden stops and
changes in direction.
5.12 - A safe and reasonable speed shall be maintained at all times.
"Reasonable" is based on road condition, traffic congestion, population
condition, visibility, and special areas such as school zones and high
pedestrian areas.
5.13 - An officer will discontinue a high-speed pursuit when:
(a) when the officer has lost visual contact with the violator;
(b) when ordered to discontinue by a supervisor;
(c) when unfavorable conditions exist due to congestion, unfavorable
weather, road conditions, or other factors which cause the risk factor of
continuing the pursuit outweighs the need to apprehend the violator;
(d) when the officer has lost his or her sense of direction and/or
location;
(e) when the pursuing officer's ability to communicate via police radio is
lost;
(f) when the suspect's identity has been established to the point that
later apprehension can be accomplished, and there is no logical need for
immediate apprehension;
(g) when requested to do so by another agency with jurisdiction to stop the
pursuit.
Section 6: Emergency Call Response
6.01 - An officer shall use emergency warning equipment in responding to
calls for service only when specifically authorized to do so by the officer
or dispatcher assigning him to the call.
6.02 - Any officer acting as a radio dispatcher or in any other way
assigning a police officer in a vehicle to respond to a call for service
shall, in addition to providing all other pertinent information, designate
the response code which the assigned officer must use.
6.03 - Responses shall be designated as follows:
(a) Non-emergency calls - Officers must respond to the call without using
emergency equipment or procedures;
(b) Emergency calls - Officers must respond to the call immediately by
proceeding directly to the call location as quickly as reasonably possible
while utilizing emergency warning equipment and obeying traffic regulations.
6.04 - Emergency call may only be designated, but are not required, for the
following categories:
(a) officer in trouble;
(b) felony in progress;
(c) assault, involving weapon, in progress;
(d) accident, fire, or other calls which may jeopardize human life; and
(e) others as the supervisor or dispatch may provide.
6.05 - A field supervisory officer may override the provisions of this
section and order an officer to use a different response call designation
than here indicated, if he deems it necessary under the circumstances.
6.06 - A responding officer who changes the response call designation shall
immediately notify the radio dispatcher or field supervisory officer. The
responding officer shall state his reasons for changing the response
designation."
* * * * * *
Many police officers, in the heat of battle, so to speak, often forget or
ignore the above police regulations - with tragic results described by the
above Automobile Association report. Police may get reprimands from their
superiors for "breaking the rules." When citizens ignore safety and common
sense, they won't get off so easy.
The person being pursued might speed up and create a dangerous situation
for innocent parties as well as yourself and the suspect. And, if the
suspect is armed and dangerous, shots may be fired at you. If the bullets
don't hit you, they might hit someone else. If any of the foregoing could
have been avoided, but safety conditions were ignored, you can expect to be
charged with various traffic offenses, possibly criminal charges, as well
as many lawsuits for negligent behavior. It's not worth it. Don't do it.
When and if your surveillance pursuit turns into a high speed pursuit,
abort the chase. Call the police via CB and/or cellular phone. Give them
the vehicle description and other information they can use to intercept the
vehicle or continue covert surveillance. Let them make the arrest when
the suspect arrives at his destination or when it's safe to do so.
F9 for next Chapter
Rules of Evidence,
Entrapment, and other Technicalities
CrimeFighters shouldn't consider the following information all the legal
reference there is available. When you're working on a criminal case,
especially during the final stages, you should also be working with an FBI
case agent or the police. At that time, the prosecutor (or your lawyer if
you assume the role of the prosecutor) and others will advise and teach you
the rules of evidence in a court of law. In the meantime, here's a few
things to keep in mind.
Kinds of Evidence
Direct evidence. This is solid proof that is indisputable and stands alone
without the need for further evidence. A videotape recording is both direct
and real evidence. It carries more weight than the testimony of a witness -
- especially if the witness is a CrimeFighter asking for a reward based on
the conviction of the suspect!
Direct evidence examples: The sworn testimony of a witness to a crime;
drugs sold to undercover agents in a sting operation; or a letter or
written contract with signatures; a videotape recording of a crime in
progress that clearly identifies the violators; a videotape showing a
license plate of the vehicle leaving the scene of the crime at the time the
crime was committed; a legally obtained wiretap recording. All of the above
evidence links the suspect directly to the crime.
Real evidence is tangible, physical evidence, as opposed to verbal, where
something is described. Real evidence can be looked at, handled, or both.
It is often shown in court, when practical, as exhibits. Videotape record-
ings of crimes in progress are both direct and real evidence.
Circumstantial evidence, or indirect evidence, is an accumulation of facts
and presumptions based on known facts that allow us to draw a conclusion or
inference concerning a crime. Example: An ex-con, convicted of armed robb-
ery, out on parole, is found in the vicinity of a robbery just committed by
a masked, armed robber. The suspect has weapons described in the robbery in
his possession. These facts are sufficient to justify suspicion of robbery,
but is not conclusive evidence that the suspect committed the robbery.
However, if the suspect also has in his possession some of the loot (watch,
rings, etc.) taken from the victim, then the circumstantial evidence is
supported by real evidence and is usually sufficient for a conviction.
Inculpatory (damning) evidence, is similar to circumstantial evidence. It's
sufficient to make a presumption of guilt, but without supporting evidence
is insufficient by itself if it can't be proved. The robber mentioned
above, with weapons in possession, provides inculpatory evidence, but
without direct evidence to link the person to the crime, the person remains
only a suspect of the robbery.
Hearsay evidence is not obtained from the personal knowledge of the witness
but consists of information that was given by another person. The person
giving hearsay evidence as testimony in court can't swear to the accuracy
of the information passed on. The unreliable nature of this kind of
evidence shows its weakness.
In all criminal prosecutions, the Sixth Amendment of the U.S. Constitution
provides protection against rumors or hearsay by including the words "to be
confronted with the witness against him." This statement provides the
accused with the right to cross-examine the witness. If the witness is not
available, can't give testimony and be cross-examined, the hearsay evidence
can't be used.
Hearsay evidence is seldom heard or accepted by the court -- except in
unusual circumstances. In civil suits, the sixth amendment doesn't apply.
"Qualified" hearsay evidence is sometimes heard and may be included as part
of the preponderence of evidence.
Civil Suits vs Criminal Suits
Preponderence of evidence means all the evidence weighed for conviction
against that offered by the defendant for acquittal, and which is is more
convincing in the minds of the jury.
In criminal cases, "guilt" must be established in the minds of a jury,
based on the evidence presented to them beyond a reasonable doubt and moral
certainty, and the jury must be unanimous in its decision.
In civil suits, a preponderence of evidence against the defendant usually
results in a conviction (or, more correctly in civil suits, a "verdict of
liability"). Only a majority (usually two-thirds) of the jurists need to
agree on the verdict. Generally speaking, in civil cases, the lawyer who
presents the best argument ("preponderence of evidence") which outweighs
the defense lawyer's argument, usually wins the case.
In criminal courts the burden of proving guilt beyond a reasonable doubt
rests with the prosecutor. However, in civil suits, the situation is
reversed. Defendants have the burden of proving themselves innocent of the
accusations. When there is a sufficient amount of circumstantial evidence,
proving themselves innocent may be difficult to do. Only a majority of the
jurists, not all of them, need to be convinced of the defendant's guilt.
Civil actions may be best when real and/or direct evidence isn't available
or sufficient to ensure a criminal conviction, or when politics and special
interests may influence the jury! For example:
If the accused is a corporation and is the main source of employment in
that area, one or more jurists may be influenced more by lost jobs or
political favors than the need to close down an industrial polluter. One
"undecided" or dissenting vote will result in a hung jury. Most prosecutors
are politically ambitious and expect to receive large corporate donations
for political campaigns from big companies - who expect favors in return.
As a result, many D.A.'s are bribed (by political donations) and influenced
to allow plea bargaining to lesser offenses or dismiss the case for lack of
evidence. Or, the D.A. may have too many cases to handle and is likely to
give the case minimal effort. In these situations, a Qui Tam RICO civil
suit by a Crimefighter, with experienced lawyers who are paid on a no-win,
no-pay, contingency basis, would obtain more satisfactory results.
* * * * * *
Expert evidence is testimony given in relation to some scientific,
technical, or professional matter by experts in their respective fields who
are qualified by reason of their special training, skill, or experience.
Independent water testing laboratories, for example, are considered as
"expert witnesses" to support claims of water pollution from certified
samples sent to them for analysis.
The EPA will also conduct water pollution tests. However, many books on
pollution of the environment ("Laying Waste", "The Toxic Cloud," plus
others) accuse the EPA of being lax in their past enforcement of pollution
laws, mainly because of built-in bureaucracy, politics, and budget cuts.
It may be better to use independent commercial laboratories because they
provide fast turnaround, unbiased results, and tighter security to avoid
"lost" samples.
To fully control a water-pollution case, use independent laboratories, hire
a lawyer on a contingency basis, and use Qui Tam law to prosecute cases.
In civil suits, the courts usually award the plaintiff the legal costs of
prosecution when that party is successful in winning the case. That means
the defendant must pay your lawyer's fees, laboratory tests, and costs of
your investigation.
* * * * * *
State's evidence, which is testimony given by an accomplice or participant
in the commission of a crime, tends to incriminate or convict the
defendant. It's usually given under actual or implied promise of immunity
from prosecution. (In the vernacular of criminals -- "The first to talk,
the first to walk.")
Impeachment of witnesses is a strategy that both prosecutors and defense
attorneys use to discredit witnesses. A witness may feel like the person
being tried when subjected to cross-examination to discredit his or her
testimony. CrimeFighters should keep in mind this is a standard legal
tactic and means nothing personally. If the only evidence is the verbal
testimony of a witness, the usual legal strategy of lawyers is to discredit
(and impeach) a witness if they can.
While jurists are not supposed to take into consideration the witness may
be paid a reward, the defense lawyer will be sure to make it known
(directly or indirectly) and may try to dismiss your verbal testimony on
the grounds that you "make a profit" if you obtain a conviction. The
implication is that your motive is "questionable" and your testimony should
be discounted accordingly. If the CrimeFighter has a criminal record, it
too, would be brought to light and the defense attorney will imply the
testimony is further questionable to the maximum degree. But, it doesn't
mean the jury will dismiss the CrimeFighter's testimony. Most jurists are
well aware of that defense strategy and will usually ignore it when there
are other things to be considered. The D.A., or your lawyer, will provide
extensive coaching on how to handle defense lawyers' tactics.
Lack of Evidence
A witness who gives verbal testimony that isn't supported by any other
evidence will find his or her testimony offset by the accused's assertion
of innocence. Since it's one man's word against another, it will result in
a draw, with the case being dismissed for lack of evidence. In addition to
verbal testimony, you need direct, real or circumstantial evidence and/or
additional witnesses. A good videotape of the crime or audio recording is
usually sufficient to prove your accusations. The D.A. or your own lawyer
will advise you when you have insufficient evidence to obtain a conviction.
* * * * * *
Entrapment
Entrapment happens when law enforcement agents (or a CrimeFighter) coax
someone into committing a criminal act which the person, without the
prompting and coaxing, would not normally consider. Leading a person to
commit a criminal act and then making an arrest is not legally or morally
right. In entrapment the person doing the coaxing and manipulating of the
accused is guilty of instigating a criminal act that would not otherwise
have taken place. Instead of discouraging or preventing crime, the act of
entrapment makes it happen.
In a lecture given at the Mississippi Law Enforcement Officers' Training
Academy, in Jackson, Mississippi, the following definition of entrapment
was provided.
"When used in its original sense of merely trapping the criminal, the fact
of entrapment is obviously not a defense. Thus a defendant cannot raise a
defense that money was marked by means of which he was detected; that
marked goods were exposed to a suspected thief; that a door was purposely
left open for him; or that an opportunity was intentionally given him to
commit the crime. Similarly, it is no defense that the victim, on learning
of the proposed crime, does nothing to stop its commission but allows the
defendant to begin the commission of the crime so that he may be apprehend-
ed in the act.
When the doing of a particular act is a crime regardless of the consent of
anyone, and the criminal intent originates in the mind of the accused, that
fact that an opportunity is furnished, or that the accused is aided in the
commission of the crime in order to secure the necessary evidence to
prosecute him therefore, constitutes no defense.
The purpose of a law enforcement officer is not to solicit the commission
of, nor to create, an offense, but to ascertain if the accused in engaged
in an unlawful business, or to entrap the defendant in the act of
committing an offense which he has reasonable grounds to believe the
accused has commenced, or is about to commence.
In the case of those crimes into which enters as an essential element the
violation of civil rights of persons, such as the offense of Larceny,
Burglary, and Robbery, the situation is different. Here, it will be seen,
the entrapment must not be under such circumstances as would amount to the
consent of the person affected, or a necessary ingredient of guilt, the
want of such consent, will be lacking, and the crime will not have been
committed. The line of distinction seems to be whether there has been an
active, as distinguished from passive, inducement to the taking on the part
of the persons affected or his duly authorized agents; and where such
active inducement can be shown, no conviction can be had.
Where the owner, in person or by his duly authorized agent, suggests to
the accused the criminal design, and actively urges, cooperates with, and
assists the accused in the taking of the goods, such conduct amounts to a
consent of the taking, and the criminal quality of the act is wanting.
Consent to the crime is not shown, however, by proof that the owner or
victim remained passive and made no effort to prevent the commission of the
crime, such as Larceny, Burglary, or Robbery. It is likewise no defense
that the agent of the owner or victim or law enforcement officer pretended
to cooperate with the defendant. The fact that the defendant was led to
commit the crime by his friends or confederate does not, under any
circumstances, constitute entrapment." Unquote.
Sting operations are based on legal entrapment. For example, suppose and
officer or CrimeFighter knows that a person regularly commits certain drug
law violations, and a CrimeFighter poses as a customer to make an offer to
purchase a supply of narcotics to obtain evidence. The intent to commit a
criminal act was already in the mind of the accused and is part of his
normal business activity. In this instance, entrapment is not a defense.
Neither is entrapment a defense when a suspected or known prostitute is
seen on street corners and an undercover agent solicits services. The offer
to use the services described by the hooker isn't planted in the
prostitute's mind by the agent. When she (or he) names the services and
prices and takes money for payment, it is admissible as evidence of
prostitution.
Entrapment usually occurs when the defendant isn't the instigator of the
criminal act and would not normally have done such a thing on his or her
own. If the defendant was coaxed or coerced into the crime or criminal
activity by the officer or CrimeFighter simply to make an arrest, that
would be entrapment.
The Latest Word on Entrapment From the Supreme Court
An excerpt from the Las Vegas Review Journal, April 7, 1992:
By David G. Savage, L.A. Times.
Postal Inspectors Erred, Justices Rule, By Enticing a Nebraska Farmer To
Buy Banned Child Pornography
WASHINGTON -- In a surprise ruling that limits government "sting opera-
tions," the Supreme Court said Monday that investigators may not seek to
trap an "unwary innocent" unless they first have clear evidence that the
person is likely to commit a crime.
The 5-4 decision overturns the conviction of a Nebraska farmer who ordered
illegal child pornography through the mails, but only after U.S. postal
service inspectors sent him at least 10 solicitations over 26 months.
In their zeal to enforce the law, government agents may not originate a
criminal design, implant in an innocent person's mind the disposition to
commit a criminal act, and then induce commission of the crime so that the
government may prosecute," wrote Justice Byron R. White for the court.
The prosecution must prove beyond reasonable doubt that the defendant was
disposed to commit the criminal act prior to first being approached by
government agents," he added.
The message here is that the government's job is to catch criminals, not
turn law-abiding citizens into criminals," said Steven R. Shapiro, an
American Civil Liberties Union lawyer. "It is not a new message, but one
that the court has to repeat every so often."
While many defendants claim they were entrapped, few succeed. To prevail,
the defendant must show both that the government "induced" his criminal act
and that he was not "predisposed" to commit such a crime.
If a man solicits sex from a policewoman posing as a street walker, he
cannot claim entrapment. His request "amply demonstrates (his)
disposition," the court said. Similarly, government agents may take
elaborate steps to trap a person who, based on other evidence, is quite
likely to commit a further crime.
But in this case (Jacobson vs U.S., 90-1124), the court was confronted with
a law-abiding citizen who broke the law only after being encouraged
repeatedly to do so by postal inspectors.
The government may not play on the weaknesses of an innocent party and
beguile him into committing crimes which he would not otherwise have
attempted," White said." Unquote.
The essence of the entrapment ruling is that police may not originate and
plan a criminal activity, then implant in an innocent person's mind the
disposition, by persuasion, to commit a criminal act, and then aggressively
encourage commission of the crime so the law may prosecute.
In court, the prosecution must prove beyond reasonable doubt that: (a)
defendant was actually looking for such a criminal opportunity; (b)
defendant was more than willing (eager) to do such a criminal act; and (c)
defendant was mentally prepared and predisposed to commit the criminal act
BEFORE being contacted by an undercover agent.
When working undercover, CrimeFighters should wear a "wire" or otherwise
make tape recordings of conversations that prove (a) (b) and (c) for
successful prosecution. Always work with law enforcement agents before
undertaking a sting operation on your own. If you don't, you might get
caught in a sting operation yourself and it would be difficult to explain
in court. If you work with law enforcement officials, make sure you have an
agreement in writing as to exactly what your role is, and what you need to
do to qualify for the reward and expenses promised.
Recommended Reading (in CRIMCAT)
"Legal Handbook for Special Agents," a book used by the FBI to advise
their agents what they can do without crossing the line of legality. The
book explains probable cause, warrants, arrests, confessions, and
interrogations, civil and criminal liability, search and seizure,
diplomatic immunity, and eyewitness identification.
D.E.A. Narcotics Investigator's Manual," an exact reprint of the same
manual used by the Drug Enforcement Administration to train its narcotics
investigators. This one covers all aspects and every angle involved with
drug law enforcement. It covers interviews and interrogations, case
preparation, testifying in court, informants, surveillance operations,
undercover operations, entrapment, penetration of drug rings, search
operations, raids, clandestine laboratories, raid and surveillance
equipment, and a lot more. The section of use of informants and preparation
for court testimony are especially enlightening. ($50, but worth it.)
F9 for next Chapter
Where to Obtain the Training to be a CrimeFighter
If you're not an ex-cop, you might consider being a police officer for a
year or two, to get the training and experience.
Metropolitan Police Departments often are looking for police officers.
Eligibility requirements usually require: 21+ years of age; High School
diploma or GED; no felony convictions; U.S. Citizen; visual acuity no worse
than 20/200 correctable to 20/20 with glasses.
Highway Patrols have similar but tougher physical requirements. The FBI has
the most stringent educational, and physical fitness requirements. Ask
them for details if you are interested.
Details on the Las Vegas Metropolitan Police Academy training were not
available, but it is probably similar to that at the Nevada Highway Patrol,
which lasts 22 weeks. Besides a base pay of $411.42 per week, students
receive free room and board. But, in some states, eligibility for academy
training is 12 month's service - to protect their financial investment.
Police academies resemble military Boot Camps for basic training. They have
vigorous physical training and strong emphasis on armed and unarmed self-
defense and all phases of law enforcement. If you attend a police academy,
the training you receive will be of considerable benefit to you the rest of
your life, whether you decide to become a full-time career police officer
or not. If you're "between jobs" and eligible, check it out.
If you want to preview police academy life, read the ($5) pocketbook "The
Making of a Cop", by Harvey Rachlin, published by Pocketbooks (1991).
Besides finding out about the academy, you'll also see the unpleasant
aspects of police work, including baby-sitting rotting corpses. (The book
is listed in CRIMCAT.)
Police academy training, while considered essential for police officers,
may be less important for CrimeFighters. In "The Making of a Cop," the
author tells how a rookie feels when he goes through the N.Y. Police
Academy, what it's like, and what happens after the academy. In
particular, he mentions the following:
"It seems to be a normal evolutionary process for academy graduates in
their first year out on the streets to tell themselves, after witnessing
the depraved conditions and being in constant contact with the worst in
society, "We can just forget all that bullshit we learned at the academy."
This is somewhat demoralizing when they think back at how earnestly they
applied themselves, only to find out that that's not what real life as a
cop is about. Yet they would do better to consider the academy, in Captain
DeRienzo's words, as "the beginning of training, not the end." The course
work may be idealistic in today's world, but it does establish a critically
important perspective: the need to treat others as human beings -
respectable, decent and innocent until proven guilty. Anything less would
risk turning the law enforcement system into a farce and the society it
protects into a police state." Unquote.
If you don't have the time or opportunity to attend Police Academies, but
have either military training and/or street experience, you may be just as
qualified to be a CrimeFighter. The rest of the training you can learn from
videotapes and books on law enforcement subjects listed in CRIMCAT, and by
taking a few courses at various schools that are listed below.
Security Guards and CrimeFighters
Many states have or are considering regulation, training and licensing of
private police. Private security firms, and security guards themselves, are
becoming more aware of their own lawsuit liability from overzealous and
untrained personnel. In the near future, licensing, regulation and training
will be required in all states. Some private security firms already have
training programs. Look for them. Check them out first before you sign up.
If training is available, you may get paid to attend classes as well as
receive valuable basic training in all aspects of making citizen arrests.
A training manual for security guards, "Private Security and the Law,"
written by Charles P. Nemeth, is also a training manual for CrimeFighters.
As the book explains, a security guard has no more police authority than a
civilian. Accordingly, everything in the book also applies 100 percent to
CrimeFighters. The book includes (among other subjects) the law of arrest,
search, and seizure and their applications in the private sector; civil and
criminal liability of security personnel; the enforcement of laws and
interpretation of evidence; and public and private law enforcement. It also
includes dozens of examples and case histories explaining various scenarios
and court decisions. As a recent publication (1989), it's tailor-made for
CrimeFighters. CrimeFighters need to know all they can learn about citizens
arrests and the inherent problems they may face.
If you'd like to try the job, before you plunge into full-time police work
(as a cop or CrimeFighter) try working as a security guard for Pinkertons,
Brinks, Wells-Fargo, or other well-known company. The pay will be minimal,
but you will receive some training and get to know other security guards,
cops and ex-cops, and if you're lucky, have the opportunity to make a few
citizen arrests.
If you make an arrest for a felony while on duty as a security guard, you
may not earn a big reward, but you will be eligible to apply under 3059. If
you think the reward may not be as much as you think it's worth and fines
and forfeitures are involved, you might consider prosecuting the case under
Qui Tam law. Remember, security guards are eligible for rewards, Qui Tam,
and can use RICO as well as CrimeFighters' personal lawsuits.
CrimeFighter Seminars
CrimeFighter lodges will, as part of their educational, fraternal and
social activities, present low-cost, local CrimeFighter Seminars every
month. The purpose of Crimefighter Seminars is to educate the public,
recruit members, and promote the name and concept of CrimeFighters. Look
for the local advertising of them in your area.
CrimeFighter lodges will host the seminars and invite qualified people,
such as various law enforcement agents and criminal defense lawyers to be
guest speakers on various law enforcement related subjects. Seminar topics
and guest speakers will vary from month-to-month to avoid repetition.
CrimeFighter seminars will provide question and answer sessions that will
supplement material in this book and others. Seminars will be presented as
a public service. They will be held at local libraries or high schools
where suitable rooms are available for about $10 per night cleaning charge.
A small charge of $10 may be charged to defray the cost of the room rent as
well as paying for printing of handout material.
Not everybody will want to be full-time, active CrimeFighters. The majority
of people attending these seminars will acquire the motivation to look
and dig for information and pass it on to CrimeFighters or police. They'll
be instructed to leave dangerous work to experienced professionals.
Special Schools
Rocky Mountain Combat Applications Group, 2888 Bluff St., # 118, Boulder,
Colorado 80301. This is a five day training course in street fighting,
conducted by Peyton Quinn, author of Bouncer's Guide to Barroom Brawling.
If you read CRIMCAT you'll see a few of his books and videos listed there.
Incidentally, if you'd like a preview of this course, it's on video. Send
$15 for the video, and if you attend the course, it's refundable.
The emphasis is on street fighting, low blows and all the dirty sneaky
tricks that aren't usually taught in any school -- until now!
From a recent brochure: "This is you opportunity for 5 days of instruction
in 'Real World' self defense by the instructors of BLACK MEDICINE, the
video and the author of A BOUNCERS GUIDE TO BARROOM BRAWLING. If you apply
yourself at this 5 day training camp you will definitely leave with a
significantly improved ability to defend yourself in a 'real world'
assault... and a lot more. This is primarily because your instructors at
the camp have such "real world" experience. Each has worked as a "bouncer"
or "cooler" and in other security related fields and this experience has
provided them with a very unique opportunity to study the reality of how
"sucker punchers", "knifers', and assorted types of "ambushers" actually
operate.
The program of instruction at this camp has been developed based on that
collective knowledge of real fights: How they start, how they can be
avoided, and how you can finish them when demanded. There is much more to
self defense than is ever discussed in most martial arts Dojos.
Testimonial from Al Tino, 2nd degree black belt. "I'm always in a constant
search for what's going to really work in an emergency situation... I've
learned an awful lot at the camp. I think I'm much better prepared for a
real world encounter now."
The brochure didn't list the cost of the 5 day course, but the 3 day course
mentioned in Peyton's letter was $325 per person. Assume the 5 day course
is around $500. Write for their current brochure, schedule and prices.
* * * * * *
The G. Gordon Liddy Institute, which operates in Miami, Florida, uses as a
mailing address P.O. Box 7570, Van Nuys, CA91409 (818) 989-1000 Fax (818)
989-1508. This school is headed by a former FBI Agent and a Staff Assistant
to the President of the United States. The school instructors are known to
be leading experts in their respective fields, such as firearms, tactical
defense training, and bail bond recovery. Five courses require a stay in
Miami at your own expense: (a) Executive Protection (3 days, $825); (b)
Bail Enforcement (2 days, $550) taught by Bob Burton, President of NABEA.;
(c) Surveillance Techniques (2 days, $550); (d) Electronic Counter-measures
(2 days, $490); and (e) Defensive Weapons Tactics and Personal Defense
Tactics (2 days, $500). The latter is required for all certificate courses.
CrimeFighters who want basic training might consider the last three courses
at Liddy (c, d, and e) mentioned above. Total cost might be close to
$3,000. If you can afford it, you might consider this school as being
close to what you might need. Add a few books on other subjects that you'd
like to pursue as your specialty, for the rest of your training.
* * * * * *
The American Pistol Institute (API), P.O. Box 401, Paulden, AZ 86334, (602)
636-4565, is strictly a firearms training school located on a 850-acre
ranch called Gunsite, about 25 miles from Prescott, Arizona. A testimonial
from a former graduate says, "If you took ALL the facilities owned by ALL
the other U.S. Shooting Schools and combined them into one, at best you
would come up with about 25% of what is available at Gunsite."
API's Managing Director is Jeff Cooper, noted author, teacher, lecturer,
and firearms consultant. He is generally considered to be the world's
foremost authority of sidearm techniques. API teaches virtually everything
you want to know and learn about guns and shooting. Individual courses are
taught at $700 each.
Each one (pistols, rifles, shotguns, and carbines) includes combat
simulated action, like those in police academy courses, with pop up targets
of "good guys" and "bad guys," plus indoor, outdoor, and shooting-in-the-
dark target practice. Each course uses up about 1,000 rounds. Standard
ammunition is used, not magnum loads, and .38's to .45 caliber, double-
action revolvers or pistols are recommended for the handgun courses.
Factory ammunition and reloads are available at the ranch. If you want to
become a better-than-average law enforcement officer with a handgun, rifle,
and shotgun, this is the place to get that specialized training.
To be a Top Gun among handgunners, you can take four pistol courses, each a
prerequisite to others: General Pistol, Intermediate, Special, and
Pistolcraft Extension "Clinics."
Because of the proficiency acquired by graduates of their courses, a
requirement for enrollment is that the applicant must provide sufficient
evidence that he or she is not a convicted felon, and is recommended by a
respected public official. A letter from your local chief of police
stating there you have no criminal record, and a letter from a local public
figure or your lawyer who says you are known to be a responsible person,
may be accepted as satisfactory for enrollment. The majority of attendees
seem to be law enforcement and military personnel who want to be much
better with guns than the bad guys -- to have an edge -- and Jeff Cooper
doesn't want it the other way around.
The API provides limited camping space for self-contained RVs, but no hook-
ups. Hotels and motels in Prescott are available, and all meals are on
your own. A caterer visits the ranch at noon dispensing sandwiches and
beverages for lunch.
* * * * * *
CrimeFighters can learn most techniques, such as skip tracing, surveillance
techniques, using special equipment, and others. from books written by
people who are trained and experienced in those areas. Many videotapes are
available on related topics. But there is no substitute for hands-on
training with weapons and personal self-defense.
A word to the wise: learning boxing (al la Marquis of Queensbury rules),
wrestling, and learning the martial arts also help. They're good exercise
and may give you confidence, but don't rely totally on that knowledge.
When you're in a back alley or barroom brawl you need to know street
fighting and dirty tricks. Books on these subjects are also available.
Examples: "Fists, Wits, and a Wicked Right" (Surviving on the Wild Side of
the Street); "Pool Cues, Beer Bottles, and Baseball Bats," a guide to
improvised weapons for self-defense; "Kill Shots" (a videotape); "101
Sucker Punches"; "Bouncer's Guide to Barroom Brawling"; "Anything Goes";
"Danger Zones"; "Fight for Your Life" (Secrets of Street Fighting); and
many others.
Street fighting isn't (usually) taught in gymnasiums. You can learn street
fighting the hard way, by being on the receiving end, or by reading a few
good books by the guys that know street fighting and teach you all the
nasty tricks they use to stay alive.
A large amount of knowledge you need can be obtained by reading special-
interest books on subjects relevant to your field of interest. Further
education and training may be gained through contact with other people who
will share their knowledge, books, equipment, and experiences with you.
That's one of the reasons, and benefits, of being a member and belonging to
a CrimeFighter lodge.
Not all CrimeFighters will carry a gun or expect to be in life-threatening
situations, but it wouldn't hurt to be capable and competent with handguns
and other self-defense skills. You never know when it might be needed.
National Rifle Association (NRA)
If you can't attend Jeff Cooper's classes, you can attend similar handgun
courses offered by the National Rifle Association for firearms training,
law enforcement courses taught in universities.
The NRA has dozens of shooting courses being offered in various cities
throughout the United States. In response to my request for information on
where and when classes are offered, they wrote:
"The NRA trains and certifies the instructors who introduce the public to
the fundamentals of pistol shooting, handgun operation and gun safety. Live
firing is included in this 10-hour pistol course. The instructors are NRA
volunteers; some will only charge their students for the cost of course
materials, while others also charge for their time. It is up to the
individual instructor to set a fee. Likewise, when, where, and how often
the instructors hold their classes is their decision. Therefore, because of
the nature of this program, I think it would be better to mention in your
book that the reader may call or write to the NRA Education and Training
Division, 1600 Rhode Island Ave. NW, Washington, D.C. 20036 or (202) 828-
6245 and request a list of local certified instructors in his or her area.
Rather than print a list that may be quickly outdated, stating that the
reader should contact the NRA is the best route."
Tip: Local gun stores usually know about NRA classes or NRA-authorized gun
ranges in your area. Ask them first. If no gun store in your area knows
anything about local NRA gun course/ranges, write to: Ms. Brenda K.
Dalessandro, Manager, Communications Department, Education and Training
Div., 1600 Rhode Island Ave. NW, Washington, DC 20036-40610-62 or Phone
(202) 828-6000 Fax(202) 223-2691.
If gun-carrying permits can be obtained in their State, you need to be
aware of the serious responsibility of using a firearm, when not to use it,
and the legal and financial consequences of using one. Massad Ayoob covers
this topic in his two books, "In the Gravest Extreme" and "The Truth About
Self Protection." (In CRIMCAT.)
Gun Laws
The NRA has issued a pamphlet overview of each State's gun laws. It covers
just about everything about purchasing, registration, and carrying a weapon
and about handgun, rifle, shotgun, and machinegun laws. These pamphlets,
one for each State, are FREE for the asking. Write to: NRA Institute for
Legislative Action, 1600 Rhode Island Ave., NW, Washington, DC 20036
(Please include a dollar to cover printing and mailing costs.)
F9 for next Chapter
High Tech Tools of the Trade
Electronic tools CrimeFighters can use, such as cellular phones and
camcorders, rapidly and constantly improve. This chapter is intended to
provide general information only as it will eventually be outdated by the
passage of time. Talk to sales reps and read periodical literature to keep
up-to-date on new high tech equipment and current prices.
Cellular Phones
The most important piece of equipment for CrimeFighters is a cellular
phone. Radio Shack and other chain stores offer special discounts with
service contracts and activate the phone. The company that provides the
phone service pays the store a commission up front amounting to the
difference between the store's regular price without the 12-month service
contract. Discounts a few years ago amounted to as much as $300, lowering
the purchase price of a cellular phone to about $200.
Cellular phones are basically radio transmitters, with limited power up to
three watts. Because of the relatively low power for long-distance trans-
missions, receiver/transmitter/relay stations called "cells" are situated
along popular corridors beside freeways and major highways. Cells overlap
to form a relay when you progress through one cell to another. That makes
it possible to use them in cars. These cells hand-off (relay) the conver-
sation to the next cell as you travel. In some areas, off the main high-
ways, there may not be any receiving stations and the use of a cellular
phone isn't possible. But it won't be long before that problem is solved.
Excerpts from the Toronto Globe and Mail: "Telesat Mobile, Inc. has reached
an agreement with French-based Arianespace to launch a satellite in 1994
designed to improve mobile communications throughout North America. Once
the satellite is in operation, individuals using portable computers,
portable fax machines and a new generation of cellular phones will be able
to send and receive messages throughout North America... the satellites
would be particularly useful for sending and receiving transmissions in the
85 percent of North America that is not now served by cellular phones."
Costs
The receiver/transmitter/relay stations are serviced by firms who charge
for the service. Cellular One, of Yuma, Arizona, has the following:
V.I.P Plan -- for low volume users -- charges a flat monthly rate of $29.95
for basic service called an access fee, whether you use the phone or not.
In addition when you use the phone, for all incoming or outgoing calls, it
costs an extra 38 cents per minute during peak air time (from 7 a.m. to 7
p.m. Monday through Friday. At other time (off-peak) the rate drops to 24
cents per minute. There is no free air time.
The Business Plan is for higher usage. The monthly access fee is $59.95,
peak rate is 35 cents and the off-peak rate is 20 cents, and the extra $30
for the access fee allows 100 minutes of free air time. Actually, the "free
air time" cost $30, or at a packaged rate of 30 cents per minute for extra
air time. If you use the phone frequently during business hours, this plan
gives a volume discount.
The Executive Plan is for busy people who use the phone a lot -- like a
business executive. Monthly access fee is $99.95, peak rate is 32 cents and
the off-peak rate is 18 cents, plus you get 240 free minutes of air time.
Or the 240 minutes cost $70 per month more than V.I.P. service, and the
"free" air time of 240 minutes cost 29 cents a minute -- whether it's peak
or off-peak.
You are charged for air time whether you make an outgoing call or someone
calls you. Since you pay for air time when people call you on your cellular
phone, don't give out that phone number for regular use -- unless it's a
business necessity (or you can afford large phone bills). If you're a
ratchet jaw, or have a teenager lurking close by to use your phone when
you're not looking, the extra charge for air time can cost a bundle. Keep
and use a regular phone besides the cellular phone. Reserve the cellular
phone for emergency calls, business, and on-the-road use.
Long distance calls are still put through as long distance calls. Your call
is picked up by the nearest cell and connected to a long distance telephone
line in that cell. You are then charged regular long distance rates in
addition to air time. The long distance connection allows you make calls to
virtually anywhere in the world. (The downside: you get stuck for the air
time when people call you long distance -- even wrong numbers.)
Regular telephone features, such as call waiting, call forwarding, call
transfer, no-answer transfer, no-busy call forward, and 3-way conference
calling, are available for an extra $2.50 for each feature, or $6 per month
for 3 or more. There's dozens of various hardware features for cellular
phones which are too numerous to mention here.
Radio Shack Deals
Radio Shack in Yuma uses Contel Cellular phone service, which has slightly
different rates. Monthly service is $30, peak time rate is 40 cents per
minute, off-peak time rate is 20 cents per minute, and no free time. But
Radio Shack charges a $25 "activate" fee to program the phone to you new
telephone number, etc. The latter is a one-time only fee, unless you change
your number.
The difference between Cellular One and Contel is insignificant. For
example, let's say you use the cellular phone strictly for emergencies and
CrimeFighter calls which might total about 30 minutes per month. For simple
calculation, assume you use the phone 50% of the time during peak time and
50% during off-peak.
Your costs for Cellular One: $29.95 monthly service fee, plus 15 minutes at
38 cents = $5.70, plus 15 minutes at 24 cents = $3.60, or a total of $39.25
per month.
Your costs for Contel: $30 monthly service fee, plus 15 minutes at 40 cents
= $6, plus 15 minutes at 20 cents = $3, or a total of $39 per month.
Chain stores like Radio Shack are numerous and convenient. If you have
mechanical problems, they'll fix or replace the instrument. Other models
may have to be sent to a repair depot and may take weeks to get it back.
Camcorders
The second most valuable piece of equipment for CrimeFighters is also the
most expensive, about $1,000 or so. They aren't essential, but videotapes
provide the best evidence possible when you make a "movie" of lawbreakers
committing a crime. If you're serious about being a full time CrimeFighter
you'll want one sooner or later. I'll skip the mechanical description and
concentrate on the models and features available.
VHS format is the most popular. Beta models are obsolete. Sony has a "new"
Beta format called Extended Definition (ED) Beta. This one's disadvantages
outweigh its advantages for CrimeFighter use. Forget Beta models.
VHS Camcorders (cameras) are available in standard format, compact format
VHS-C, Super VHS, and 8mm. Compact models are usually marked as VHS-C. The
cartridge and camera are smaller and lighter in weight. The tradeoff is
they have a smaller amount of recording time available, about twenty
minutes at the fastest speed (which makes a better picture) and ninety
minutes at the slowest recording speed. A cartridge adapter allows the use
of compact tape cartridges in a standard VCR. The adapter sells for about
$40 via mail order. The limited recording time is a tradeoff for lighter
weight and smaller bulk.
S-VHS produces a super high-resolution image which provides a much better
picture, similar to the high-res screens on computers. The drawback is that
standard TV screen can't show the details in excess of 240 lines of
resolution. S-VHS cameras make superior pictures, but you won't find many
super high-resolution TV monitors to take advantage of their high
resolution image.
(Note: Computer technology now includes the ability to view videotapes on
computers. If your computer has a high-res screen (SVGA) you could use the
computer for viewing high-resolution tapes when it's too fuzzy on ordinary
TV. There's also hardware and software available to route TV broadcasts,
including hi-fi sound, to be viewed and heard on a computer. Scan through
current issues of Computer Shopper for the latest products and prices.)
Eight millimeter tapes and cameras are the smallest and lightest. Recording
time is about two hours, the same as standard VHS models. A small drawback
(or benefit) is, in 8mm format, the camcorder is also the VCR playback
machine. You hook up the camcorder to play back through your TV -- like
hooking up your VCR player to the TV. Using a VHS VCR, you can copy the
8mm tape to VHS format, or vice-versa.
At the time of this writing, the top of the line was a Sony EVC-X10. Radio
Shack or similar stores won't have them because of its unusual features
(for professionals) and its price. It listed for $3,900 (1989). Street
prices on computers run about 50% of list prices shown in news releases.
That lets stores offer discounts. The markup on Camcorders is about 25%,
so a realistic discount price you might get is 10 to 15% off list price.
The Sony EVC-X10 is an 8mm video camera recorder. The main feature is that
it accepts any C-mount video or photographic lens, including wide angle,
high magnification zoom, telephoto and night vision lens. It also accepts
16mm film-type lens with commercially available adapters and can be used
with microscopes and telescopes for some pretty specialized work. It comes
with a broadcast quality 1-to-14 zoom lens which is the equivalent to 40-
560mm SLR (camera) zoom lens. (For example: with a 500mm camera lens you
can record a close-up of your subject a block or two away from the camera.
Compact and lightweight, the Sony EVC-X10 features a high density (420k
pixels) 2/3" precision CCD color imager, 2 lux sensitivity (night vision
lens may improve low light performance); an auto and manual iris control;
adjustable high precision external view finder; simultaneous time/date
generator; auto white balance; edit and review capabilities; and, a
variable speed shutter from 1/60 to 1/2000 of a second. Additional features
include a built-in mike, battery lamp, audio/ visual output jacks with RFU
power supply for playback on TV, five pin remote connector, external mike
input (for CamEar zoom or directional mikes), 11 function external LCD
panel, eight function internal VF display, and noiseless slow/still frame
advance. It also comes with an attachable pistol grip and shoulder frame to
increase balance and comfort, but it also mounts on a standard video tripod
- handy for stakeouts.
When you can afford it, get this one or its successor model. Ask your local
dealer who handles Sony products. Shop for prices.
If you can't afford the Sony EVC-X10, the alternative might be a Panasonic
PV760. It has a computerized 1 to 30 power zoom, two lux, and lists for
$1,499 (1989). They are available from Tandy's subsidiary stores, Video
Concepts, which are located in many cities throughout the United States.
They had them on sale last year for $1,299.
PV760 features are: 30:1 digital zoom; 10 W color enhancement light; 12 X
Power Zoom (besides the 30:1 digital zoom); Flying erase head for editing;
self-timer recording: digital electronic image stabilizer that's needed for
long-range zoom recording, and needed for automobile use when on the move
or in moving surveillance: a High Speed shutter; and a carrying case.
Also available for the PV760 is a four-piece electronic mike. It consists
of two microphones: One is a pen mike; one is a concealable bow tie mike.
The receiver slides on to the camcorder to plug the sound into the camcord-
er as you tape the action. Another receiver can be attached to your belt,
or on another person who needs to hear what's going on -- or going down.
Update: Seen in a (1992) VIDEO BUYERS GUIDE. A $1,200 Hitachi VM-E25A 8mm
camcorder with a 1:8 normal Zoom plus digital Zoom that boosts it by a
factor of 8 to obtain 64 Zoom.
The VM-E25A is very small, lightweight, easily fits in one hand, and has
all kinds of options and accessories as standard, plus optional equipment.
For surveillance work, you can replace the standard (removable) lens with a
5X telephoto and/or wide angle lens.
The camera lens gives clearer pictures than the (electronic) digital zoom
(although the digital zoom is clear enough until you get around 32 power).
At 64 digital Zoom, the pictures get fuzzy. By changing the lens to (say) 5
power, you then have a 5:40 regular Zoom via lens, for clearer pictures,
plus digital Zoom multiplying that to about 300 power for longer range.
Some camcorders, like the Panasonic 660, ($948) which has a 1:12 Zoom plus
digital Zoom cranks it up to 96 Zoom. Add a 5 power telephoto lens and you
can get (theoretically) up to 480 magnification.
At strong magnification, you need a solid rest or tripod to eliminate the
small quivering of hand movement which is also magnified in proportion to
the Zoom factor. An image stabilizer feature would be a must for this kind
of long distance recording.
Lux, or Candle Light
All camcorders are rated with a lux designation. One lux is equivalent to
one candle power. Theoretically, a one lux camera can take a picture when
there is a brightness of one candle, one foot away, lighting the object.
Manufacturer's claims are not always the same as performance. Aside from
that comment, you can use the lux rating of a camera as a pretty good
indicator of its ability to make a reasonably clear picture under less
than perfect light.
For undercover work, a one- or two-lux rated camera is best. It will
perform better than a seven lux camera -- all things considered, but not
always equal. The lens has a lot to do with picture clarity: a camcorder
with a good quality lens and rated four lux may provide better picture
quality than a camcorder rated two lux but has poor quality lens. If you
can, lease a couple of cameras for a day or two and compare results. Try
before you buy, or try to get a money-back option.
Zoom Lens and Telephoto Adapters
The next important requirement of a camcorder for a CrimeFighter is to take
pictures at a distance. Most cameras have a zoom lens. Some models have at
least six-to-one zoom, but newer models have 12-to-one, variable-power
zoom. Digital zoom (microcomputer technology) increases the lens zoom by a
factor of 8. A 1:12 zoom with digital = 64, a 12;1 lens zoom with digital
zoom = 96.
In addition, you can add telephoto lens from 1.5 to 5 power, plus wide-
angle lens to increase the magnification and field of view. A 12:1 lens
zoom, with a 5 X telephoto lens makes it 60:1. Add digital zoom of 8 power
to get (theoretically) 60:480 zoom. Of course, you'd have to have a steady
mount to suppress the small movement of shaking hands which would also be
multiplied. However, some cameras have a "stabilizer" that acts like a
ship's gyroscope to suppress rolling and dipping. It's computer controlled
"fuzzy logic" (artificial intelligence software). As the years go by, more
and more improvements will be made on high tech equipment. Always ask.
Telephoto lens vary in cost from about $60 to $300 each. The thing to watch
out for when buying a camera is whether or not the lens cover lip (or no
lip) on the camera will prevent you from attaching telephoto lens to the
camera. Ask knowledgeable store clerks and browse through Camcorder mag-
azines in supermarket magazine racks for information on where to purchase
cameras and accessories.
Focus System
The ability to focus through window glass is important because lots of
movies will be made through car windows. Focusing systems that use any
form of sonar or infrared to "find" the subject will be bounced off the
glass. That makes it difficult to use for covert surveillance work.
Opening the window may not always be possible. Be sure to get a camera
that has a manual focusing override control. (The EVC-X10 has a manual
override control.) Through-the-lens (TTL) viewfinders are recommended for
through window glass (inside-outside) surveillance. Talk to your local
sales representative for specific information.
Sound
Wiretapping is illegal, but not if you are making a recording of a crime in
progress or recording a conversation of persons who consent to its being
made for their own protection. With that in mind, external microphone jacks
on a camcorder are a necessity. Most have them, but look for that feature.
There's a "CamEar" (Camera Ear) that provides an audio zoom for video
camcorders. (about $70 from Silver Creek Industries, 1-800-533-3277.)
Quite a few other zoom and wireless microphones for long distance pickup
range in price from $40 to $250. Contact: AZDEN, 147 New Hyde Park Road,
Franklin Square, N.Y. 11010, phone # (516) 328-7500.
Time and Date
This is usually a standard feature, but look for it, because it may be
important to date-stamp the time and day when the tape was made.
Instructions on How to Buy and Use a Camcorder
Video tapes on "How to Make Video Tapes" and books on this subject can be
found in the advertising pages of most Camcorder magazines. Here's a few
books to get you started: "The Video Camcorder Handbook -- How to Select
and Use a Camcorder -- Any Brand or Format" ($14.95), and a companion book,
"Pro Techniques of Making Home Video Movies" ($12.95), "How to Understand
the Multitude of Video Products" ($12.95) and "Basic Instruction on Making
Home Video Movies" ($9.85). Many video stores have video catalogs to locate
any video you want to special order. Ask them for a rental/purchase option.
Financing Hardware
Radio Shack had a $788 special on camcorders recently. It offered their
Model 126 MovieCorder, a VHS, two-lux, 12-power variable zoom camera. It
has manual focus override, time and date stamp, and a 12 volt input jack to
run off a vehicle's batteries for long-term surveillance work. The sale
will be over by the time you read this, but, with the Shack, you can expect
there will (probably) be repeat sales in the future. If you don't have the
cash, you can buy it on time payments at $25 per month. If you can't afford
the expensive models, this one or a similar one may be sufficient. Radio
Shack's hand-held cellular phone, model CT-1033, has 3 watts of power for
maximum output. It's also available on time payments for $15 a month. So,
for about $40 a month you can get the two most important pieces of equip-
ment from a local Radio Shack store.
Electronic Surveillance Equipment
Be advised that unless you have legal authorization for a wiretap, using
such equipment to eavesdrop is illegal. Two exceptions: when you record a
conversation with permission from one of the parties of the conversation
being recorded. The other exception is when a criminal action is observed.
Recording the incriminating conversation between criminals actually
committing a crime is not a violation of an innocent person's civil rights.
When you're working on a case with law enforcement officials, wiretap
authorization may be obtained. If so, the appropriate equipment may also
be available. However, if their surveillance equipment is old, worn out,
or obsolete, a CrimeFighter may prefer to use personal electronic equipment
to get reliable results. In that case, you may want to know what's
available and where to get it. Instead of trying to include and describe
the hundreds of devices and miscellaneous equipment that's mentioned in
many catalogs, I'll just refer you to the catalogs and where to get them.
Most are free, but a few require two or three dollars to pay for the
printing and mailing. (Send a couple of bucks with your mail request.)
1. Sherwood Communications Associates, Ltd., 1310 Industrial Highway,
Southampton, Pennsylvania 18966 (215) 357-9065. This company sells quite
a few camcorder models, including the SONY EVC-X7 and X10, plus attachments
and disguises for camcorders used in undercover surveillance. They have a
separate catalog of wiretap equipment and various gizmos and gadgets, plus
an extensive library of unusual books on various subjects. The company was
founded by Security Professionals and is recognized as one of the leading
distributors of electronic security and communications systems.
2. CRB Research Books, Inc., P.O. Box 56, Commack, N.Y. 11725, (no phone
number given) has a catalog ($1) that seems to specialize on books and
equipment on radio frequency registries, hand held (cellular phone)
scanners and other types of communication monitoring, CB radio, clandestine
operations, cryptography, electronic surveillance, countermeasures,
espionage, and computer hacking.
3. Protector, P.O. Box 520294, Salt Lake City, Utah 84152 (801) 487-3823
has a catalog of surveillance equipment, including miniature video cameras,
audio jamming equipment, voice scramblers for phones, and quite a bit more.
4. Armo-Tech, P.O. Box 276524, Sacramento, California 95827 (916) 369-7139
doesn't have a catalog, as such, but they do have hi-performance body armor
made of light-weight Kevlar. Their vest, front or back ($190) or full wrap
around coverage ($230), will (so they say) defeat a .45, .357, 00 buckshot,
and 9mm handgun rounds. If you think you might need one, ask for their
literature and current prices.
5. XANDI Electronics, Box 25647, Tempe, Arizona 85285 -5647, has a mini-
catalog of miniature radio transmitter/receivers (bugs) and bug detectors,
telephone "snoops", telephone recorders, vehicle tracking transmitters, and
voice disguisers. If you're into hi-tech electronics, printed circuit
boards and electronic kits are available to make your own. They also have
assembled and tested units for the not-so-handy.
The disclaimer in XANDI's catalog is typical of catalogs containing
illegal-to-use equipment or technical information on locks picks or how to
pick locks, making silencers, bombs, etc. It's worth mentioning at this
point. A typical disclaimer is as follows:
"The products listed in this catalog are intended to be educational only.
They are aimed at the electronic hobbyist. Some of these products might be
used in situations that are illegal depending on State and Federal law.
XYX Company assumes no responsibility for the illegal use of its products
and, in fact, strongly recommends against the illegal use of any electronic
device. You, as the purchaser and user, assume all legal and financial
responsibility which results from the ultimate use of your purchase."
* * * * * *
Remember, the possession of illegal wiretap equipment or burglar tools is a
felony in most States. If you purchase any such items, don't get caught
using them or having them in your possession outside of your home under
"suspicious circumstances" unless you have a warrant or police approval.
(And get it in writing.).
(Feedback from readers who have these camcorders and related equipment will
be appreciated. I'd also like to hear from vendors of this equipment, who
may provide CrimeFighters with suitable discounts. I'll add your comments
and suggestions to the next version of this Crimefighter book.)
F9 for next Chapter
Problems with Prosecutors, the Justice System
and Reward Laws in General
All rewards subject to a conviction of a felony are either out of date, out
of touch with reality, and (unintentionally) false advertising.
No one tells you their advertised rewards are subject to plea bargaining
and that plea bargaining is used in the majority of felony charges which
are, 90% of the time, reduced to misdemeanors for first offenders. A felony
reduced to a misdemeanor usually eliminates rewards paid under all Federal
laws, Crime Stoppers, and We-Tip.
Title 18 USCS 3059 is the only exception to the conviction requirement;
payment is made on a felony arrest, not conviction. All reward laws and
programs should be similar to 3059. Unfortunately, 3059 is also subject to
the discretionary powers of bureaucrats, making it doubtful, too.
* * * * * *
Here's a quote from the book "Take Back Your Neighborhood", by Richard
Neely, Chief Justice of the West Virginia Supreme Court. (1990) published
by David I. Fine,Inc.)
"... hardly any of the persons arrested on felony charges in New York City
are ever prosecuted and convicted as felons. New York Police Department
figures showed that the chance of a person arrested for a felony being
sentenced to prison was one in one hundred and eight. Although many cases
can be explained away by "overcharging" on the part of the police, the
largest number of avoidances of prison sentences come from the prosecuting
authorities' willingness to permit felons to plead guilty to lesser
charges. This willingness to cut deals favorable to defendants is a direct
function of the limited judicial resources available to give jury trials
and the chronic understaffing of the prosecutor's offices. In 1979 there
were 104,413 felony arrests in New York City, of which 88,095 cases were
dismissed, and 16,318 indictments procured. Of those indicted, 56% plead
guilty to felonies (but often less severe felonies than those which they
were originally charged), 16% plead guilty to misdemeanors, 12% were
dismissed after indictment, only 13% went to jury trial and 3% resulted in
some other disposition."
Here's a quote from WISEGUY, by Nicholas Pileggi, Pocketbooks (1985).
"According to a 1960s Joint New York State Legislative Committee on Crime
study, at least 99.5% of highjacking arrests resulted either in the charges
being dismissed or in the defendants receiving small fines or probation.
During one year covered by the report the committee traced 6,400 arrests
for criminal possession of stolen property and found there were only 904
indictments, 225 convictions, and as few as 30 state prison commitments. A
committee case study of eight defendants arrested at the time for the
possession of more than $100,000 worth of stolen property noted that each
defendant was fined $2,500 and placed on probation by New York Supreme
Court Judge Albert H. Bosch."
* * * * * *
The odds of a Crimefighter being paid a reward for truck hijacking info in
New York at that time was about 6,400 to 225 = .035%. With only 30 prison
sentences being handed out, the percentage of significant rewards being
paid was 6,400 to 30 or about .0046875 -- less than one-half of 1%.
Obviously, current reward laws are based on ivory tower assumptions, not
real world facts. Plea bargaining is the problem.
Conclusion
Only 5% of crimes that are committed result in an arrest. Then, using Judge
Neely's figures for an example, out of 104,413 arrested, only 16,318 were
indicted. And, 12% of those indicted were eventually dismissed and 3% of
those arrested "resulted in some other disposition". Only 11% were
prosecuted. Of those who were prosecuted, most of them (56%) agreed to
plead guilty for a lesser charge. In total, less than 5% were tried on
their original charges.
Under present reward laws, Crime Stoppers, We-Tip, State and Federal reward
laws, CrimeFighters would get paid only five percent of the time.
CrimeFighters in large cities should be warned the odds are about 20 to 1
for a conviction and jail time being imposed on original felony charges if
they let the State District Attorney do the prosecuting. Pending rewards
are also, unfairly downsized accordingly -- if they're not canceled.
From a business point of view, it's a sucker deal when payment depends on
many variables that are not under the seller's control and subject to
errors and omissions by third parties. In any business contract, minimum
and maximum amounts and specific time periods are clearly stated. These are
the essence of all business contracts. These conditions should also be
stated in reward laws to provide a reasonable degree of certainty as to the
amount of the reward and when it will be paid. Ambiguity may be desirable
from a lawmaker's perspective, but it seriously detracts from the intended
purpose of providing incentives via rewards.
That's why I recommend CrimeFighters use Qui Tam law. Be the prosecutor to
control plea bargaining. Use plea bargaining to negotiate an out-of-court
settlement or summary judgment of your civil suit as part of your reward.
When prosecuting cases, Federal RICO civil and/or criminal suits should be
used whenever possible to obtain 50% of fines and forfeitures. Use current
reward laws as back-up laws, to obtain Qui Tam standing, and apply for all
rewards available. When you have control of the case, negotiate with law
enforcement agencies for additional rewards.
There's an urgent need for a new reward law based on the above facts of
life. That's the subject of the next chapter.
Plea Bargaining Examined
Here's a few quotes from books by various authors (judges and prosecutors)
who try draw attention to the problems and dangers of plea bargaining.
1. Questioning Authority, by David L. Bazelon
"Because of the pressure of numbers, there is often a unanimity of interest
among defense counsel, trial judge, and prosecutor in pushing defendants
through the system as quickly as possible. The goal of mass-production
justice is rapid processing of cases. The most common mechanism to satisfy
this goal is the guilty plea. When the defendant pleads guilty, defense
counsel collects one more fee and moves on to the next case; the trial
judge removes one more trial from his calendar; the prosecutor reduces his
case load and adds one more "guilty" to his list of courtroom triumphs.
It is no secret that in the majority of criminal prosecutions the accused
is in fact guilty, notwithstanding any initial protestations of innocence.
It is also no secret that the vast majority of criminal prosecutions
culminating in conviction are settled through plea bargaining. Indeed, the
Supreme Court has recognized that plea bargaining will remain "an essential
component of the administration of justice" in this country until the
court's resources are greatly expanded."
2. Reflections on Crime, by James A. Inciardi.
"The rational-instrumental goals of the court organization, in its urgent
demand for guilty pleas, have produced a bargain-counter, assembly-line
system of criminal justice which is incompatible with traditional due
process. The dilemma is sharpened by the fact that the concern for the
individual envisioned and postulated by the rules of due process in
determining guilt or innocence, is no longer present at this crucial level.
Instead, the concern, if any, appears to be the post-guilt, pre-sentence
stage, while the actual determination of guilt is arrived at through
perfunctory ministerial procedures which have become the hallmark of the
criminal court's rationality.
Currently, approximately 90% of all persons who are accused of criminal
offenses plead guilty after the decision is made to prosecute. This
suggests that in the majority of criminal cases, the prosecutor makes most
of the decisions regarding innocence or guilt and hence, acts as de facto
judge."
(In the Halls of Justice, justice is made in the halls.)
3. The Prosecutors, by James B. Stewart.
"Plea bargaining is an inherently difficult area of jurisprudence, since
the concept is essentially in conflict with the basic notions of due
process, yet seems to be essential if the criminal-justice system in this
country is going to function. After all, every plea bargain has an element
of "retaliation" in it. The usual tacit bargain is that the prosecutor will
recommend less serious charges or lighter sentences if the defendant spares
the government the cost and time of putting him through a trial. Since
every defendant is constitutionally guaranteed a trial by jury, he is
essentially rewarded if he gives up that right and punished if he insists
on exercising it."
4. "Crisis in the Courts", written by Howard James, Chief, Midwestern News
Bureau, The Christian Science Monitor.
"While the United States Constitution guarantees a man the right to a trial
by jury, experienced Chicago defense lawyers warn their clients that
demanding a trial can be foolhardy.
A man may be offered a 1-to-3-year term (by the prosecutor with the judge's
approval) if he pleads guilty. If he demands a trial before the bench and
is found guilty, he can expect a 2-to-5-year sentence. If a jury finds him
guilty, the prison term will probably be 4 to 8 years. That's the penalty
imposed for taking up the court's time.
It is common practice for a prosecutor to try a few men for assault with
intent to kill, drunken driving, or murder. Then, for the sake of
expediency or for other reasons, he reduces the charges for others (who
have broken the same law) to simple assault, reckless driving, or
manslaughter. Still others are released by the prosecutor, who may be
convinced of their guilt but feels he lacks evidence to convict.
As the President's Commission on Law Enforcement and Administration of
Justice has pointed out, the prosecutor "decides whether to press a case or
drop it. He determines the specific charges against the defendant. When the
charge is reduced, as it is in as many as two-thirds of all cases, the
prosecutor is usually the official who reduces it." And "he is particularly
able to influence police operations." While police make the arrests, it is
the prosecutor who holds the controls in his hands and guides the ship.
Because his decisions touch more lives, many lawyers assert that he is more
important than the Judge.
In thousands of lower courts (and this is where 90% of all defendants
appear) a policeman or judge acts as prosecutor, though neither has legal
training. ... in dozens of courtrooms, where the prosecutor has never seen
the case before, a folder is thrust into his hands for a preliminary
hearing or for trial by a lower-court magistrate. Even in more serious
cases the prosecutor has a limited amount of time to prepare his case,
unless it is a spectacular crime that will make PAGE ONE in the newspaper.
Yet thousands of prosecutors are men fresh out of law school who are
learning their craft at state expense. Some have studied trial procedures
for one semester at best. Because of recent innovations a few have spent
time in court while still law students. Others have practiced law a few
months or years and take the prosecutor's job while their practice builds
and to gain experience.
Most prosecutors are young men with little trial experience because few
experienced lawyers want the job," says Robert E. West, president of the
Vermont State's Attorney's Association.
At least two in our state were elected before they passed the bar exam. The
pay is so low most have a civil practice on the side, so the public isn't
always properly represented. Often being prosecutor comes second."
5. Driving the Drunk Off The Road, by Sandy Golden.
"Routine plea bargaining from a drunk driving charge to a lesser non-
alcohol-related charge to speed up cases and clear court dockets. This
practice is a dangerous rip-off and should be halted. It results in such
offenses being repeated.
Existence of an attitude among the prosecutor's staff that such cases are
routine traffic offenses and should be handled as such. Drunk driving in an
intentional, willful act and a life-threatening crime. Prosecutors need to
recognize this fact.
Some courts are understaffed and unable to cope. Some jurists use such
legal schemes as "deferred sentencing" and "probation before judgment" to
speed up court dockets. Purposely or not, such tactics give drunk drivers a
break. As a result, the public suffers. These judges are indulging in a
dangerous practice that enables such motorists to continue driving while
under the influence of alcohol.
In some court systems it is possible to "buy" your way out of an alcohol-
related charge. This is not in any way to imply that judges can be bribed
(although some can and have been caught). It means that by hiring an
expensive defense attorney who knows his way around the system, who demands
a jury trial, who always appeals the case and who seeks continuances to
cause delays, it is often possible to get the case dismissed or plea
bargained to a lesser offense."
Supreme Court's Decision
In the leading case in the field, the Supreme Court tiptoed around this
plea bargaining controversy by saying:
In the give and take of plea bargaining, there is no such element of
punishment or retaliation so long as the accused is free to accept or
reject the prosecutor's offer.... While confronting a defendant with the
risk of more severe punishment clearly may have a discouraging effect on
the defendant's assertion of his trial rights, the imposition of these
difficult choices is an inevitable - and permissible - attribute of any
legitimate system which tolerates and encourages the negotiation of plea.
Prosecutor's Authority on Plea Bargaining
The Las Vegas Review-Journal, on December 3, 1991, had an editorial
concerning plea bargaining of key witnesses to nail Manuel Noriega. The
following information from the editorial will give you an idea of how much
leeway a prosecutor has and how much he can give away to "turn" defendants
into witnesses.
"The Associated Press reports that the government has dropped three life
terms without parole and a total of 546 years in prison sentences to win
the cooperation of four witnesses. In addition:
Floyd Carlton faced life in prison plus 145 years for flying cocaine into
the United States. His cooperation got him out of jail last December after
he had served three years, and prosecutors let him transfer his assets -
acquired with drug money - to the United States. The taxpayers also picked
up the tab to support Carlton's wife, children and a nanny.
Ricardo Bilonick, who faced 50 years for running drugs, can keep $3.9
million in drug-related assets and was assured of no more than a 10-year
sentence in exchange for his testimony.
Robert Steidinger, once called the No. 1 man in the United States for one
of the major drug cartels, agreed to testify in return for a federal
guarantee of a sentence of ten years or less. When he gets out of jail, he
won't have his $14 million Florida home, which the government seized. But
he'll still enjoy his bank accounts, a Mercedes Benz, his 40 foot yacht, a
speedboat, airplane, two AK-47 assault rifles, an Uzi and a submachine gun
-- all of which the government agreed to leave untouched in return for his
testimony." Unquote.
The editorial called it a "despicable affair all around." "Regardless of my
opinion and yours, it appears the power of a prosecutor to plea bargain is
virtually unlimited, including giving away millions of taxpayer's dollars,
allowing convicted crooks to keep and enjoy the bountiful fruits of their
criminal activity, and allowing a convicted felon to keep and own two
assault rifles and two machine guns! (Isn't that against the law?)
Keep that in mind if you expect to be paid 50% of fines and forfeitures. A
significant part of the assets can be given away by a prosecutor to get an
easy conviction. When there are millions of dollars involved, either
prosecute the case yourself or take it into consideration when negotiating
for rewards.
Plea bargaining is ingrained into the justice system. It's a judicial
system pressure valve for overcrowded jails, crowded courts, and overworked
prosecutors, budget cuts, resistance to taxes to build prisons, and
additional laws to keep criminals in jail and resulting strain on the penal
system. (Perhaps it's time to decriminalize "victimless" crimes.)
Many first offenders receive deferred sentencing to spare the individual a
criminal record as well as to save the state costs of a jury trial and
prison. These cases, plus those dismissed from lack of evidence (protected
snitches, plus evidence mistakes by police, legal technicalities, quirky
judges) cancel rewards because there are no convictions -- even though
everyone involved knows the defendants may be guilty.
For example, from "Crisis in the Courts," by Howard James:
"A judge's attitude towards prosecution for certain offenses also affects
arrest practices of the police. In one large city, for example, it was
noted that the number of arrests for prostitution and solicitation declined
sharply during the months that a judge who routinely dismissed such cases
was sitting in the misdemeanor division. [And]... it is not uncommon for
individual judges to regard certain offenses as too trivial to merit any
substantial penalty or even to merit the court's time in hearing them. An
experienced prosecutor is reluctant to antagonize the judge by bringing
these cases to court despite the availability of sufficient evidence to
convict the defendant."
From a pocketbook, What Cops Know," by Connie Fletcher (1990):
"The judicial process is a laugh, a fucking joke. The public is completely
unaware of how the court system is run in Narcotics Court. These people are
let go left and right, not by lack of evidence or by the police officer
screwing up somehow, but just because the judge thinks it's an insufficient
amount. That's the travesty. If you don't catch them with a large amount,
then the judges look at it like you haven't got them big, so we're gonna
let them go. Even though it's listed as a felony, they still throw it out.
Time and time again."
Rookie Prosecutors
Another serious flaw with the justice system is pitting inexperienced State
prosecutors, fresh out of law school, many who haven't even passed the bar
exam, against highly trained and experienced defense attorneys. The recent
William Kennedy Smith's rape trial is an example.
USA Today, December 11, 1991, stated:
"The most remarkable thing about William Kennedy Smith's day in court might
have been the poor performance of prosecutor Moiras Lasch... legal experts
uniformly criticized Lasch's questioning as unfocused, repetitive and
largely to Smith's advantage... "It's the worst performance I have ever
seen in a court-room cross-examination", declared trial lawyer F. Lee
Bailey, a Court TV commentator. It was rank. It was gross." Miami lawyer
H.T. Smith who worked with with Black in the public defender's office
agreed. "We knew (defense attorney) Roy Black was good. But nobody
suspected the prosecution would be so bad. It's been a total mismatch of
lawyers. It's really not fair to the people of Florida."
* * * * **
Anyone interested in law reform should read three excellent books on that
subject: "Rough Justice" (Days and Nights of a Young D.A.), "With Justice
for None," and "Crisis in the Courts." The first two are currently
available in paperback editions. The third is out of print but may be found
in libraries. These books reveal how state prosecutors and public defenders
learn their trade and acquire experience. During their on-the-job-training,
they lose more cases than they win -- for obvious reasons. Then, after a
year or two, when they have the required experience to become proficient,
they leave for better paying jobs.
Rookie state prosecutors and public defenders use the system as basic
training and a stepping stone to better paying jobs. That's not all bad for
fledgling lawyers and the court system in general. Where else can they get
their hands-on experience? However, in the process, the current system uses
the defendants involved as guinea pigs.
The point is, CrimeFighters should be aware many prosecutors are often
rookies, inexperienced, overworked and underpaid, who would much rather
plea bargain to lesser charges for a guilty plea than lose a case. When a
case goes to trial, as it will if the defendant has any money and can
afford a battery of lawyers and "expert" witnesses (as in the Kennedy
case), the odds are more in the defendant's favor. In such a mismatch, the
odds are stacked against the CrimeFighter who may be depending on a rookie
prosecutor to win the case against a seasoned lawyer.
When the case involves large sums of money available from Federal laws and
significant fines and forfeitures, it's better to use Qui Tam and hire an
experienced lawyer on a contingency basis. Paying a good lawyer 30 to 50%
of your share of fines and forfeitures might be smarter than relying on a
rookie prosecutor. ("Half a reward is better than none.")
West Virginia's Supreme Court Justice Neely mentions in his book, "Take
Back Your Neighborhood," that adding more police to obtain more arrests and
convictions will also require additional prosecutors and judges because the
court system is already overburdened and at the point of collapse. This is
why the present system won't change -- there isn't enough tax money to pay
for doubling or tripling the number of prosecutors, court rooms, related
facilities, and jails.
Prosecuting criminals by inexperienced prosecutors results in fewer
convictions of serious crimes. That may be an unadvertised, intentional
benefit to the justice system because it alleviates overcrowding in jails.
However, it fails to provide true Justice to the victims of crime who
rightfully expect the perpetrators to be punished. It is also detrimental
to anyone relying on felony convictions for payment of rewards.
Other Problems and Solution
Problem: Police are severely restricted by their job descriptions and what
they are expected and required to do. Officers seldom spend more than 3 to
5% of their time on crime detection and prevention. Doubling the size of
the police force won't solve the problem. All it will do is increase local
taxes to pay for them, putting the community even deeper in debt that will
reduce and severely restrict other vital services.
Solution: Paying prompt and meaningful rewards would provide the incentive
for tens of thousands of CrimeFighters who would be volunteer patrolmen and
undercover agents, paid on a commission basis. No increase in local taxes
and no long-term financial commitment for million-dollar pensions are
required. In most situations, the lawbreaker would pay the rewards via
lawsuit awards as the alternative to jail.
* * * * * *
Problem: Plea bargaining is a permanent safety valve for the judicial
system. It can't be eliminated. However, it effectively circumvents or
minimizes current rewards that are paid only on a conviction of a felony.
Solution: CrimeFighters can use Qui Tam to control plea bargaining, and
when possible and practical, extract an alternate reward from lawbreakers
themselves via civil suits. Plea bargaining by Crimefighters is still
available and used to alleviate the strain on the courts and penal system.
* * * * * *
Problem: Prosecutors are almost always inexperienced, overworked, and
underpaid. There isn't enough money available now or in the future to
double or triple the number of assistant prosecutors in large cities that
desperately need reinforcements.
Solution: When significant rewards are available, CrimeFighters would be
the prosecutors and negotiate plea bargaining for 90% of their arrests.
Instead of taxpayers paying the salary of state prosecutors, lawbreakers
would be forced to pay CrimeFighters via civil suits when they can afford
it. When plea bargaining isn't successful, and there is sufficient money
involved in potential fines and forfeitures, CrimeFighters would hire their
own, experienced lawyers on a contingency basis. Only five to ten percent
of CrimeFighter cases would be turned over to state prosecutors. When law
enforcement agencies want to prosecute lawbreakers, to get credit for the
case plus 50% of the fines and forfeitures, they can negotiate payment of a
suitable reward in exchange for prosecution rights.
F9 for next Chapter
Reward Law Reform
(and How to Calculate Rewards)
Eight major problems with current reward laws are:
(1) Excessive cost to amend State and federal (reward) laws every year. As
a result many such laws are seldom updated. Specific dollar amount for
rewards aren't increased as often as they should be to keep up with
inflation to make the amount relevant to the times and increasing risks.
Such reward laws wither on the vine. They are no longer effective or used.
(2) Too many variations of reward laws so that they're buried in different
Titles and Sections of the law. By including them within the framework of
specific laws, one at a time, here, there and anywhere, they effectively
buried them. Very few laymen, law officers, or lawyers know they exist.
There should be only one such State or Federal reward law for all felonies
and serious misdemeanors.
(3) Paying rewards at the "discretion" of government agents. I understand
the need to size the reward in proportion to the amount of time, expense,
and personal risk of the informer. That's fair enough and what was
obviously intended by lawmakers. But, this phrase has an ambiguous effect,
and seriously detracts from the intended incentive of rewards. It also
makes negotiations for suitable rewards a prerequisite to disclosure, which
isn't always possible or practical, and encourages shopping for rewards.
(4) Paying rewards upon conviction. Rewards should always be paid upon the
arrest, as in USCS 3059. The requirement of a conviction further decreases
the incentives because of the long delays which often include appeals and
may take years to get a conviction. In the meantime, witnesses "disappear,"
evidence is often lost, and the case eventually dismissed. When a person
knows he may have to wait many years, and is also subject to errors and
omissions from prosecutors and others who are beyond his control, it
significantly detracts from the incentive rewards are supposed to provide.
(5) There are very few Federal or State rewards paid for information on
"serious" misdemeanors. Poachers, for example, are extremely dangerous.
(Game wardens are seven times more likely to be shot at and nine times more
likely to die as a result of injuries sustained than regular police
officers.) Yet poaching is "just" a misdemeanor by itself. Knowing the risk
and small rewards paid, it's just not smart for a citizen to take big
risks for small rewards of about $250 paid by Operation Game Thief.
Drunk driving is "just" a misdemeanor for the first two or three offenses,
but drunk drivers kill and maim thousands of innocent people every year.
Enforcement is minimal. The odds of being caught are about 1,000 to 1.
But there are no rewards to encourage citizens to hound and harrass drunk
drivers. There should be. The CrimeFighters' DDT Patrol will be more
effective than once-a-year setting up drunk driver "check points" and
stopping hundreds of innocent drivers to catch a very small percentage of
seasonal drunk drivers.
Police and federal agents don't want to waste their time on small fry (or
misdemeanors) so they are pretty much left alone. That encourages more
misdemeanor violations, creates disrespect for the law, and usually leads
to more serious felony violations.
(6) Non-negotiable rewards. If rewards aren't negotiated, payment can be
anything bureaucrats may, arbitrarily, decide how much to pay. Negotiating
for serious rewards is required and recommended. But, there may be times
when immediate action is required and there is no time to negotiate. If
there is no written agreement, there is no obligation to pay. The need to
negotiate rewards is evident, but not always practical -- thereby reducing
incentives to take immediate action and risks to apprehend lawbreakers.
(7) Requirement to report to specific bodies. Most rewards are contingent
of reporting the information to the appropriate branch of government and
letting them make the arrests and prosecutions. If they are bypassed by
reporting the vital information to the police department, Crime Stoppers or
WE-TIP, the reward won't be paid. This causes confusion. Who should it be
reported to? If you guess wrong, instead of a possible $25,000 reward from
the FBI, all you might get is $250 from Crime Stoppers or WE-TIP. There
should be only one place to report serious criminal activity, such as the
FBI, regardless of which department may have jurisdiction.
Ideally, using the phone and dialing 911 should be the first place to
report ALL criminal activity pending or in progress to get the fastest
action to make more arrests. But, if you dial 911, you lose any rewards
payable. Present reporting requirements discourage immediate response.
(8) Sharing rewards. Most federal and state forfeiture laws mention the
sharing of fines and forfeitures. In most reward laws, half is paid to the
informer and half paid into a fund from which the law enforcement agency
responsible for the prosecution may draw upon the fund for future law
enforcement purposes. The annual surplus, if any, is paid to the state or
federal government.
If State reward laws are not enhanced, CrimeFighters will use federal laws,
with 50% of the fines and forfeitures going to the Federal government.
That's fair, because they pay the rewards. But communities suffer from the
effects of crime. They need the money for local law enforcement.
If city, county or state governments want to share in the rewards, often
millions of dollars per case, they should pass a reward law that will make
it more attractive for CrimeFighters to use County or State reward laws for
prosecution. When they don't have such a law, they will lose these funds to
the Federal government.
Reward Law Recommendations
Add a new State law via initiatives, or ask legislators to introduce a bill
to make ONE state reward law to replace all Federal reward laws. That's far
easier than trying to get the Federal government to revise a dozen or more
complex laws relating to sentencing and payment of rewards.
The following State reward law would eliminate the necessity of changing
dozens of existing Federal laws; eliminate the need for negotiation; have
only one place (911) to expedite report of criminal activity; would give
full credit and realistic rewards to provide maximum incentives; have a
specific amount and reasonable payment time to make it attractive and
effective; We-Tip, CrimeStoppers and similar organizations would still be
active in the same manner as they are now, to provide confidentiality when
desired, but could advertise significantly larger state rewards without
having to obtain reward money via donations and fund raising events.
A (Proposed) Crime Fighter Reward Law
(1) Any person, not a law enforcement officer of any state or federal
government, who supplies original information directly or indirectly to
any law enforcement agency, which leads to the arrest of a lawbreaker,
or successful prosecution of a civil suit of any individual or business
organization for any violation of a state felony or misdemeanor law, shall
be paid a monetary reward and an equal share of any fines and forfeitures
collected by the court.
(a) The reward to be calculated at the rate of $1,000 for each year, or
proportionately for any fraction thereof, of the maximum jail sentence
possible according to the penalties prescribed by Title 18 USCS 3581, (or
the Revised Statutes of the state), for the class of felony or misdemeanor
committed.
(b) The above reward amount to be paid within 30 days after the arrest of
lawbreakers and based on the original charges deemed appropriate and
supported by evidence obtained by the arresting officers or citizens.
(c) Regardless of the outcome of the case, whether the original charges are
later dismissed or reduced by the prosecutor by plea bargaining, or the
prosecutor fails to obtain a conviction, or if the sentence or fine, or
both, are dismissed, suspended or deferred by the court, the reward in (a)
shall not be reduced or withheld from payment.
(d) When multiple sentences are possible, the largest individual sentence
possible for each defendant shall be used to calculate the reward.
(e) When two or more persons are arrested for the same or directly related
criminal activity, or fines and forfeitures are levied against two or more
persons or business entities, the reward shall be based on their combined
largest individual sentences and on all fines and forfeitures.
(f) Payment of the above reward to be made, within 30 days after the
arrest, by the state Attorney General.
(g) The court shall pay the crime fighter half of any fines and forfeitures
within 30 days after they are collected or paid to the court. The other
half of all fines and forfeitures shall be paid to the police department or
law enforcement agency that is in charge of the of the prosecution.
(h) When the items forfeited are prohibited items that can not be sold or
legally used, such as, but not limited to, machineguns, drugs, marijuana,
or other prohibited items, they shall be retained by the law enforcement
agency involved for law enforcement purposes, drugs may be sold to
hospitals, or destroyed. In such an event, the crime fighter shall be paid
a bonus reward of 25% of the estimated retail value of all such prohibited
items seized. The retail value of such items to be calculated by the
prosecutor immediately after the arrest and forfeiture of the prohibited
items. This bonus payment shall be paid to the crime fighter within 30 days
after the arrest.
(i) In the event the forfeited items are perishable or subject to rapid
depreciation or storage and insurance costs, either the crime fighter or
the law enforcement agency involved shall be authorized to take delivery of
any such forfeited items and sell them at the best possible price. The
proceeds of such sale shall be shared by both parties on an equal basis.
(j) Recognizing that sentences may remain the same for many years with the
same effect and result but a dollar gradually depreciates in value, the
dollar amounts mentioned in (a) shall be increased each year, on January
1st, by the same annual percentage of the Consumer Price Index, rounded to
the nearest multiple of $100, $1,000, $5,000 or $10,000, as appropriate, to
maintain current value and effectiveness of this reward law.
* * * * * *
Memo to lawmakers: Title 28 USCS 2461 is a sample of how civil monetary
penalties laws are updated via the Consumer Price Index. It provides a
useful formula for rounding a fine to the nearest multiple of $100 or
$1,000. Unfortunately, it doesn't apply to fines for criminal offenses.
The Comprehensive Crime Control Act of 1984 and other Criminal Statutes
enacted by the 98th Congress, has revised and updated most of the major
criminal laws. However, many smaller, or less important reward laws are
overlooked. Updates usually take about ten years. In the meantime, the
overlooked laws "shrink" with inflation and wither on the vine
* * * * * *
Calculating CrimeFighter Rewards/Awards
Prison Terms: Guidelines
State laws vary but are similar to Federal laws. Use the following as
guidelines. I've added a dollar amount in brackets ($x,xxx) to show the
proposed CrimeFighter's reward. A possible sentence of "life" would be
provide a $50,000 reward to keep it in proportion to the other rewards.
Title 18 USCS 3581
(a) In general. A defendant who has been found guilty of an offense may be
sentenced to a term of imprisonment.
(b) Authorized terms. The authorized terms of imprisonment are -
(1) for a Class A felony, the duration of the defendant's life or any
period of time; ($50,000)
(2) for a Class B felony, not more than twenty-five years; ($25,000)
(3) for a Class C felony, not more than twelve years; ($12,000)
(4) for a Class D felony, not more than six years; ($6,000)
(5) for a Class E felony, not more than three years; ($3,000)
(6) for a Class A misdemeanor, not more than one year; ($1,000)
(7) for a Class B misdemeanor, not more than six months; ($500)
(8) for a Class C misdemeanor, not more than thirty days; ($100) and
(9) for an infraction, not more than five days. ($0)
(A similar listing of fines and forfeitures is listed in Chapter 5. They
are repeated here for your convenience. Chapter 10 lists sentences and
fines for drug related offenses.)
18 USCS 3571 Sentence of fine.
(a) In general. A defendant who has been found guilty of an offense may be
sentenced to pay a fine.
(b) Fines for individuals. Except as provided in this subsection
(e) of this section, an individual who has been found guilty of an offense
may be fined not more than the greatest of -
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $250,000;
(4) for a misdemeanor resulting in death not more than $250,000;
(5) for a Class A misdemeanor that does not result in death, not more than
$100,000;
(6) for a Class B or C misdemeanor that does not result in death, not more
than $5,000; or
(7) for an infraction, not more than $5,000.
(c) Fines for organizations. Except as provided in subsection (e) of this
section, an organization that has been found guilty of an offense may be
fined not more than the greatest of -
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $500,000;
(4) for a misdemeanor resulting in death, not more than $500,000;
(5) for a Class A misdemeanor that does not result in death, not more than
$200,000;
(6) for a Class B or C misdemeanor that does not result in death, not more
than $10,000; or
(7) for an infraction, not more than $10,000.
(d) Alternative fines based on gain or loss. If any person derives
pecuniary gain from the offense, or if the offense results in pecuniary
loss to a person other than the defendant, the defendant may be fined not
more than the greater of twice the gross gain or twice the gross loss,
unless imposition of a fine under this subsection would unduly complicate
or prolong the sentencing process.
(e) Special rule for lower fine specified in substantive provisions. If a
law setting forth an offense specifies no fine or a fine that is lower than
the fine otherwise applicable under this section and such law, by specific
reference, exempts the offense from the applicability of the fine otherwise
applicable under this section, the defendant may not be fined more than the
amount specified in the law setting forth the offense."
* * * * * *
Comment: Note that under ordinary law, sub-paragraph (d) allows a fine to
be doubled, as in a case of fraud or swindle, such as those often used by
con artists and unethical businesses via illegal practices. Also note that
organizations also pay twice as much in fines resulting in a maximum fine
of up to four times the illegal profit. However, the amount and imposition
of fines are contingent on individual personal or business finances of the
defendant.
Note: The above fines are based on Federal law. Compare your State law on
fines and forfeitures to see which is the best to use. If state (reward)
laws are weak or non-existent, hound, harry and harrass your lawmakers to
do something about it. Having strong, effective reward laws is the first
step to recruit 100,000 or more crime fighters to fight the war on crime.
Crime Stoppers' and We-Tip's Participation
When such a law is passed, all misdemeanors and felonies could be reported
to the local Chapter of Crime Stoppers or We-Tip. They would relay the
information to local police departments the same as they do now. The
difference would be: no need for any negotiations; no need to shop for
rewards; and no need for the CrimeFighter to worry that rewards won't be
paid because someone else makes a mistake or makes a deal with the D.A.
In emergencies, such as witnessing a crime or warning of a pending crime,
911 could be used to get immediate action. The switchboard operator would
first ask for details to initiate an immediate police response, then the
operator would ask for the CrimeFighter's name and address. If the tipster
wants to retain confidentiality, the operator would assign a number to the
case and advise the CrimeFighter to quote that number when they contact We-
Tip or Crime Stoppers for payment of rewards. We-Tip, CrimeStoppers and
similar organizations could, when asked, apply for the reward on behalf of
the anonymous caller, make a cash payment, and provide confidentiality.
CrimeFighters will know they will receive at least a minimum reward and
perhaps more, depending on the severity of the crime and related sentence,
as well as the possibility of their sharing in fines and forfeitures.
When a State law similar to the above is passed, CrimeFighters would be
eligible for the equivalent of federal laws and rewards; CrimeFighters
could perform the (simple) role of prosecutor for all guilty pleas that
doesn't require a jury trial. Or, when a jury trial is required, and there
is sufficient financial incentive, CrimeFighters would be encouraged to
hire their own lawyers to be their assistant prosecutors. In both cases, it
relieves about 90% of the cases sent to the state prosecutor; Rent-a-Judges
could be used to do the sentencing of those who plead guilty, reducing the
number of cases heard by regular judges; and local police departments would
share in the fines and forfeitures to help offset their operating costs.
Recommendation for CrimeFighters
Until State laws are changed, the best way to protect your financial
interests is to assert your right to be the official prosecutor. If any
plea bargaining is done, it should be under your control.
An analysis should be made to ascertain which Federal law provides the
maximum reward. When the lawbreaker has significant assets, and the law
provides for fines and forfeitures, the reward to a CrimeFighter may be
considerably larger through fines and forfeitures via RICO and USCS 3059
than weak or non-existent State (reward) laws.
Most State reward laws are way out of date, pay piddly amounts, if and when
they pay any. When Federal laws can be used, use them for best results.
F9 for next Chapter
CrimeFighters International, Inc. (CFI)
CFI's Goals
* Recruit citizen-based groups of CrimeFighters in every community
* Create a national and international fraternal and social organization
* Work with all law enforcement agencies, but mainly with the FBI
* Sponsor local CrimeFighters' seminars on law enforcement topics
* Publish CrimeFighters' newsletters for CrimeFighters
* Encourage local, state-wide and national CrimeFighters' BBSs
* Persuade lawmakers to replace obsolete, ineffective reward laws
Organization
CFI has been organized to have one or more groups in each city and State,
similar to Crime Stoppers, to encourage the development of CrimeFighters'
lodges throughout the United States, Canada, and other countries with
similar reward laws. Aside from that similarity, CrimeFighters and Crime
Stoppers differ significantly.
CrimeFighters' lodges will be incorporated as non-profit entities, but
they will be membership organizations where each member will have a vote
in the operation, election of directors and officers of their lodge.
CrimeFighters' lodges will be fraternal and social organizations. Their
board of directors will provide a variety of social activities for members.
CrimeFighters will be actively looking for criminal activity. They will
be working (unofficially) for Federal law enforcement agencies. When they
are trained and capable, they will be actively involved in undercover work
and making arrests. They can elect to be prosecutor, do plea bargaining of
their felony suspects, and will have an far more active, interesting and
profitable role in citizen-based law enforcement.
Membership Eligibility
Anyone, regardless of age, race, religion, or sex, may become a member of
CFI. However, any member who is later convicted of any criminal activity,
or any other conduct detrimental to the desirable image of CrimeFighters,
will have their CFI membership revoked.
CrimeFighters' Name and Logo
A sample of a name for your lodge is: "Las Vegas CrimeFighters."
(The name of your city or community to identify your local lodge.)
"CrimeFighters" is a proprietary name owned by Crimefighters International
Inc. Permission to use our name for lodges will be granted free of charge
when applications are accepted by CFI. Permission will continue as long as
the lodge and all its members adhere to the goals and desirable image of
Crimefighters as outlined in this FloppyBook. (CFI guidelines for operation
of local CrimeFighters' lodges will be provided when you receive written
permission to use Crimefighters' name.)
Permission to use CrimeFighters' name and logo can be revoked at any time
should the lodge or any of its members become involved in any disreputable
activity that discredits the desirable image of CrimeFighters.
It is the responsibility of the board of directors of each lodge to closely
supervise and control its members, and to cancel memberships if and when
required. In the event lodges do not supervise and control its members, CFI
may revoke permission for the lodge to use Crimefighters' name and logo,
and all CFI memberships in that lodge will be automatically canceled.
Forming Local Lodges
Charter members will be signed up by CFI to start the membership rolling.
Members who expressed their desire to be directors of local lodges will be
contacted by CFI to incorporate their lodge. When incorporated, the new
lodge will receive an up-to-date membership list of members who live in
their area. The new board of directors will invite members in their
neighborhood to join their newly formed lodge.
From then on, the new lodge will also recruit new members by personal
contact and through Crimefighters' seminars. In addition, CFI will continue
to accept applications generated by this FloppyBook. New members who sign
up with CFI via this FloppyBook will be regular members. They will be told
to contact existing lodges in their area. New members may choose which
lodge he or she wants to join. And, members may transfer membership from
one lodge to another without any penalty or additional cost.
Three months after the lodge is incorporated, a general election will be
held to elect a regular board of directors to replace the incorporating
directors. Each member has one vote. Directors and Officers may be re-
elected by popular vote. Directors elect or appoint a President, Secretary
and Treasurer. Annual elections are according to the lodge's bylaws.
Membership dues for regular members signed up by the lodge's recruiting
efforts will be $20 per year. Ten dollars of the $20 membership dues will
be forwarded to CFI for its increasing administrative expenses.
Incorporation
Most states have similar incorporation requirements and the U.S. Internal
Revenue Service sets out guidelines on how to qualify for a non-profit
status. A sample set of filled-in documents, and accompanying fill-in-the-
blank forms in a professionally-prepared do-it-yourself kit, makes its easy
to inexpensively prepare the paperwork without a lawyer's help. The Kit
costs $29.95 from a legal publisher. They're listed in CRIMCAT.
Incorporation will be via IRS 501(c)(10) a Domestic Fraternal Association,
with "educational" rather than "charitable" purposes as the reason for the
non-profit status.
Educational Goals via Seminars
Lodges will sponsor informal, low-cost, monthly seminars with (possibly) an
FBI agent or local police representative and appropriate lawyers as guest
speakers. Seminars will be open to the public and usually advertised free
in newspapers, TV, and on many public library and supermarket bulletin
boards. Seminars can soft-sell CrimeFighters' concept. Attendees will
be invited to be active or supporting members, and will be asked to contact
active Crimefighters when they have crime-related information.
CrimeFighters' seminars will be used to teach members and the public many
subjects relative to law enforcement. Each month, a different seminar with
different speakers and subjects can provide additional useful information
for citizens and CrimeFighters. Seminars may evolve into "courses", taught
by specialists, on how to make a citizen arrest, drug identification, armed
and unarmed self-defense, and other law enforcement related subjects.
Sponsoring and hosting such seminars will provide CrimeFighters with local
advertising, widespread recognition, and help build public confidence in
local CrimeFighters' groups and their unique role in law enforcement.
Seminar fees of $10 can be charged to attendees to raise funds for lodges,
pay transportation costs of guest speakers, and pay low-cost ($10) room
rent at libraries or public schools. (Check with your library and school
board.)
Tax-Exempt Status
The Federal tax-exempt status under 501(C)(10) is for the organization on
money earned or donated to the lodge. It doesn't provide a Federal tax-
credit to the donor. Since the main fund-raising activity of the lodge is
holding seminars and not in soliciting donations, this isn't as important
to Crimefighters as it is to Crime Stoppers. The Fraternal Association
organization was chosen because it allows the formation of individual
lodges that are self-governing and provide fraternal and social activities.
For specific details, see IRS publication 557, Tax-Exempt Status for Your
Organization, Page 33, 501(C)(10).
Getting Started
CFI will process membership applications for Charter Members and will issue
membership cards. During the lodge's formative stages in areas where there
are no local lodges, CFI will list new members' names, addresses and phone
numbers (when authorized by the new members) in CFI's monthly newsletters
to help current members make contact with each other.
When there are three or more members in an area, they may decide to start a
lodge. (Three or more are required for non-profit corporation). They can
then recruit new members and hold official meetings. Meetings will be
partly social and partly business discussion.
Informal meetings can be held at coffee shops or restaurants (between meal
times) or at a member's home. For larger groups, many restaurants have a
separate dining room available for wedding receptions. They also make them
available for breakfast, lunch or dinner meetings. Once a week luncheon
meetings is generally the best time for informal or social meetings. The
cost is minimal, often being only the cost of regular meals. Libraries and
schools have meeting rooms or classrooms available, either free of charge
or a $10 - $20 cleaning fee.
The cost of incorporating is about $100 when you can use the forms in the
do-it-yourself kit -- or $300 if you hire a lawyer to do it for you. All
incorporation costs will be reimbursed to key members from funds later
available in the lodge's bank account.
To raise funds, lodges will sponsor CrimeFighters' Seminars and solicit
membership applications for new members and collect membership dues. Lodges
will keep 50% of the fees collected (currently $20). The other 50% (or $10)
will be mailed to CFI with the application for registration and issuance of
CFI membership cards. Any profits from seminars, will accrue to the lodge's
bank account to defray their operating expenses.
Computers and BBSs
CrimeFighter lodges can set up BBSs to provide CrimeFighters' services as
skip tracers to members without computers, dial up other BBSs to coordinate
activities, and provide local Crimefighters' forums.
Local BBSs should be available to the public to: post rewards for local
crimes; advertise local seminars; make available current versions of Crime-
Fighters' FloppyBooks; and provide inexpensive advertising to recruit new
members for the lodge.
A state-wide BBS will be established to receive inquiries and pass on
information as a relay station to all CrimeFighters' BBS in their state.
Lodges in that state will contact the state BBS for up-to-date Crime-
Fighters-related information and local (state) laws.
After State BBSs have been established, CFI will exchange information from
and to state BBSs only. That way, CFI's limited resources won't be over-
whelmed by (possibly) thousands of callers nationwide. In the meantime,
until a CrimeFighters' BBS is operational in your area, CFI will answer all
requests for additional information by mail only.
Newsletters: Sharing Knowledge and Experience
Members are asked to submit any information they feel would be helpful
to other CrimeFighters. The CFI electronic newsletter (in FloppyBook
format) will feature a nationwide CrimeFighters' forum to provide on-going
discussion of matters relating to law enforcement. Questions asked one
month will be answered the following month by other members, like they are
in BBS forums and magazines. Monthly newsletters may include legal advice
from lawyers and feedback from law enforcement personnel.
Local CrimeFighters' BBSs will also be used as collection points for items
of interest and comments from local law enforcement agents, which will be
forwarded to CFI for inclusion in newsletters when they're considered to
have a common interest for all members.
CrimeFighters' Newsletters will mention each successful CrimeFighter's
contribution to fighting crime. This will include a report on their success
as well as errors made, rewards paid, by whom, and the name, office address
and phone number of cooperative federal agents who work with CrimeFighters.
A report from all CrimeFighters of the amount of assistance and attitude of
their case agents will be very useful as a guide to other CrimeFighters in
the same area. In this manner, good or bad experiences of each member can
be shared by all for mutual benefit.
The newsletter will also mention, from time to time, various products of
interest to CrimeFighters. These items may be available at a substantial
discount because of the combined purchasing power of CFI membership.
Uniforms
Unlike the Guardian Angels and other civilian police patrols who want to be
identified and highly visible to deter crime, CrimeFighters will not wear
distinctive clothing when "on the job." A CrimeFighter's uniform will be
regular street clothes, suitable to the area and CrimeFighter assignment.
An exception may be security personnel who have their own (security guard)
uniforms and choose to wear them on CrimeFighter Patrols.
CrimeFighters may, during special occasions, wear CFI insignia on T-shirts,
nylon jackets, baseball caps, and shoulder patches. (Example: Large white
C.F.I. letters on the front and back of dark blue jackets and baseball
caps.) This might be appropriate during social affairs and lodge meetings.
They may also be helpful for fast identification when making arrests of
lawbreakers - like the FBI, DEA, ATF and CIA use as their "battle dress."
Individual Membership Benefits
(1) You will have an opportunity to make a better than average income, and
provide a needy and useful law enforcement service to your community.
(2) Membership cards from C.F.I. do not have any official law enforcement
status. But, ID cards might be useful when Crimefighters are (unofficially,
and eventually) recognized by the FBI and local police. ID cards can be
helpful when a CrimeFighter is found loitering or "acting suspicious" while
on a stakeout or patrol.
When anyone asks "what authority do you have?", show them your ID card.
The wording on the front of the card quotes Title 18 USCS 3059 as your
legal authority to make felony arrests in any state. It also states your
Qui Tam right to be the prosecutor of those you arrest or provide infor-
mation leading to their arrest. That's your authority.
(3) Monthly newsletters will be distributed on FloppyBooks to each state
coordinator's BBS. They can be then downloaded by members with computers,
or printed for non-computer owners. The newsletter will keep members up-to-
date as to what's happening with other lodges, with CFI, and any changes in
the federal and state reward laws they should know about.
(4) All CrimeFighters' seminars will be free of charge to members, or at
minimum cost to defray actual expenses.
(5) The Domestic Fraternal Association status under IRS (501(C)(10) allows
group membership insurance eligibility. Full time CrimeFighters and members
without adequate insurance may want to exercise this group insurance plan
option in the near future. A large, national organization can obtain a
group policy with significantly lower premiums than individual plans.
(6) Discounts on a wide variety of CrimeFighter equipment as well as
popular general merchandise will be available in the near future because
of the purchasing clout of thousands of members. Monthly newsletter will
list items and their discounted prices.
(7) Social activities provide members with the opportunity to make friends
and evaluate each other's capabilities as potential partners or backups.
Members can share experiences and CrimeFighter equipment, provide training
to new members, and form various special-purpose teams such as DDT Patrols,
and narc teams.
(8) Annual conventions will provide an opportunity for delegates of each
lodge to make suggestions to maximize effectiveness of citizen-based law
enforcement. Conventions will provide the opportunity for delegates to meet
other members, encourage cooperation between lodges, and foster national
unity and common goals.
(9) Recognition of the name and logo will (eventually) provide status and
certain privileges to members from the public, news media and law enforce-
ment agencies in the United States, Canada, and participating countries.
(10) Membership paraphernalia, such as lapel pins, baseball caps, T-shirts,
shoulder patches, and car window decals will be made available from CFI
when there are enough members requesting them. (Newsletters will make the
announcements.)
F9 for Next Chapter
M E M B E R S H I P O P T I O N S
Option 1
For $10.00 you can become a Charter Member of CrimeFighters International,
Inc. This option provides a membership card and entitles you to attend
membership meetings at local CFI lodges.
The card comes with a folded plastic sheet which is used to emboss the card
after you have inserted your picture. When embossed, it can be trimmed to
the size of your driver's license. (Embossing is done with a regular flat
iron. A laminating kit with instructions is included with the I.D. card.)
The actual membership card looks far nicer and more impressive than the
following sample because of the limitations of ASCII text. Also not shown
here is the phantom image of the CrimeFighter logo in the background.
===========================================================================
* C R I M E F I G H T E R *
(large bold type with white letters on black background)
===========================================================================
C r i m e F i g h t e r s I n t e r n a t i o n a l, Inc.
certify that
____________________________________________________
is a member of Crimefighters International, Inc. and
authorized by Federal law Title 18 USCS 3059 to make
place citizen arrests of felony lawbreakers anywhere in the
U.S.A., and, under Qui Tam common law, upheld by the
P H O T O U.S. Supreme Court, to be the prosecutor of suspects
he or she arrests or provides information leading to
here their arrest. Law enforcement agencies are requested
to provide their assistance when asked.
__________________________________
Issued | Expires
________________|_________________
Signature of
Authenticating Official
Card No. 007 (__________________________)
===========================================================================
The back of membership cards has places to indicate relevant information
that may be used for I.D. and emergencies. You fill in this information
and insert a recent photograph before you laminate your card.
===========================================================================
Persons to contact in emergencies:
Age
Weight
Law officer references, name and phone no.
Height
Lawyer's name and phone number Hair color
Eye color
Medical allergies/restrictions/etc.
Blood Type
Other information: Race
==========================================================================
Option 2
For $14 you get the latest version (2.0+) of CrimeFighters' FloppyBook.
You'll also receive a membership card and Charter Membership status for 12
months in Crimefighters International, Inc.
Use this option to get early delivery of version 2.0+ of CrimeFighters'
book in FloppyBook format directly from CFI. Your membership card will be
delivered immediately, and version 2.0 of CrimeFighters' Floppybook will be
made as soon as possible after revisions are made from nationwide feedback.
Option 3
For $22 you get a professionally printed and bound copy of version 2.0 of
CrimeFighters book at a member's discount price of $9. ($22 price includes
$3 shipping costs + $10 for membership.) You'll also get a membership card
and Charter membership status for 12 months.
The First batch of printed books from our printer will be delivered around
December/January '94. The time delay is to obtain feedback and make changes
to version 1.0. Then the manuscript will be forwarded to our printer who
needs about 30 days to schedule the printing. Delivery will be made as soon
as possible thereafter. (Advance orders will be appreciated. They provide
funding for printing large orders and makes discount prices possible.)
The membership application form is on a separate ASCII file called
APPLIC.DOC. Use the PRINTAPP.BAT file to print it on your printer.
(End of CRMFTR1 FloppyBook)
FBHF#><00>='  INTERFACE <20> CONST hcNoContext = 0; hcHFileOpen = 1; hcHZoom = 2; hcHJumpChapter = 3; hcHFile = 4; hcHNextWindow = 5; hcHLastWindow = 6; hcHPrevChap = 7; hcHNextChap = 8; hcHQuit = 9; hcHSaveDesk = 10; hcHLoadDesk = 11; hcHCurBook = 12; hcHCurChap = 13; hcHMenu = 14; hcHPrint = 15; hcHUtilities = 16; hcHAbout = 17; hcHWindow = 18; hcHResize = 19; hcHDelBkmrk = 20; hcHMouse = 21; hcHColors = 22; hcHDosShell = 23; hcHChangeDir = 24;  IMPLEMENTATION  END. '"B The FloppyBook Help Menu <20> F1 <20> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>ͼ pOn-line help can be popped up from anywhere within the program to give you information about available options. O The following information provides a quick tutorial. Scan it any time via F1. <20> In addition, you can get information on any specific function that's HIGHLIGHTED within any menu bar by pressing F1. The help file is context sensitive within windows to explain each particular function that is highlighted. % Scrolling and Moving Around <0A> Up/Down ARROWS These keys will scroll your display up or down one line at a time in both the book read mode or in the help menus. +* Holding a key down accelerates movement. " Tap the key once for each line. z Left/Right ARROWS These keys will scroll your display left or right in both the book read mode or in the help menus. -* Use only when the text or spreadsheet runs  off the screen to the right. <0A> PgUp/PgDn These keys will scroll your display up or down one screen page at a time in both the book read mode or the help menus. +* Holding a key down accelerates movement. " Tap the key once for each page. <0A> MOUSE - Point and Shoot Use the mouse to make a selection. Place cursor on any function that you wish and press the left mouse button. +* There is NO mouse support while the help  windows are active. f SCROLL BAR Up/Down This bar indicates your current position within a chapter or in the help file. [ You can use the mouse on the VERTICAL scroll bar to scroll down a page in the chapter. &* This function is NOT available with  the help windows. n SCROLL BAR Bar Left/Right This bar will indicate your current position on a given line within any window.  SHORT-CUT KEYS <20> Alt-F C - Select a Chapter Alt-F P - Previous Chapter Alt-F N - Next Chapter Alt-W Z - Zoom Window Alt-W R - Resize/Move Window Alt-W S - Switch Active Windows Alt-P B - Print Entire Book Alt-P C - Print a Chapter in Book Alt-U S - Save Book Mark Alt-U D - Delete Book Mark Alt-U M - Mouse Setting Alt-U C - Screen Colors Alt-U O - Drop to DOS Alt-U - View Copyright Notice ESC - Exits (or cancels) any Menu L Alt-F - Select the Files Menu Pressing Alt-F key sequence places you in the Files Menu to select a chapter. <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>Ŀ <20> Select a Chapter F7 <20> <20> Previous Chapter F8 <20> <20> Next Chapter F9 <20> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>Ĵ <20> Exit Program Alt-X <20> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD> y Alt-W - Select the Window Menu Pressing Alt-W key sequence places you in the Window Menu to manipulate window sizes as well as their location on-screen. <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>Ŀ <20> Zoom Current Window F3 <20> <20> Resize/Move Window Ctrl-F5 <20> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>Ĵ <20> Switch Active Windows F6 <20> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD> )* Zoom Windows has limited use in Crime- R Fighters book and CRIMCAT, but may be useful in other books by other authors. n Version 1.0 of this program limits viewing to Chapter .000 (Book Directory) and the current chapter only. <0A> Alt-P - Select the Print Menu By pressing Alt-P key sequence you will be placed in the Print Menu which allows you to select