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FREEPER ACTIVISM (The Hobbs Act violated if duly-elected officials under oath aid and abet illegals)
4/7/06

Posted on 04/07/2006 8:14:33 AM PDT by Liz

Each and everyone of us should report the improper use of goverment funds (municipal tax funds) for illegal aliens and illegal purposes. The sustainable argument would be that investors and holders of municipal tax-exempt bonds for transportation and highways, municipal school bonding, utilities bonding, and the like, have been placed in financial jeopardy if towns engaged in fiduciary negligence and misused government funds. The SEC does not like to hear that tax-exempt bondholders have been jeopardized. They should be advised of your concerns. EMAIL enforcement@SEC.gov

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This argument also applies to fiduciaries such as municipal bonding agents, and banks doing business with municipalities. Most bonding agents conducting municipal business are registered broker-dealers and members of the National Association of Securities Dealers (NASD) and the Securities Investor Protection Corporation (SIPC). NASD and SIPC should also be contacted regarding your concerns about illegal activity.

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Fiduciaries such as banks doing business with municipalities that are conducting illegal activity are jeopardizing bank patrons, shareholders, and depositors and should be reported as follows: The Office of the Comptroller of the Currency (OCC) is the primary federal regulator for national banks. The OCC's Customer Assistance Group is available to assist customers with questions or complaints concerning national banks. Email to Customer.Assistance@occ.treas.gov. General information about the Customer Assistance Group is available on their web site: http://www.occ.treas.gov/customer.htm.

You can reach one of the OCC Customer Assistance Specialists by calling toll free number, 1-800-613-6743, Monday-Thursday, 9-4, and Friday 9-3.

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Moreover, if municipalities misused the FDIC sanctioning power of banks in improper ways, to engage in illegal activity with government funds, they seriously compromised the US banking system. That should also be pursued with the FDIC.

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Finally, if duly elected federal, state, county and municipal officials, under oath of office, are aiding and abetting illegals:

to break US laws,

to take job payments under the table,

to not report tax implications,

to aid and abet accounting fraud,

to obtain the unlawful right to vote in our elections, to ignore phony documentation, and,

if elected and appointed officals did, in fact, allow illegals to break the law to serve on official municipal councils, and if illegals are making monetary (taxing) decisions for U.S. citizens, and,

if elected and appointed officials took campaign contributions from said illegals, and in the process, deliberately ignored US laws in exchange for campaign contributions, this could be characterized as extortion, and/or bribery, and a violation of The Hobbs Act.

The Hobbs Act was used recently to nail four Tenn state legislators and their aids in an extortion scheme. The TENN groups was arrested under the federal Hobbs Act, charging extortion, conspiracy to extort and attempted extortion, and accepting bribes by an agent of the state.

The Hobbs Act covers extortion by public officials, as follows: 2403 Hobbs Act -- Extortion By Force, Violence, or Fear

The Hobbs Act regulates extortion and robbery, which Congress has determined have a substantial effect on interstate and foreign commerce by reason of their repetition and aggregate effect on the economy. Therefore, the proscribed offenses fall within the category of crimes based on the Commerce Clause whose "de minimis character of individual instances arising under [the] statute is of no consequence."

Primary investigative jurisdiction of offenses in 18 U.S.C. § 1951 lies with the Federal Bureau of Investigation. The Inspector General's Office of Investigations, Division of Labor Racketeering (formerly the Office of Labor Racketeering), United States Department of Labor, is also authorized to investigate violations of 18 U.S.C. § 1951 in labor-management disputes involving the extortion of property from employers by reason of authority conferred on investigators as Special Deputy United States Marshals. Supervisory jurisdiction over 18 U.S.C. § 1951 is exercised by the following offices with respect to the offenses noted:

1. Extortion under color of official right or extortion by a public official through misuse of his/her office is supervised by the Public Integrity Section, Criminal Division.

2. Extortion and robbery in labor-management disputes is supervised by the Labor-Management Unit of the Organized Crime and Racketeering Section, Criminal Division.

3. All other extortion and robbery offenses not involving public officials or labor-management disputes are supervised by the Terrorism and Violent Crimes Section, Criminal Division.

SOURCE October 1997 Criminal Resource Manual 2403 http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm02403.htm


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1 posted on 04/07/2006 8:14:39 AM PDT by Liz
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To: Liz

Excellent, Thanks to all Freepers who are thinking outside the box and educating the rest of us on how to fight this serious battle placed before us.


2 posted on 04/07/2006 8:19:13 AM PDT by stopem (What is the true intent of the illegal invaders?)
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To: lemura; Don Joe; hedgetrimmer

The SEC should be notified in cases where employers who are officers of publicly-held companies colluded in schemes that may have included misusing corporate reserve accounts, concealing losses, inflating asset values and improperly accounting for transactions, as well as deferring profits into reserve accounts, improperly shifting capital funding to other projects, in order to hide payments to illegal aliens.


3 posted on 04/07/2006 8:20:44 AM PDT by Liz (Liberty consists in having the power to do that which is permitted by the law. Cicero)
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To: Liz

Thank you, Liz.....there are several other federal statues concerning immigration and illegal entry our government is not adhering to also to say the least......


4 posted on 04/07/2006 8:24:59 AM PDT by RSmithOpt (Liberalism: Highway to Hell)
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To: stopem

Civic-minded FReepers should alert authorities to possible wrongdoing and ask law-enforcement organizations to determine the culpability of state and municipal elected officials’ complicity in failing to enforce ilegal alien laws and the extent to which these failures violate the civil rights of Americans.

Elected officials may be violating their oaths of office by failing to act as required on complaints of known incidences of wrongdoing and by failing to follow government-mandated regulatory reviews.

This oculd be a violation of Penal Law .135.60 COERCION IN THE SECOND DEGREE (a Class A misdemeanor).

PENAL LAW 135.60 (Committed on or after September 1, 1967) is Coercion in the Second Degree. When an individual uses or abuses his/her position as a public servant by performing some act within or related to his or her official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely. Perform any (other) act which would not in itself materially benefit1the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships. The term(s), ("crime"), ("public servant") used in this definition has its own special meaning in our law.


PUBLIC SERVANT means any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state, or any person exercising the functions of any such public officer or employee. The term public servant includes a person who has been elected or designated to become a public servant. CRIME means a misdemeanor or a felony.


5 posted on 04/07/2006 8:25:34 AM PDT by Liz (Liberty consists in having the power to do that which is permitted by the law. Cicero)
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To: RSmithOpt
........there are several other federal statues concerning immigration and illegal entry our government is not adhering to also to say the least......

Civic-minded FReepers should alert law-enforcement authorities to possible wrongdoing and ask law-enforcement organizations to determine the culpability of state and municipal elected officials’ complicity in failing to enforce ilegal alien laws and the extent to which these failures violate the civil rights of Americans.

Elected officials may be violating their oaths of office by failing to act as required on complaints of known incidences of wrongdoing and by failing to follow government-mandated regulatory reviews.

This could be a violation of Penal Law .135.60 COERCION IN THE SECOND DEGREE (a Class A misdemeanor).

PENAL LAW 135.60 (Committed on or after September 1, 1967) is Coercion in the Second Degree. When an individual uses or abuses his/her position as a public servant by performing some act within or related to his or her official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely. Perform any (other) act which would not in itself materially benefit1the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships. The term(s), ("crime"), ("public servant") used in this definition has its own special meaning in our law.

PUBLIC SERVANT means any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state, or any person exercising the functions of any such public officer or employee. The term public servant includes a person who has been elected or designated to become a public servant. CRIME means a misdemeanor or a felony.

6 posted on 04/07/2006 8:28:52 AM PDT by Liz (Liberty consists in having the power to do that which is permitted by the law. Cicero)
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To: Liz

The sad part is....nothing can or will be done. To many of our fellow Americans are too busy watching sports, Oprah/Phil, American Idol.

They figure the rest of us will take care of them as they play.

When they wake up out of their TV induced coma, they will be living in the United States of Mexico and wonder what happened.

Sheep.....Nothing but sheep.


7 posted on 04/07/2006 8:30:22 AM PDT by MadeInAmerica (- If ILLEGAL means Undocumented - Then Breaking and Entering means Wealth Redistribution)
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To: Iron Matron; BootsOfEscaping; GrandEagle; meenie; monkeywrench; EagleMamaMT; hispanichoosier; ...

FYI


8 posted on 04/07/2006 8:39:50 AM PDT by hedgetrimmer ("I'm a millionaire thanks to the WTO and "free trade" system--Hu Jintao top 10 worst dictators)
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To: stopem
The trick is to use the civil courts to sue and collect damages from entities that violate tax/immigration law. Both Fed & State DOJs will not criminally prosecute wrongdoers - that means it's up to citizens.

The missing link is to have an ironclad rationale from a class-action perspective. Gov't, commercial and non-profits routinely pay out damage awards brought by plaintiffs who have proven that they were harmed.

If citizens, either at the local, district, city, county, state, Fed, etc levels were (1) recognized as a class for purposes of filing a lawsuit, (2) could prove a tangible link to actual harm, then we might have the tool to roll-back illegals.

9 posted on 04/07/2006 8:39:56 AM PDT by lemura
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To: MadeInAmerica
To many of our fellow Americans are too busy watching sports,

We need to be watching ports not sports.
10 posted on 04/07/2006 8:40:58 AM PDT by hedgetrimmer ("I'm a millionaire thanks to the WTO and "free trade" system--Hu Jintao top 10 worst dictators)
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To: MadeInAmerica
To many of our fellow Americans are too busy watching sports

And that's the beauty of the Net, my FRiend. Turn MySpace into MyActivism so millions of couch potatoes can take part in any class-action awards. Auto-filled forms + % of the action = citizen army of process servers serving any/every business they see employing illegals.

11 posted on 04/07/2006 8:43:01 AM PDT by lemura
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To: lemura

Excellent Idea. Excellent.


12 posted on 04/07/2006 8:51:48 AM PDT by MadeInAmerica (- If ILLEGAL means Undocumented - Then Breaking and Entering means Wealth Redistribution)
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To: lemura; Smokin' Joe; Zetman; backhoe; Cvengr; MaDuce; Sir Francis Dashwood; RoadTest; ClaireSolt; ..
Investors in tax-exempt municipal bonds, transportation, and school bonding issues (which may involve illegal activity), should ask that the National Association of Securities Dealers (NASD) eye the political contributions of banks engaged in municipal bonding, and whether politicians received favorable loans, in exchange for giving municipal underwriting business to banks.

Politicians may also have jeopardized their fiduciary duties by misusing municipal funds, and engaging in illegal activity. Politicians may have received campaign donations from illegal aliens and illegals' support groups, as well.

In one publicized case, NASD probed Commerce Bank to see if it was paying politicians to win lucrative municipal bond deals. Employees of Commerce bank received a letter from the NASD asking them to detail any political contributions to any of Commerce Bank's political action committees with explanations about how the contribution might have been solicited.

The NASD request asks for an "explanation regarding how you were made aware of these PACs and how you could contribute to them." The letter also asks for very specific details about who inside and outside the bank was soliciting contributions and how the various PACs operated.


NASD's inquiry is not Commerce Bank's first run-in with respect to shady business dealings between employees and politicians. In July, Commerce Bank shuttered its municipal bond sales group after two of the bank's executives were indicted in an influence-peddling scandal.

The indictment named 12 individuals in a pay-to-play arrangement involving the city's former treasurer, who is alleged to have doled out municipal bond deals, deposits and credit lines to financial institutions in exchange for wining and dining the politician and giving the city treasurer favorable loans. The executives have pleaded not guilty and the bank has said that neither the firm nor its employees did anything wrong.

Rules prohibit banks from making political contributions in an effort to win municipal bond deals after massive so called "pay-to-play" scandals roiled the markets in the early 1990s.

Specifically, securities firms are banned from underwriting bonds for two years if the firm or its employees or its PAC make contributions to politicians with the power to control the awarding of underwriting business.

These activities would jeopardize investors in tax-exempt municipal bonds, highway bonds, and school bonding issues. Report your concerns to enforcement@SEC.gov.
13 posted on 04/07/2006 8:52:28 AM PDT by Liz (Liberty consists in having the power to do that which is permitted by the law. Cicero)
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To: Liz
Liz, couple your posts with a little of the tidbit information below maybe then, the civil lawsuits can begin.

Why is it we cannot get the government to enforce its own law??

So, what's the point of paying the whimps on The Hill to draw up and pass new legislation?

What's the point of paying taxes for open borders to exist and all the associated fiscal, criminal, and medical related issues of a lot of illegals that are simply walking in? Just so Corporate America can improve its bottom line?

Thought slavery of any kind had been outlawed......guess economic slavery isn't slavery in the minds of the oligarchy on The Hill and Corporate America.

Following is a list and excerpts of laws already in place out federal government chooses to enforce some a little here and then a little there, but mostly, never. If the immigrants do not work through the system, then we have no earthly idea as to the risks of an individual illegal. Plain and simple truth.

Why is it Rush, Hannity, or any other conservatives that have air time are not asking the politicians as to why the states and the feds simply do not enforce existing laws in place.

WHY???

ALL SHOULD RESEARCH AS TO WHAT NOT IS BEING ENFORCED ACCORDING TO LAW!!

So, spread the word WE ARE GETTING SCREWED!!

Here are some of the statutes and recent changes to immigration law The President, Vice-President, the Congress, the federal Judiciary, INS, ICE, and all states that are bound to enforce federal regulation, etc., are sworn to uphold while employed as an agent of the United States government.:

§ 1182. Inadmissible aliens Inadmissible aliens

1) Health-related grounds

(A) In general Any alien—

(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,

(ii) except as provided in subparagraph

(C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)—

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

§ 1227. Deportable aliens

Deportable aliens

(a) Classes of deportable aliens Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

(1) Inadmissible at time of entry or of adjustment of status or violates status

(A) Inadmissible aliens Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.

(B) Present in violation of law Any alien who is present in the United States in violation of this chapter or any other law of the United States is deportable.

(C) Violated nonimmigrant status or condition of entry Generally speaking, anyone physically and legally entering into the U.S. will be treated as a citizen, with all rights guaranteed a citizen. There are some exceptions to this general rule.

For example, while entering the United States (and physically in the United States), a foreign national can be detained and expelled. In some cases, detention is for an unlimited amount of time, and some illegal immigrants have been held for years on end at taxpayers expense.

So, for Article II, sections 1 and 2:

".... Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:-"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." (....."and to protect the country from harm, both foreign and domestic.)

Section. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. and with that:

SUBCHAPTER I—ELIGIBILITY FOR FEDERAL BENEFITS Release date: 2004-02-11 # § 1611.

Aliens who are not qualified aliens ineligible for Federal public benefits # § 1612. Limited eligibility of qualified aliens for certain Federal programs

# § 1613. Five-year limited eligibility of qualified aliens for Federal means-tested public benefit

# § 1614. Notification and information reporting

# § 1615. Requirements relating to provision of benefits based on citizenship, alienage, or immigration status under the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, and certain other acts.

22. Act of March 3, 1893 (27 Statutes-at-Large 570) Provisions:

1. Added to the reporting requirements regarding alien arrivals to the United States such new information as occupation, marital status, ability to read or write, amount of money in possession, and facts regarding physical and mental health. This information was needed to determine admissibility according to the expanding list of grounds for exclusion.

2. Established boards of special inquiry to decide the admissibility of alien arrivals.

127. Immigration Marriage Fraud Amendments of November 10, 1986 (100 Statutes-at-Large 3537) Provisions:

a. Stipulated that aliens deriving their immigrant status based on a marriage of less than two years are conditional immigrants. To remove conditional status, the alien must apply within 90 days after their second-year anniversary of receiving conditional status.

b. Required alien fiance(e)s of U.S. citizens to have met their citizen petitioner in person within two years of the date the petition was filed.

142. Illegal Immigration Reform and Immigrant Responsibility Act of September 30, 1996 (110 Statutes-at-Large 3009) Provisions:

1. Established measures to control U.S. borders, protect legal workers through worksite enforcement, and remove criminal and other deportable aliens:

1. Increased border personnel, equipment, and technology as well as enforcement personnel at land and air ports of entry;

2. Authorized improvements in barriers along the Southwest border;

3. Increased anti-smuggling authority and penalties for alien smuggling;

4. Increased penalties for illegal entry, passport and visa fraud, and failure to depart;

5. Increased INS investigators for worksite enforcement, alien smuggling, and visa overstayers;

6. Established three voluntary pilot programs to confirm the employment eligibility of workers and reduced the number and types of documents that may be presented to employers for identity and eligibility to work;

7. Broadly reformed exclusion and deportation procedures, including consolidation into a single removal process as well as the institution of expedited removal to speed deportation and alien exclusion through more stringent grounds of admissibility;

8. Increased detention space for criminal and other deportable aliens;

9. Instituted 3- and 10-year bars to admissibility for aliens seeking to reenter after having been unlawfully present in the United States;

10. Barred re-entry of individuals who renounced their U.S. citizenship in order to avoid U.S. tax obligations.

2. Placed added restrictions on benefits for aliens:

1. Provided for a pilot program on limiting issuance of driver's licenses to illegal aliens;

2. Declared aliens not lawfully present ineligible for Social Security benefits;

3. Established procedures for requiring proof of citizenship for Federal public benefits;

4. Established limitations on eligibility for preferential treatment of aliens not lawfully present on the basis of residence for higher education benefits;

5. Provided for verification of immigration status for purposes of Social Security and higher educational assistance;

6. Tightened the requirement for an affidavit of support for sponsored immigrants, making the affidavit a legally binding contract to provide financial support;

7. Provided authority of States and political subdivisions of States to limit assistance to aliens in providing general cash public assistance;

8. Increased maximum criminal penalties for forging or counterfeiting the seal of a Federal department or agency to facilitate benefit fraud by an unlawful alien.

3. Miscellaneous provisions:

1. Recodified existing INS regulations regarding asylum;

2. Provided that the Attorney General's parole authority may be exercised only on a case-by-case basis for urgent humanitarian reasons or significant public health.

3. Created new limits on the ability of F-1 students to attend public schools without reimbursing those institutions;

4. Established new mandates for educational institutions to collect information on foreign students' status and nationality and provide it to INS;

5. Tightened restrictions regarding foreign physicians' ability to work in the United States;

6. Added new consular processing provisions and revised the visa waiver program.

14 posted on 04/07/2006 9:08:11 AM PDT by RSmithOpt (Liberalism: Highway to Hell)
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To: Liz
>>This oculd be a violation of Penal Law .135.60 COERCION IN THE SECOND DEGREE (a Class A misdemeanor).

PENAL LAW 135.60 (Committed on or after September 1, 1967) is Coercion in the Second Degree. When an individual uses or abuses his/her position as a public servant by performing some act within or related to his or her official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely. Perform any (other) act which would not in itself materially benefit1the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships. The term(s), ("crime"), ("public servant") used in this definition has its own special meaning in our law.<<

Every bureaucrat and every elected official in America is guilty of this crime. Every taxpayer in America who has ever paid taxes has had their financial condition injured. The Courts choose to ignore this injury.

We need to find one that is a felony to get their attention.

15 posted on 04/07/2006 9:08:47 AM PDT by B4Ranch (Immigration Control and Border Security -The jobs George W. Bush doesn't want to do.)
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To: RSmithOpt

The President, Vice-President, the Congress, the federal Judiciary, have all violated their Oath of Office.


16 posted on 04/07/2006 9:10:46 AM PDT by B4Ranch (Immigration Control and Border Security -The jobs George W. Bush doesn't want to do.)
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To: B4Ranch

You Betcha!!! So, seems as though 'Oligachy - US Style' is here to stay.


17 posted on 04/07/2006 9:20:47 AM PDT by RSmithOpt (Liberalism: Highway to Hell)
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To: B4Ranch
Every bureaucrat and every elected official in America is guilty of this crime. Every taxpayer in America who has ever paid taxes has had their financial condition injured. The Courts choose to ignore this injury....... Penal Law .135.60 COERCION IN THE SECOND DEGREE (a Class A misdemeanor). PENAL LAW 135.60 (Committed on or after September 1, 1967) is Coercion in the Second Degree. When an individual uses or abuses his/her position as a public servant by performing some act within or related to his or her official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely. Perform any (other) act which would not in itself materially benefit1the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships. The term(s), ("crime"), ("public servant") used in this definition has its own special meaning in our law.

We need to find one that is a felony to get their attention.

Okay, we're on the case. This will get done.

18 posted on 04/07/2006 9:25:47 AM PDT by Liz (Liberty consists in having the power to do that which is permitted by the law. Cicero)
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To: B4Ranch
Not sure as to exactly where it is in our federal law, but, "commission of a misdemeanor on federal property can be prosecuted as a felony". I had a US park ranger to inform me of this years ago on the Blue Ridge Parkway....he gave the section number and showed me in his summary law book...can't recall that section. Same law applies now (and ha been in effect for years) for all US military installations.
19 posted on 04/07/2006 9:25:54 AM PDT by RSmithOpt (Liberalism: Highway to Hell)
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To: RSmithOpt

Nice contribution to the thread.

Now, to give patriots the benefit of the doubt-----the latest Congressional inititive has concentrated attention on the problem as never before.

And besides, the internet was not a factor then that it is today.

We, the Digital Army, will take it from here.


20 posted on 04/07/2006 9:29:36 AM PDT by Liz (Liberty consists in having the power to do that which is permitted by the law. Cicero)
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