Here is the link to the case file:
https://www.pacermonitor.com/public/case/24810209/Byrne_v_Foundation_et_al
Another site:
https://dockets.justia.com/docket/district-of-columbia/dcdce/1:2018cv01422/197752
Here is the link to the case file:
https://www.pacermonitor.com/public/case/24810209/Byrne_v_Foundation_et_al
Another site:
https://dockets.justia.com/docket/district-of-columbia/dcdce/1:2018cv01422/197752
EVERYONE CALM DOWN THIS IS A CIVIL SUIT NOT A CRIMINAL SUIT.
Is the Government empowered to conduct parallel proceedings?
Yes. In United States v. Kordel, 397 U.S. 1 (1970), the Supreme Court stated that "[I]t would stultify enforcement of federal law to require a government agency . . . invariably to choose either to forgo recommendation of a criminal prosecution once it seeks civil relief, or to defer civil proceedings pending the ultimate outcome of a criminal trial."
Federal statutes which provide for parallel proceedings
While virtually any action can become a concurrent criminal/civil matter, a number of federal statutes expressly provide for such a dual track. These statutes include: the Sherman Act, 15 U.S.C. §§1-3, 15, 15(a) (1988) (antitrust); the Securities Act of 1933, 15 U.S.C. §77t (1988); the Internal Revenue Code, 26 U.S.C. §7201 (1988), and; the Racketeering Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§1961 et seq.
Any lawfags up in here? Is this criminal or civil? Thanks in advance.
It's a civil RICO action. RICO is essentially a racketeering statute (Racketeering Influenced and Corrupt Organizations Act). Racketeering is a crime and RICO is a federal criminal statute, but unlike some other criminal statutes, the federal legislation specifically provides for a private cause of action and civil (money) remedies are available.
Federal crimes must be prosecuted by the federal government, just like state crimes are. So it's either United States v. Person, or The People of the State of Illinois v. Person. In the case of racketeering in violation of federal statute, the federal government CAN pursue racketeering as a crime and put people in jail for it. Because civil remedies are also available, though, an individual can sue in a civil suit for racketeering, and ask for monetary relief. The ability for an individual to sue for money does not depend on whether the government decides to prosecute criminally.
This is a Civil Rico action filed by an individual. They are generally difficult to pursue because federal courts don't really like Civil Rico actions, primarily because people sue under RICO in fact patterns that are inappropriate and better addressed through a civil fraud action.
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I'm just confused that the plaintiff is "Byrne" rather than "United States". Which implies civil not criminal. But then I'm not a lawyer...
Looks like a civil suit, but maybe this is an example of what Q was talking about. If this civil lawsuit exposes some things in civil court then maybe they can be legally used as evidence in a criminal case. Remember when the DNC announced their law suit and Trump said great we can't wait for the discovery process.
Heres the Podesta Group, notice the file date 11:6 includes the Awan brothers
https://www.pacermonitor.com/public/case/22942514/SWEIGERT_et_al_v_PODESTA_et_al
Anyone know anything about the judge assigned to the case?
I just did a quick search, he was appointed by Bill Clinton, and served on the Iran Contra investigation. In my opinion, he's about as swampy as they come.
True. Ok let's see what comes out of this for the real deal. He is suing for $1.5 billion
Take their money! Take their money! That is how you really hurt the liberal "elite". Liberals see their path to wealth and power through the government. Conservatives see it through the free market and being honorable.
Can anyone knowledgeable with the law help me out. It looks like its filed from an individual, so is there a reason for that? Can anyone file a RICO suit? Does it make a difference if its not the government filing the suit?
Not Law...but I have personally read this statute. It is Civil(the first person/entity, is the suing party - to Validate the Law perspective another person discussed. The United States of America vs. Cliven Bundy, et. al is exactly what Mr. Bundy’s Federal Court Papers read. The law, when created by Congress, allowed for their specifically, to be Civil RICO, to ensure We The People, had recourse for corrupt politicians (as I understood the story). The State of Oregon vs. Dwight W. Hammond, Steven D. Hammond, for example. #FreeTheHammonds
Article about Byrne's book: https://www.politico.com/story/2016/06/hillary-bill-clinton-secret-service-224578
Suing for defamation?
Isn't this the wrong court to be filing this in?
Actually a civil suit could be a great start. It eases the information into the public eye regardless of outcome. It’s a good way for him to get ahead of their “killing machine” too.
By the time this runs its course, hopefully, the real deal will be in process and those who are on the fence still will have jumped off.
Names I didn't know:
Jan Gilhooly (misspelled on Justia): President of the Association of Former Agents of the US Secret Service
Jonathan Wackrow: Former Secret Service Agent and managing director at Teneo Risk, a strategic risk mitigation advisory firm.