Cases of Interest and Public Corruption Cases

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I. Constitutional Issues:
In Oregon v. Ashcroft, 368 F.3d 1118 (9th Cir. 2004), the 9th Circuit dealt with Oregon’s “right to die” law.

These cases, Johnson v. City of Cincinnati, 310 F.3d 484 (6th Cir. 2002), and State v. Burnett, 755 N.E.2d 857 (Ohio 2001), deal with the right to travel.

In Bourgeois v. Peters, 387 F.3d 1303 (11th Cir. Oct. 2004), the court held that "the mass, suspicionless, warrantless magnetometer searches violate their Fourth Amendment right to be free of 'unreasonable searches and seizures'" were violative of the 4th Amendment.

In Guillen v.Pierce County, 31 P.2d 628 (Wash. 2001), a federal law mandating confidentiality of federally required gathering of traffic information was held unconstitutional because it presumed to control state activity.

In Planned Parenthood of The Columbia/Willamette, Inc. v. American Coalition of Life Activists, 244 F.3d 1007 (9th Cir. 2001), the court reversed a very large judgment against some pro-lifers on First Amendment grounds.

In Saxe v. State College Area School District, 240 F.3d 200 (3rd Cir. 2001), a public school district's "anti-harassment" policy was held violative of the First Amendment.

Ever since the enactment of the federal child support recovery laws, which include 18 U.S.C. §228, there has been litigation regarding their constitutionality. Somce courts found such laws constitutional as based on the federal interstate commerce powers; see among others, United States v. Sage, 92 F.3d 101 (2nd Cir. 1996), and United States v. Black, 125 F.3d 454 (7th Cir. 1997). But recently, the 6th Circuit found them unconstitutional; see United States v. Faasse, 227 F.3d 660 (6th Cir. 2000). Because of the split in the circuits regarding this issue, this case appears to be one which the Supremes will review via certiorari.

In Pearson v. Shalala, 164 F.3d 650 (D.C. Cir. 1999), the U.S. Court of Appeals for the DC Circuit agreed with Durk Pearson and Sandy Shaw, movers and shakers in the alternative health movement, that certain FDA regs were violative of free speech.

In Jordan v. Department of Motor Vehicles (1999) 75 Cal.App.4th 449, the car smog fee was held unconstitutional on the basis of a violation of the federal commerce clause (this is a PDF file).

The U.S. Court of Appeals for the Fourth Circuit in Brzonkala v. V.P.I., 169 F.3d 820 (4th Cir. 1999), held the federal "Violence Against Women Act" unconstitutional. This decision has been affirmed by the Supremes in United States v. Morrison, 529 U.S. 598 (2000). You may also read this same case at Cornell Law School; click here.

In Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054 (2000), the Supreme Court was required to deal with the constitutionality of a state law granting grand parents visitation rights for their grandchildren. This opinion, which found this law unconstitutional, is great regarding parental rights.

In White v. Lee, 227 F.3d 1214 (9th Cir. 2000), the court dealt with the important question of whether lawsuits constituted "petitioning government for redress of grievances."

II. Criminal Cases:

In United States v. Garcia, F.3d (9th Cir. March 2005), the court allowed withdrawal of a guilty plea for new evidence.

In Hayes v. Woodford, F.3d (9th Cir. March 7, 2005), the court held in a case regarding the use of false evidence that due process was violated.

In Botts v. State, S.E.2d _(Ga. Oct. 2004), the Georgia Supreme Court held a "hate crimes" punishment provision unconstitutional.

In United States v. Stanford, F.3d (11th Cir. 2003), the court concluded that mere cash alone did not constitute probable cause.

In United States v. Culliton, 328 F.3d 1074 (9th Cir. 2002), a false statement conviction based on 18 U.S.C. §1001 was reversed regarding statement made on FAA form which was fundamentally vague.

In Ex parte H.H., 830 So.2d 21 (Ala. 2002), Justice Roy Moore, in a concurring opinion, made some comments of interest to many folks.

In State v. One House, Personalty and Realty Known as 232 Mullica Hill Road, 346 N. J. Super. 247 (App. Div. 2001), equitable defenses to forfeiture actions were allowed.

In United States v. Kincade, 345 F. 3rd 1095 (9th Cir. 2003), the 9th Circuit held DNA tests of prisoners unconstitutional as violation of privacy.

In People v. Willis, 46 P.3d 898 (2002), the Cal Supremes suppressed a warrantless search.

In Killian v. Poole, 282 F.3d 1204 (9th Cir. 2002), the court granted habe relief because of the use of perjured testimony during trial.

In State of North Carolina v. Guice, 141 N.C.App. 177, _ S.E.2d _ (2000), a conviction was reversed on an Apprendi issue.

In Ex Parte Warren, 783 So.2d 86 (Ala. 2000), the Alabama Supreme Court held drugs seized during Terry-type patdown, "field interview" had to be suppressed.

In DePriest v. Commonwealth of Virginia, 73 Va. App. 754, 537 SE.2d 1 (2000), the Virginia Court of Appeals upheld the constitutionality of a sodomy law against an "invasion of privacy" argument. FindLaw publishes cases in text, which does not include footnotes. If you want the case with footnotes, check the Virginia courts web site.

In Indianapolis v. Edmond, 531 U.S. 32, 121 S.Ct. 447 (2000), the Court found the "car search" drug interdiction program used by Indy unconstitutional.

In Rideau v. Whitley, 248 F.3d 1141 (5th Cir. 2000), conviction vacated after many years due to improper impaneling of grand jury.

In Cleveland v. United States, 531 U.S. 12, 121 S.Ct. 365 (2000), the Supreme Court defined better limits to federal mail fraud prosecutions.

In State of Utah v. Real Property at 633 East 640 North, Orem, Utah, 942 P.2d 925 (2000), the Utah Supremes rendered a decision which will place some real limits upon drug forfeitures.

In United States v. Kramer, 225 F.3d 847 (7th Cir. 2000), a conviction for violating the child support recovery act was reversed on novel jurisdiction issues.

In United States v. Gantt, 194 F.3d 987 (9th Cir. 1999), the court suppressed evidence obtained from a search because of a failure to deliver a copy of the warrant at the start of the search.

In United States v. Kassouf, 144 F.3d 952 (6th Cir. 1998), the court addressed an indictment which failed to properly allege an element for a prosecution under 26 U.S.C. §7212.

In United States v. Fultz, 146 F.3d 1102 (9th Cir. 1998), a search was suppressed because a landlord could not give consent for the search.

In United States v. Kyllo, 140 F.3d 1249 (9th Cir. 1998), the court held that a thermal imaging "search" required a warrant.

In United States v. Schwab, 61 F.Supp.2d 1196 (D.Wyo. 1999), a defective indictment was dismissed after trial due to pleading deficiencies.

III. Tax Cases:

In Roosevelt v. Montana Dept of Revenue, 975 P.2d 295, 1999 MT 30 (Mont. 1999), the court held a tax statute violative of equal protection. This link goes to the State Law Library site where you may read not only the opinion, but also the briefs in the appeal.

In Bleavins v. Bartels, 243 F.3d 393w (7th Cir. 2001), the court dealt with a wrongful levy for taxes by some state collection agents; damages were awarded to the injured taxpayer. The above "w" next to the page cite for this case indicates that this decision has been withdrawn for further reconsideration and opinion.

In United States v. Nipper, 246 F.3d 683 (10th Cir. 2001), Vern Holland wins again on the assessment issue.

The Michigan Court of Appeals recently decided the appeal in Village of Dimondale v. Grable, 618 N.W.2d 23 (Mich. App. 2000), and held a tax sale invalid (this is also a Vern Holland case).

In Jones v. United States, 207 F.3d 508 (8th Cir. 2000), the court found that the IRS engaged in a wrongful disclosure of "return information."

In Lawson v. Shelby County, 211 F.3d 331 (6th Cir. 2000), the court decided an interesting case involving social security numbers and the Privacy Act.

IV. Administrative Procedure Cases:

In Maine v. U.S. Dept. of Interior, 298 F.3d 60 (1st Cir. 2002), a new and broader construction of FOIA was made, thus allowing greater access to government documents.

In American Trucking Ass'ns. v. USEPA, 175 F.3d 1027 (D.C. Cir. 1999), the U.S. Court of Appeals for the DC Circuit held that some EPA regulations were unlawful. But see the decision of the Supremes in Whitman v. American Trucking.

In Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001), the environmentalists took a hit over the Clean Water Act. Here is an amici brief submitted in the case by The Claremont Institute.

V. Immunity of government officials:
Milstein v. Cooley, 257 F.3d 1004 (9th Cir. 2001): Fabricating evidence by acquiring false witness statements, filing a false crime report, investigating an alleged crime as a detective rather than an advocate, and making statements to the media are not acts for which prosecutors are shielded by absolute immunity. See also Rogers v. Pendleton, 249 F.3d 279 (4th Cir. 2001), and Sampson v. Schenectady, Case No. 99 CV 1331 (N.D.N.Y. 2001).

In Schroder v. Bush, 263 F.3d 1169 (10th Cir. 2001), Gene Schroder's lawsuit against the feds for violating certain laws beneficial to farmers was held to present a political question.

VI. Miscellaneous:

In Dixon v. CIR, 316 F.3d 1041 (9th Cir. 2003), the court found that DoJ and IRS committed fraud upon the court in a tax case.

In Veeck v. Southern Bdlg. Code Congress International, Inc., 241 F.3d 398 (5th Cir. 2003), the court held that building codes cannot be copyrighted.

Gun Cases:

In Baca v. New Mexico Dept. of Public Safety, 47 P.3d 441 (N.M. 2002), the New Mexico Supremes rendered a decision dealing with the right to bear arms.

In Klein v. Leis, N.E. 2d (Ohio App. 1st Dist. 2002), the Ohio concealed carry law was held unconstitutional. This decision has been recently reversed.

In Kasler v. Lungren, 72 Cal.Rptr.2d 260 (Cal.App. 3 Dist. 1998), the Cal assault weapons ban was found illegal. Note: this case was recently reversed by the Cal Supremes.


List Of Public Corruption Cases

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Index: Congressman or High Federal Officials or High State Officials or Judges or IRS & Federal Agents or Public Officials (Victims) or Prosecutorial Misconduct or Breach Of Trust or Redress & First Amendment or Abuse or Immunity Denied or Others and Patriot

This list could be the source for many articles. In a brief, you can make the statement that Congressmen are crooked, and then footnote a variety of cases to support that proposition. Or, you can say that some IRS agents are criminals, and cite the ones noted herein. You can cite the Nunan case as a example of a former IRS Commissioner who was convicted of tax evasion. Please, put this list to use.

(See "Official Oppression," 83 ALR 2d 1007)

I. Congressmen:

(1) United States v. Mitchell, 141 F. 666 (D. Or. 1905): Senator Mitchell caught in land fraud scheme; although he died before trial, Rep. John Williamson was convicted, but I found no appeal. See related case, United States v. Booth, 148 F. 112 (D. Or. 1906).

(2) Burton v. United States, 202 U.S. 344, 26 S.Ct. 688 (1905): Postmaster was causing trouble for a company who paid Sen. Burton for help.

(3) Curley v. United States, 160 F.2d 229 (D.C. Cir. 1947): Congressman involved in WW II fraud scheme.

(4) May v. United States, 175 F.2d 994 (D.C. Cir. 1949): Congressman convicted for taking bribes.

(5) Bramblett v. United States, 231 F.2d 489 (D.C. Cir. 1956): Congressman convicted of false claims in employee kickback scheme.

(6) United States v. Johnson, 337 F.2d 180 (4th Cir. 1964).

(7) United States v. Johnson, 383 U.S. 169, 86 S.Ct. 749 (1966): Congressman convicted of conspiracy to defraud US; Congressman Frank Boykin also convicted; see United States v. Johnson, 215 F.Supp. 300 (D.Md. 1963).

(8) United States v. Brewster, 408 U.S. 501, 92 S.Ct. 2531 (1972): Senator indicted and ultimately convicted of taking bribes; see related case, United States v. Anderson, 509 F.2d 312 (D.C. Cir. 1974).

(9) United States v. Dowdy, 479 F.2d 213 (4th Cir. 1973): Rep. convicted for taking bribes.

(10) United States v. Garmatz, 445 F.Supp. 54 (D. Md. 1977): Rep. indicted for bribes. Today, the Federal Building in downtown Baltimore is named after Garmatz.

(11) United States v. Helstoski, 576 F.2d 511 (3rd Cir. 1978); see also United States v. Helstoski, 442 U.S. 477, 99 S.Ct. 2432 (1979): taking bribes.

(12) United States v. Passman, 460 F.Supp. 912 (W.D. La. 1978); same case at 465 F. Supp. 736 (W.D. La. 1979): bribes.

(13) United States v. Diggs, 613 F.2d 988 (D.C. Cir. 1979): Rep. convicted of fraud and false statements.

(14) United States v. Murphy, 642 F.2d 699 (2nd Cir. 1980): Abscam.

(15) United States v. Myers, 635 F.2d 932 (2nd Cir. 1980): Abscam.

(16) United States v. Myers, 692 F.2d 823 (2nd Cir. 1982): Abscam.

(17) United States v. Williams, 705 F.2d 603 (2nd Cir. 1983): Abscam.

(18) United States v. Kelly, 707 F.2d 1460 (D.C. Cir. 1983): Abscam. Also 748 F.2d 691 (D.C. Cir. 1984).

(19) United States v. Jenrette, 744 F.2d 817 (D.C. Cir. 1984): Abscam. Former husband of now famous TV star.

(20) related cases, United States v. Kim, 595 F.2d 755 (D.C. Cir. 1979): Hush money intended as bribes for Congressman. United States v. Carson, 464 F.2d 424 (2nd Cir. 1972): Senator's aid convicted.

(21) United States v. Biaggi, 853 F.2d 89 (2nd Cir. 1988): Congressman and bribes.

(22) United States v. Swindall, 971 F.2d 1531 (11th Cir. 1992): representative convicted of false statements to grand jury.

II. High federal officials:

(1) United States v. Aaron Burr, 25 F. Cas. 49 (No. 14,692g) (C.C.Va. 1807).

(2) Fall v. United States, 49 F.2d 506 (D.C. Cir. 1931): Teapot Dome scandal. See also Pan-American Petroleum & Transport Co.v. United States, 273 U.S. 456, 47 S.Ct 416 (1927), and Mammoth Oil Co. v. United States, 275 U.S. 13, 48 S.Ct. 1 (1927): leases secured through scandal were held to be void.

(3) United States v. Hiss, 185 F.2d 822 (2nd Cir. 1950): Alger Hiss the Commie.

(4) Connelly v. United States, 249 F.2d 576 (8th Cir. 1957): DoJ official.

(5) Baker v. United States, 401 F.2d 958 (D.C. Cir. 1968), and 430 F.2d 499 (D.C. Cir. 1970): Remember Bobbie Baker, LBJ's good buddy?

(6) United States v. Liddy, 542 F.2d 76 (D.C. Cir. 1976): Watergate burglar Gordon Liddy, lately has appeared on Saturday Night Live and currently a radio talk show host: "Radio Free D.C."

(7) United States v. Ehrlichman, 546 F.2d 910 (D.C. Cir. 1976): Watergate.

(8) United States v. Barker, 546 F.2d 940 (D.C. Cir. 1976): Watergate.

(9) United States v. Mardian, 546 F.2d 973 (D.C. Cir. 1976): Watergate.

(10) United States v. Mitchell, 551 F.2d 1252 (D.C. Cir. 1976): Watergate.

(11) United States v. Ehrlichman, 559 F.2d 31 (D.C. Cir. 1976): Watergate. See also In re Krogh, 85 Wash.2d 462, 536 P.2d 578 (1975).

(12) In re Olson, 818 F.2d 34 (D.C. Cir. 1987).

(13) In re Wedtech Corp., 88 B.R. 619 (Bkrtcy. S.D.N.Y. 1988).

(14) United States v. Nofziger, 878 F.2d 442 (D.C. Cir. 1989): Presidential aide.

(15) United States v. Secord, 726 F.Supp. 845 (D.D.C. 1989).

(16) United States v. North, 920 F.2d 940 (D.C.Cir. 1990): Ollie was vindicated, and now hosts a radio show.

(17) United States v. Poindexter, 951 F.2d 369 (D.C.Cir. 1991).

III. High state officials:

(1) United States v. Classic, 35 F.Supp. 457 (E.D. La. 1940): Election commissioner.

(2) Shushan v. United States, 117 F.2d 110 (5th Cir. 1941): La. parish levee board member.

(3) United States v. Addonizio, 451 F.2d 49 (3rd Cir. 1971): Extortion by Newark, NJ, mayor.

(4) United States v. Hyde, 448 F.2d 815 (5th Cir. 1971): Alabama Attorney General Richmond Flowers involved in bribery. See also 230 So.2d 519; 220 F.Supp. 293 (1963).

(5) United States v. Kenny, 462 F.2d 1205 (3rd Cir. 1972): Extortion scheme involving NJ city and county officials.

(6) United States v. Isaacs, 493 F.2d 1124 (7th Cir. 1974): Illinois Governor Otto Kerner and Revenue Dept. Director Isaacs involved in racehorse bribery.

(7) United States v. Staszcuk, 502 F.2d 875 (7th Cir. 1974): City alderman.

(8) United States v. Braasch, 505 F.2d 139 (7th Cir. 1974): Chicago cops engaged in extortion on grand scale.

(9) United States v. Keane, 522 F.2d 534 (7th Cir. 1975): Chicago alderman.

(10) United States v. Bush, 522 F.2d 641 (7th Cir. 1975): Mayor Daly's Press Secretary had company that got city contracts; convicted of mail fraud.

(11) United States v. Hall, 536 F.2d 313 (10th Cir. 1976): Governor of Oklahoma and bribes.

(12) United States v. Brown, 540 F.2d 364 (8th Cir. 1976): City building commissioner.

(13) United States v. Caldwell, 544 F.2d 691 (4th Cir. 1976): West Virginia's State Treasurer was bribed to get state funds deposited in banks.

(14) United States v. Mandel, 550 F.2d 1001 (4th Cir. 1977) and 591 F.2d 1347 (4th Cir. 1979): Maryland Governor's RICO conviction.

(15) United States v. Frumento, 563 F.2d 1083 (3rd Cir. 1977): racketeering by state revenue dept. (smuggling cigarettes).

(16) United States v. Scott, 587 F.2d 889 (7th Cir. 1978); also 472 F.Supp 1073 (N.D.Ill. 1979), aff'd at 618 F.2d 109 (7th Cir. 1980); also 660 F.2d 1145 (7th Cir. 1981): Illinois Attorney General convicted of tax crimes.

(17) United States v. Cerilli, 603 F.2d 415 (3rd Cir. 1979): Penn. DoT officials extorted money from private equipment vendors for political contributions.

(18) United States v. Burgin, 621 F.2d 1352 (5th Cir. 1980): Mississippi state senators.

(19) State ex rel Leech v. Wright, 622 S.W.2d 807 (Tenn. 1981).

(20) United States v. Angelilli, 660 F.2d 23 (2nd Cir. 1981): Big Apple corruption.

(21) United States v. Barber, 668 F.2d 778 (4th Cir. 1982): State A.B.C. Commissioner.

(22) United States v. Jannoti, 673 F.2d 578 (3rd Cir. 1982): Pres. of Philly City Council and another convicted of racketeering.

(23) United States v. Margiotta, 688 F.2d 108 (2nd Cir. 1982): party leader.

(24) United States v. Blanton, 700 F.2d 298 (6th Cir. 1983), vacated at 703 F.2d 981 (6th Cir. 1983), aff'd at 719 F.2d 816 (6th Cir. 1983): Tenn. Governor.

(25) United States v. Odom, 736 F.2d 104 (4th Cir. 1984): Sheriff.

(26) United States v. McLean, 808 F.2d 1044 (4th Cir. 1987): vote buying.

(27) United States v. Silvano, 812 F.2d 754 (1st Cir. 1987): City budget director.

(28) United States v. Troutman, 814 F.2d 1428 (10th Cir. 1987): state investment officials.

(29) McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875 (1987): State insurance folks; dissent has cites to other corruption cases.

(30) United States v. Lund, 853 F.2d 242 (4th Cir. 1988): dept head and nepotism with wife.

(31) United States v. Carroll, 860 F.2d 500 (1st Cir. 1988): water dept head and kickbacks.

(32) United States v. Ray, 690 F.Supp. 508 (M.D.La. 1988): Governor's aid.

(33) United States v. Glantz, 884 F.2d 1483 (1st Cir. 1989): kickback scheme.

(34) United States v. Barry, 938 F.2d 1327 (D.C. Cir. 1991): DC Mayor Barry's conviction for drug offenses.

(35) Evans v. United States, U.S. , 112 S.Ct. 1881 (1992): County Comm. in GA.

(36) United States v. Miller, 952 F.2d 866 (5th Cir. 1992): state lands leasing official had interest in company to whom he leased.

(37) United States v. Dischner, 960 F.2d 870 (9th Cir. 1992): large kickbacks and bribe scheme.

(38) United States v. Davis, 967 F.2d 516 (11th Cir. 1992): Ala. legislators convicted of taking bribes.

IV. Judges:

(1) Slade v. United States, 85 F.2d 786 (10th Cir. 1936): Judge bribed juror to acquit a defendant; judge convicted of bribery.

(2) United States v. Manton, 107 F.2d 834 (2nd Cir. 1939): Court of Appeals judge involved in bribes to influence decisions.

(3) United States v. Kahaner, 317 F.2d 459 (2nd Cir. 1963): State judge and former AUSAs.

(4) McDonald v. Alabama, 57 Ala. App. 529, 329 So.2d 583 (1975): sex for leniency.

(5) United States v. Hastings, 681 F.2d 706 (11th Cir. 1982): This was pre-trial appeal, and later Alcee won criminal case. Is now a member of Congress.

(6) United States v. Campbell, 684 F.2d 141 (D.C. Cir. 1982): traffic tickets, judge and gratuity.

(7) United States v. Claiborne, 765 F.2d 784 (9th Cir. 1985); see Harry's vindication, State Bar of Nevada v. Claiborne, 756 P.2d 464 (Nev. 1988).

(8) United States v. Murphy, 768 F.2d 1518 (7th Cir. 1985): Greylord.

(9) United States v. Conn, 769 F.2d 420 (7th Cir. 1985): Greylord.

(10) United States v. Hollaway, 778 F.2d 653 (11th Cir. 1985): Two Mobile state court judges.

(11) United States v. Devine, 787 F.2d 1086 (7th Cir. 1986): Greylord.

(12) United States v. LeFevour, 798 F.2d 977 (7th Cir. 1986): Greylord.

(13) United States v. Nixon, 816 F.2d 1022 (5th Cir. 1987); habe at 881 F.2d 1305 (5th Cir. 1989): U.S. District Judge convicted of bribery.

(14) United States v. Holzer, 816 F.2d 304 (7th Cir. 1987): Greylord.

(15) United States v. Reynolds, 821 F.2d 427 (7th Cir. 1987): Greylord.

(16) United States v. Glecier, 923 F.2d 496 (7th Cir. 1991): Greylord.

V. I.R.S. and Other Federal Agents:

(1) Smiler v. United States, 24 F.2d 22 (5th Cir. 1928): Bribe.

(2) Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457 (1942): AUSA and bribes.

(3) Delaney v. United States, 199 F.2d 107 (1st Cir. 1952): Bribe.

(4) United States v. Nunan, 236 F.2d 576 (2nd Cir. 1956): Former IRS Commissioner convicted of tax evasion.

(5) United States v. Umans, 368 F.2d 725 (2nd Cir. 1966): Bribe.

(6) United States v. Johnson, 398 F.2d 29 (7th Cir. 1968): IRS agent guilty of defrauding by filing false returns.

(7) United States v. Barash, 412 F.2d 26 (2nd Cir. 1969): Bribe.

(8) United States v. Polansky, 418 F.2d 444 (2nd Cir. 1969): Bribe.

(9) United States v. Weiser, 428 F.2d 932 (2nd Cir. 1969): IRS agent and bribes.

(10) United States v. Provinzano, 50 F.R.D. 361 (E.D.Wis. 1970): queer IRS agent indicted.

(11) United States v. Greenberg, 445 F.2d 1158 (2nd Cir. 1971): IRS agent and bribes.

(12) United States v. Lipton, 467 F.2d 1161 (2nd Cir. 1972): IRS agent and bribes.

(13) United States v. Mangan, 575 F.2d 32 (2nd Cir. 1978): crooked IRS agent.

(14) United States v. Lanci, 669 F.2d 391 (6th Cir. 1982): FBI agent and bribes.

(15) United States v. Gorman, 807 F.2d 1299 (6th Cir. 1986): AUSA convicted of taking gratuities.

(16) United States v. Miller, 874 F.2d 1255 (9th Cir. 1989): FBI agent giving documents to Soviets.

(17) Attalallah v. United States, 955 F.2d 776 (1st Cir. 1992): customs agents killed for $700,000.

(18) United States v. Morales, 11 F.3d 915 (9th Cir. 1993): IRS agent and bribe. VICTIMS OF CORRUPTION

VI. Public Officials:

(1) George Hansen:

George was elected Congressman from Idaho for several terms. While in office, he fought for us, battling the big banks, trying to settle the Iranian hostage crisis, preventing the giveaway of the Panama Canal, et cet. He published "To Harrass Our People," which documented IRS abuse. Naturally with all this activity, George was brought within the crosshairs of those who dislike an honest man and was prosecuted; see United States v. Hansen, 772 F.2d 940 (D.C.Cir. 1985). This prosecution for allegedly violating the disclosure requirements for Congressmen (the system informed George that he need not make the disclosure, which is a legitimate defense) raised a certain issue which the Supreme Court heard only after George was imprisoned. When the Supreme Court eventually agreed with George's issue, his conviction was set aside; see United States v. Hansen, 906 F.Supp. 688 (D.D.C. 1995). George now conducts his activities via the U.S. Citizen's Human Rights Commission.

(2) Gov. Guy Hunt:

During the inaugural ceremonies for his second term, his accountant made certain errors regarding campaign contributions. An existing criminal law that was very vague was used to prosecute the Governor via a political trial; the accountant was indicted separately to prevent his testimony during Hunt trial and the Gov. was convicted; see Hunt v. State, 642 So.2d 999 (Ala. Cr.App. 1993); and Ex parte Hunt, 642 So.2d 1060 (Ala. 1994). Recently, the testimony of the accountant was used to vacate the Gov.'s conviction.

VII. Prosecutorial misconduct:

(1) United States v. OMNI International Corp., 634 F.Supp. 1414 (D.Md. 1986): Prosecutor Elizabeth Trimble and Special Agents fabricated evidence and a case was dismissed.

(2) United States v. Burnside, 824 F.Supp. 1215 (N.D. Ill. 1993); United States v. Andrews, 824 F.Supp. 1273 (N.D.Ill. 1993); United States v. Boyd, 833 F.Supp. 1277 (N.D.Ill. 1993); United States v. Griffin, 856 F.Supp. 1293 (N.D. Ill. 1994); United States v. Boyd, 55 F.3d 239 (7th Cir. 1995): El Rukn cases where lots of "gifts" and benefits to prosecution witnesses caused vacation of convictions. A major scandal.

(3) United States v. Demjanjuk, 518 F.Supp. 1362 (N.D.Ohio 1981), aff'd, 680 F.2d 32 (6th Cir. 1982); Demjanjuk v. Petrovsky, 776 F.2d 571 (6th Cir. 1985); Demjanjuk v. Meese, 784 F.2d 1114 (D.C.Cir. 1986); Demjanjuk v. Petrovsky, 10 F.3d 338 (6th Cir. 1993): OSI misconduct.

(4) People v. Auld, 815 P.2d 956 (Colo. App. 1991): governmental misconduct caused dismissal of complaint.

(5) The Inslaw affair: Cases dealing with DoJ theft of Promis software.

1. In re Inslaw, Inc., 76 B.R. 224 (Bkrtcy., D.D.C. 1987).

2. In re Inslaw, Inc., 88 B.R. 484 (Bkrtcy., D.D.C. 1987).

3. United States v. Inslaw, Inc., 113 B.R. 802 (D.D.C. 1989).

4. Inslaw, Inc. v. Thornburgh, 753 F.Supp. 1 (D.D.C. 1990), rev., United States v. Inslaw, Inc., 932 F.2d 1467 (D.C.Cir. 1991).

5. In re Inslaw, Inc., 885 F.2d 880 (D.C.Cir. 1989).

(6) LaRouche: In re Caucus Distributors, Inc., 106 B.R. 890 (Bkrtcy., E.D.Va. 1989): political opponents had fund raising corps. thrown into bankruptcy by US; held involuntary petition was unjustified.

VIII. Breach of trust cases:

Bruun v. Hanson, 103 F.2d 685 (9th Cir. 1939): trustees engaged in stealing the estate from the heirs.

In re San Juan Hotel Corp., 71 B.R. 413 (D.Puerto Rico 1987), aff'd 847 F.2d 931 (1st Cir. 1988): bankruptcy trustee treated estate as his own; lost his job and forced to pay damages.

IX. Strategic Lawsuits Against Public Participation (SLAPPs):

Westfield Partners, Ltd. v. Hogan, 740 F.Supp. 523, 524-27 (N.D. Ill. 1990): mentions SLAPP theory.

X. Petitions for redress of grievances & First Amendment violations:

Webb v. Fury, 282 S.E.2d 28, 43 (W.Va. 1981): petition for redress.

United States v. Lemon, 723 F.2d 922 (D.C. Cir. 1983): sentence violated 1st Amendment.

United States v. Hylton, 710 F.2d 1106 (5th Cir. 1983): filing lawsuit is a petition for redress.

P.O.M.E. v. District Court, 677 P.2d 1361, 1364-65 (Colo. 1984): petition for redress.

Alliance to End Repression v. City of Chicago, 742 F.2d 1007 (7th Cir. 1984): violated 1st Amendment.

ACLU Foundation of S. Cal. v. Barr, 952 F.2d 457, 471 D.C.Cir. 1991): surveillance didn't violate 1st Amendment.

United States v. Hylton, 710 F.2d 1106 (5th Cir. 1983): filing lawsuit is a petition for redress.

XI. Interesting Abuse Cases:

Bohannon v. Pegelow, 652 F.2d 729 (7th Cir. 1981): judgment of $25,000 for false arrest.

Rutherford v. United States, 702 F.2d 580 (5th Cir. 1983): IRS collection abuse; after reversal, he settled for undisclosed amount.

Joan W. v. City of Chicago, 771 F.2d 1020 (7th Cir. 1985): strip search case; judgment for $75,000.

Rakovich v. Wade, 602 F.Supp. 1444 (E.D.Wis. 1985): $140,000 verdict for police harassment.

Taliferro v. Augle, 757 F.2d 157 (7th Cir. 1985): $50,000 for police beating.

Jones v. City of Chicago, 856 F.2d 985 (7th Cir. 1988): typical falsification of evidence during murder investigation.

Fleming v. County of Kane, Illinois, 898 F.2d 553 (7th Cir. 1990): $157,000 verdict for violation for free speech rights.

Hudson v. McMillian, 962 F.2d 522 (5th Cir. 1992): damages for prison beating.

McNabola v. Chicago Transit Authority, 10 F.3d 501 (7th Cir. 1993): reverse discrimination case; verdict exceeded $265,000; the plaintiff's attorneys' fees were $184,000.

XII. Immunity denied government agents:

Rodgers v. Hyatt, 697 F.2d 899 (10th Cir. 1983): liable for wrongful disclosure.

Hobson v. Wilson, 737 F.2d 1 (D.C. Cir. 1984): violated 1st Amendment.

Alexander v. Perrill, 916 F.2d 1392 (9th Cir. 1990): BoP officials liable for damages.

Hallstrom v. City of Garden City, 991 F.2d 1473 (9th Cir. 1993): no immunity for wrongful imprisonment.

XIII. Other interesting cases:

(a) United States v. Bakker, 925 F.2d 728 (4th Cir. 1991): Jim, the evangelist, husband of Tammy Faye.

(b) An interesting article: 71 Washington Law Review 379 (1996), "The Sense of Justice and the Justice of Sense": deals with Hawaii Sovereignty Movement.

XIV. Patriot cases:

United States v. Branch, 91 F.3d 699 (5th Cir. 1996): Davidians' cases.


FOOD FOR THOUGHT

Many times the reason or purpose for events in our life initially escapes us,
but I am certain we can find reason and/or purpose in everything that happens!


It takes a short time to learn to exercise power, but a lifetime to learn how to avoid abusing it.


We are no longer a country of laws, we are a country where laws are "creatively interpreted."



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