Kinkos Tapes and Criminal Statutes [Kinko's security tapes preserved for possible legal action]

INDC Journal ^ | September 16, 2004

[John Jorsett]

Lest any funny business happen, I'd like to publish that INDC has made sure that the Kinko's video tapes for the Abilene branch are pulled and saved from deletion in order to guarantee future scrutiny. Kinko's assures us that they will be saved from the erase button, which is typically pressed every thirty days.

(Thanks to Thad O. for the help)

To actually supeona the tapes we'll need a civil or criminal case or investigation, but that's not hard; initial research efforts reveal the following (thanks to Left Coast Winemaker):

Forged Military Records Law
10 United States Code 932
Sec. 932. - Art. 132. Frauds against the United States

Any person subject to this chapter -

(1) who, knowing it to be false or fraudulent -

(A) makes any claim against the United States or any officer thereof; or
(B) presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States or any officer thereof;

(2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States or any officer thereof -

(A) makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;
(B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;

(3) who, having charge, possession, custody or control of any money, or other property of the United States, furnished or intended for the armed forces thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; or

(4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States furnished or intended for the armed forces thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States; shall, upon conviction, be punished as a court-martial may direct.

I'm not sure if this law applies to civilians (I haven't analyzed the issue too closely yet), but more authoritative sources can verify if this was a criminal act. Kinkos will also hold video tapes for a civil supeona. I'll update as I get new info.

UPDATE: Quote from the Dallas field office of the FBI:

"We can't comment. There has been no investigation from here."

UPDATE: A Texas state law is applicable:

Texas Penal Code
§ 32.21. FORGERY.

(a) For purposes of this section:
(1) "Forge" means:

(A) to alter, make, complete, execute, or
authenticate any writing so that it purports:

(i) to be the act of another who did not
authorize that act;

(ii) to have been executed at a time or
place or in a numbered sequence other than was in fact the case; or

(iii) to be a copy of an original when no
such original existed;

(B) to issue, transfer, register the transfer of,
pass, publish, or otherwise utter a writing that is forged within
the meaning of Paragraph (A); or

(C) to possess a writing that is forged within
the meaning of Paragraph (A) with intent to utter it in a manner
specified in Paragraph (B).

(2) "Writing" includes:

(A) printing or any other method of recording
information;

(B) money, coins, tokens, stamps, seals, credit
cards, badges, and trademarks; and

(C) symbols of value, right, privilege, or
identification.

(b) A person commits an offense if he forges a writing with
intent to defraud or harm another.

(c) Except as provided in Subsections (d) and (e) an offense
under this section is a Class A misdemeanor.

(d) An offense under this section is a state jail felony if
the writing is or purports to be a will, codicil, deed, deed of
trust, mortgage, security instrument, security agreement, credit
card, check, authorization to debit an account at a financial
institution, or similar sight order for payment of money, contract,
release, or other commercial instrument.

(e) An offense under this section is a felony of the third
degree if the writing is or purports to be:

(1) part of an issue of money, securities, postage or
revenue stamps;

(2) a government record listed in Section 37.01(2)(C);
or

(3) other instruments issued by a state or national
government or by a subdivision of either, or part of an issue of
stock, bonds, or other instruments representing interests in or
claims against another person.

(f) A person is presumed to intend to defraud or harm
another if the person acts with respect to two or more writings of
the same type and if each writing is a government record listed in
Section 37.01(2)(C).

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 113, § 2, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 189, § 1, eff. May 21, 1997; Acts 2003,
78th Leg., ch. 1104, § 1, eff. Sept. 1, 2003.

UPDATE: My legal guy notes that CBS and/or their source may be weaseling by claiming that the docs came from a "personal file." I'm not sure that this actually invalidates a legal case, but ...

UPDATE:

"This is not in my jurisdiction. I know of no ongoing investigation.
However, the media has done a pretty good job here finding the origin and the
person(s) involved." -- Sheriff, Taylor County, Abilene, Texas.

UPDATE: Get the Feds involved:

A forgery lawyer is an attorney who specializes in protecting victims of forgery or fraud. He or she will let you know that in all fifty states, forgery is a crime but if a forged document is sent through the mail, then it is no longer a state crime but a federal crime.

And this about made me fall out of my chair with laughter:

Victims of Forgery
While forgery is blind to the types of victim it takes, it prefers to hunt the elderly and feeble minded.

[pag_s]

Full speed ahead.

[chambley1]

I surmise there's a possible defamation suit also against CBS and the deceased Mr. Gillians family.

[Ernest_at_the_Beach]

Hey.....Alright!

[BenLurkin]

Interesting.

This is important stuff and could mean a great deal to the future health of our nation's politic.

[Ernest_at_the_Beach]

Who is INDC?

[Turk82_1]

Go! You rock these clowns.

In addition to the tapes, make sure you get the fax logs saved as well.

I would love to see the tapes show up as a video link on here.

[Lexington Green]

Film at 11?

This is great. Will we see Mike Wallace, mike in hand, chasing Rather through parking lot?

[Mo1]

Thanks for the ping

[Publius6961]

While forgery is blind to the types of victim it takes, it prefers to hunt the elderly and feeble minded.

Why did this make you laugh? It is just stating reality.
Of course it would define DU and most of the "old" Democrat base, and as far as Dan Rather is concerned, it's a two-fer!

[onyx]

BUMP.
Thanks for the alert.

[Radix]

Have not seen it mentioned so asking here....

Did those faxes have time stamps on them?

Is falsifying (or reassembling) an official military document in such a case as this equivalent to Impersonating an Officer?"

[Notwithstanding]

1. Killian is retired and drawing pay - therefore he is subject to the UCMJ, including Art 132 (fraud).

2. Any person subject to the UCMJ can formally prefer charges against another who is also subject to the UCMJ.

[Dr.Syn]

Should we tell Jonathan Klein to beware of a guy sitting in his living room in his pajamas writing?

Maybe we should have a pajama FReep party outside of Black Rock????

[MEG33]

I'll bet it is too late for the Kinko's tapes.

[rod1]

Seems like, if nothing else, Killian's family could initiate a legal action. The documents are supposed to be his.

[twigs]

I believe he's drawing the ultimate pay. He's been dead for 20 years.

[chronic_loser]

I have the rest of the documents.

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=3930961741

Get em while they are hot!

[Clintons Are White Trash]

There was a case a few years ago in St. Louis County that was solved with a Kinko's security tape. They hang onto those!

[John Jorsett]

Who is INDC?

It's one of the blogs that's been at the forefront of this story, but I don't know anything about who runs it.