Posted on 09/16/2004 11:18:50 AM PDT by 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.
Free Republic Rocks!! The Freepers are leaving the other news outlets in the dust -- that cliff is getting closer for the MSM and their loyal lemmings! You guys are the greatest!!
http://www.freerepublic.com/focus/f-news/1216465/posts?page=133#133 <-- Read starting here
I have looked at forgery law from many angles, and forgery of history is not illegal. No present legal rights, or legal records (e.g., title to vehicles) are affected by these forgeries. The only thing possibly affected, if one believed the forgeries were authentic, is a voter's decision. That isn't vote fraud - we are fed lies all the time about candidates, and that is not vote fraud.
Damn betcha it is....Wire fraud. Send in Vincent D'Orofino to look sideways at Rather.
Re: UCMJ.....if you are retired, you are STILL PART OF THE MILITARY, and hence, can have charges preferred against you under the UCMJ.
Josh, also make sure you nail down the firewall logs - this will be used to determine the Mr. Faxer downloaded documents, uploaded documents, or used IM to ensure transmission success.
I'm hoping the Gillian family are so ticked off by the secretary's remarks and by Rather that they will file a lawsuit. At least CBS should have to pay in a monetary way even if they never admit to wrongdoing.
You know, back last Wednesday when this thing all broke, (actually it was Thursday for me) I downloaded all those memos off the CBS website and noticed they had a "fax time stamp". I didn't really pay attention to that part very much. I'll have to go home and look at them again, see what info can be gleaned, if any. It'd also be interesting to compare them to those that are (if any are) available for download now from CBS.com.
Problem here. Ummmm if they erase the tapes every thirty days then the distinct possibilty remains that they have already been erased since CBS claims that they received them over 6 weeks ago.
1. Bill Burkett 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.
3. There is certainly probable cause to think he forged these docs or participated in a conspiracy to pass forged docs off as real.
Good, this will get investigated at the source. Not by the Republican Congress, and it doesn't involve 1st Admendment rights!
Is there any law to prevent them being released WIHTOUT a supeona?
Right idea, but you have it wrong.
10 United States Code 932
Sec. 932. - Art. 132. Frauds against the United States
is the portion of the US Code passed by Congress that enumerates one specific crime under the UCMJ.
Do you think the head of Fed-EX Kinkos likes his stores being used by DNC operatives( I understand he is a big Bush supporter)
Look up "Anatomy of a Forgery" - National Spectator. CBS had the forgeries for about a week (2 weeks by now), the DNC & Kerry campaign is who had them 6 (now 7) weeks ago.
Click here.
Killian.
Negative. You can't defame dead people.
For those who are looking at wire fraud, first you have to find fraud. Not fraud in the general sense, fraud in the legal sense. I don't think it's there. If the documents were authentic, they would not operate to change anybody's legal rights. They are merely history. Forge Confederate Bank Notes all day long, no penalty.
The only legal action I see in this CBS/Killian mess are GWB's defamation suit, and maybe something in FCC regulations (but I kinda doubt that, sice we are fed falsehoods from the media on a continuous basis. Indecency (nipples), NO! But lies are covered only by defamation law).
There's no there there. This will never see the inside of a courtroom because no case will ever be filed. Your time would be better spent on other pursuits, John.
I think he is a business man first and is intelligent enough to take the liberals money then contribute to the Bush 2004 campaign. This can only bring him more business.
Sorry I don't like your picture. I haven't seen any news that Kinko's was a knowing partnet to this. I don't think they should be trashed. I realize you were trying to be funny. Just think first.
partnet = partner
I disagree.....sure, there is no "there" there...unless the faxer is alleging to the documents validity, and CBS bought them in that vein, only to have it turn out they are fake. Then there is fraud.
Think of it...CBS is now in the position of admiting that they are dumb as a box of rocks, or are indeed partners in foisting off the faxes as real. Either position loses.
On another note, even if the case loses, the playing of the video will do much to futher hammer seeBS, which is a good thing.
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