Maybe something like this:
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.
Good post. If the forged military documents were faxed, that's probably some kind of wire fraud -- isn't it?
Thank goodness.
That reads like much of what we see here on Free Republic....
Outstanding!
Carpe Kinko's video tapes!
BUMP!
Wouldn't it be just to much if it shows Dan Rather.
I don't think Killian's drawing pay anymore . . . he died in 1984.
Maybe something like this:
They need the Fax logs and phone records for tha Fax lines too
Palm Beach County voters?
Hate to burst your bubble, but Col Killian has been dead for some time now.
His widow would still be drawing pay!!!!
Can't she start some legal action?
Libs say the documents are "fake, but accurate."
Does that mean the security tape that proves their guilt might be "genuine, but wrong"? That might be their defense.
"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"
I used to work for Kinko's, we recycled our tapes every thirty days...
Ed
I asked myself that very question. Unfortunately I'm completely ignorant on the subject, so I couldn't answer myself. I then stomped off in total disgust with myself.
Excuse me - the other guardsman (retired COL ?) who is retired and griding the axe and interviewed by ratherbiased.
Sounds like much of the audience for CBS news.
ROFL!!!
If it is written in United States Code (USC), it applies to everyone in the United States. If it is written in the Uniform Code of Military Justice (UCMJ), it applies to military (or those subject to the UCMJ) only.
ping
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