Category Archives: Code of Ethics

Code of Ethics for Government Service
Any person in Government service should:
Put loyalty to the highest moral principles and to country above loyalty to persons, party, or Government department.
Uphold the Constitution, laws, and regulations of the United States and of all governments therein and never be a party to their evasion.
Give a full day’s labor for a full day’s pay; giving earnest effort and best thought to the performance of duties.
Seek to find and employ more efficient and economical ways of getting tasks accomplished.
Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or herself or for family members, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of governmental duties.
Make no private promises of any kind binding upon the duties of office, since a Government employee has no private word which can be binding on public duty.
Engage in no business with the Government, either directly or indirectly, which is inconsistent with the conscientious performance of governmental duties.
Never use any information gained confidentially in the performance of governmental duties as a means of making private profit.
Expose corruption wherever discovered.
Uphold these principles, ever conscious that public office is a public trust.
(This Code of Ethics was unanimously passed by the United States Congress on June 27, 1980, and signed into law as Public Law 96-303 by the President on July 3, 1980.)

Requesting answer to question regarding US attorney’s authority.

I have made some connections with associates of the US Attorney’s office. I deserve honest answers to my questions. An expert of Federal law should have the integrity to answer my questions honestly.

  1. Does an AUSA have the authority to violate a civil court order with no type of court process. This particular AUSA advised me that he does have that right. In is not reasonable that any attorney can violate any court order without some type of court process. If I am incorrect show me the written law.
  2. Does an AUSA have the right to violate a citizens Constitutional and Civil rights by using attorney discretion and not prosecuting Corrupt State and Local officials? #law #justice #torture #corruption

This AUSA should not have had to go to my website to get his evidence. My website is not updated in real time. I have thousands of documents of evidence supporting my allegations. I have never claimed they were posted on my website. The FBI agent had the duty to investigate my evidence. He refused, advising me to “tell him the story”. He then sent me an email stating that he had made his decision that no Federal law has been violated based on what Lee County Sheriff Stacy Weber told a third party. I am not an attorney but I know that hearsay is not evidence. I also know its a Federal crime to lie to the FBI. Not in this case and I want to know why I have been held exempt from any law protecting my person and my property from chemical warfare.

In this letter he completely abuses his power of office by denying me the right to submit further evidence to him by advising me not to communicate with his office. A recent letter in the local newspaper supports a conflict of interest between this AUSA and Sheriff Weber as they have spent “years” working on a drug case. Yet another conflict of interest that would not have been discovered had the article not been published in the newspaper.

This AUSA seems to believe he has the option not to prosecute a case with such a serious offense as torture. I don’t believe he does have that option. I believe he has the duty to recuse himself from this case and have this case prosecuted by a US Attorney from Illinois or Missouri. The thin blue line stops when a citizens live is on the line. Had I not have fled I would be dead.

The evidence proves Mark Conlee did this intentionally to harm me. That is what the FBI was supposed to be investigating, EVIDENCE not HEARSAY. There are no assumptions or conjecture on my part at all.

 

10-3-2018 pg 2 Kevin VanderSchel
10-3-2018 pg 2 Kevin VanderSchel

 

About City of Montrose, Ia Mayor, Ron Dinwiddie

Random facts about the attack

Attention US Citizens!!! War crimes have been committed against a US civilian on the soil of our homeland. I am requesting your voices united as one, to hold these terrorists accountable. Mark Conlee has been held above the law. Montrose, Lee County, Iowa supporters of terrorists.

I was intentionally exposed to glyphosate for over 5 years. The chemicals were applied to my private property. I was denied a trespass complaint against my assailant. This was an intentional chemical attack for the purpose of causing me serious injury or death. My assailant was held above the law in redeveloping his legally non conforming property from being compliant to State building code and drainage laws. He was held above the law in every illegal action he committed.  When his redevelopment was denied from being recorded on the county plat map, they (gov. officials) determined his remedy was to eliminate me at any cost. My terrorists were and continue to be my government officials. I followed the standard procedures to remedy the situation early on. My attorney clearly got a better offer from the opposing party. He advised me that he had filed the complaint against the liable party, reassuring me in the few times he did respond to my emails. There was a civil court trial. Not filed my my attorney against the liable party. In the civil case my attorney suppressed all the evidence supporting my allegations, but I was still not told he had not filed the complaint against the liable party. My case was and still is indisputable. The civil court without the evidence still cited my right to use my private property as I wished. That order was never complied to or enforced. Private property rights are Federally protected rights. Not recognized in this case. The local public impostors clearly conspired to deprive me of my rights under color of law.

The FBI became involved, supposedly to investigate on my behalf. The agent took 14 months to come to my home specifically for the purpose of reviewing my hard copy evidence. He arrived advising that he had no intention of reviewing my evidence, he advised me to verbally tell him the story. Hearsay is not evidence. He did not recognize private property rights are Federally protected. Two hours after he left my home I received in my mailbox a letter from the FBI headquarters in Washington DC signed by a deputy assistant director JC Hacker. The letter stated that the agent who came to my home had determined no violation of Federal law has occurred. I proceeded to contact this agent and let him know that his fraudulent, incompetent investigative skills were obviously not acceptable. Common man can recognize this as a  clue that shows the intent to continue to violate my private property rights and continue to torture me. It is not possible for mail to travel from DC to Iowa in a period of two hours. My government has tortured me using chemical warfare. There is no gray area in determining that this is a fact. The chemicals cause a severe skin condition, within three months I was completely unable to function. Wearing clothes was unbearable. I was a self employed upholsterer operating my business from this private property. It was not possible for me to work as the skin eruptions oozed puss and blood constantly, this was a full body condition. It was obvious from simply looking at me that I was suffering severely. These terrorists had no empathy for my suffering. Their only concern was for one of them to acquire my private property at any cost. They committed criminal offenses on this special ones behalf. I was criminally charged multiple times by the City and the States attorney based on fabricated laws. All charges were dismissed, that only made my attacker more aggressive.

My options boiled down to fleeing to escape the chemicals or invoking my second amendment rights. I fled. When I fled I was also blind and homeless for the following 4 years. I understand it is the responsibility of the FBI to investigate corrupt State and local officials. I understand it is the responsibility of the US Attorney to prosecute corrupt State and local public officials. This FBI agent did not look into financial records for a bribe that has been paid. He did not question any of my witnesses, he did not interview my Drs. He did nothing that would follow standard procedure required for a competent investigation.

I have never committed any criminal offenses. I purchased my property because it had exactly what I needed to provide my livelihood, a home to raise my son and it was in my budget to purchase. I traveled to Washington DC to change the laws allowing people with circumstances that will not allow for them to work outside the home. I had that situation. I was selected for the next habitat for humanity home and when I acquired financing of my property I withdrew my application, passing that home on to another needy family. I have always acted in the best interest of the community. I am the only person that I can find on record that has been a victim of chemical warfare committed by my government for the purpose of elimination. My condition is chronic. I have a life sentence of suffering from acts of torture by my government. I am pleading for all fellow American’s to unite as one voice forcing government accountability for the war crimes they have committed against this civilian. I need a leader in the process to proceed with my goal. There could not be a more relevant case concerning the rights of a completely innocent citizen of the USA. If you are bound to one of the Political parties it is irrelevant. This is a nonpartisan issue. These rights are inherent to all Americans.  This is a moral issue of right and wrong as well as a serious criminal offense. https://docs.google.com/presentation/d/10o7BgegCaQc5BVIqEabn4KD_9fBbjaf2Xb6TP6F7iX4/edit?usp=sharing

Directed to AUSA Kevin VanderSchel. Who is lying, FBI or AUSA and Sheriff?

AUSA Kevin VanderSchel has advised that my emails go to his spam. So if any of you have a connection with him please forward this to him, I am not done defending myself against his accusations. Tell him to offer up some evidence supporting his opinions.

The basis of my complaint has long been that nobody has reviewed my evidence. It is clear to me that the failure to competently review my evidence it for the purpose of continuing my suffering. The evidence is indisputable. Private property rights are Federally protected. Nobody has the right to violate Federally protected rights.  For my government to use chemical weapons with intent to cause physical harm is terrorism. Whether there is a actual law against terrorism in the US or not, that is what this was. According the FBI Agent Reinwart there is a law against supporters of terrorists. If that is the case there are many government officials who have supported acts of terrorism in this case. The motive to eliminate me from my private property violates my 4th,  5th  and 14 amendments guaranteed by Federal law. 

Authors Note;  There has been nobody that has reviewed my evidence! The statement that the former Davenport branch chief reviewed my materials is false. You assumption as to when I contacted the FBI is completely false. The fact is that, Grassley’s assistant advised me that the FBI would contact me.  Senator Grassley requested 2 inquiries on my behalf advising me that the FBI would contact me never happened. I reached out to the FBI division that covers my area, not before Sheriff Weber contacted a friend (former branch chief) of his and put his own spin on the story. The former Davenport branch chief did NOT review my materials. Either he is lying or you are lying. Where is the evidence that he reviewed my evidence? Those conversations are recorded. I stand by my statement that the only conversation was him advising me that the Statute of limitations had expired conversation ended. He was not interested in anything I had to tell him about my situation.  What was the former branch director Jeff Huber basing his information on. There is no evidence of Huber reviewing my materials as you claim because it never happened. FBI agent Thomas Reinwart came to my home specifically to review my hard copy evidence. Upon arrival he informed me that he had no intention of reviewing my hard copy evidence. He advised me to verbally tell him my story. I protested advising him it was not possible to tell this story because there are too many tentacles to tell this story.  The only way a person could fully understand the magnitude of the egregious acts committed against me is to personally  review the hard copy evidence that fills 3 + three ring binders. This is the standard procedure used in any type of investigation. I have understood hearsay is not evidence since I was in high school. Unless the laws regarding hearsay have changed that procedure stands. 

Your repeated attempt to question my credibility is obvious. Having refused to review my evidence seems quite relevant in your continued defamation of my character.  I take offense to your berating of my character based on the documented accounts of all government officials being found guilty of ethical violations. 

You yourself have given me reason to question your ability to read and comprehend documents that I have submitted to you. For example our first correspondence you stated that my allegation occurred between 2002-2004. When that is clearly not the information the evidence you reviewed showed. I don’t believe you could have possibly read the evidence and come up with  that conclusion. Perhaps you should not take hearsay from any of you colleagues as fact and only use hard copy evidence to make credible determination about any issues brought before you. 

I am stating in no uncertain terms that, I was advised that Senator Grassley was forwarding all the evidence I was sending him to the FBI since 2007, he has been advising me that he was doing this.  That’s what I was told and I have the email evidence to prove this is a fact.

I am aware that Sheriff Stacy Weber gave information to Jeff Huber and that information was then given to Agent Reinwart.

I know for a fact that Sheriff Weber has no hard copy information about my case. I know for a fact that any information Sheriff Weber thinks he has, is based on hearsay from the opposing party. Sheriff Weber has been involved in protecting the opposing party. This was taking place in 2017, I did not post all my evidence on my website simply for personal safety issues. I requested Reinwart share the information that he received from the third party by Sheriff Weber. Reinwart  refused to share the information with me. If he had and he should have, if he were doing a competent investigation I would have had the opportunity to submit conflicting evidence with the hearsay evidence that was given to Agent Reinwart. 

The last sentence in most of our correspondence offends me as a victim and a former taxpayer. You generally close with the statement that your office will not put anymore resources into my case. That may be acceptable, if you had put any effort into a competent investigation into my allegations, you have not.  As an Assistant US Attorney your failure to recognize that private property rights are Federally protected gives me the opinion that you are not qualified in your duty to uphold the Constitution of the United States. These rights can be found in the 4th, 5th and 14th Amendments of the Bill of Rights. 

No remedy for terrorist assault using chemical weapons in Iowa?

I was advised it is difficult to hold local government officials compliant to the law. That statement I will never understand. The justice system hold citizens accountable for their illegal acts, but they find it difficult to hold citizens with government titles accountable to the law?

I have recognized for several years that nobody is going to act on my behalf. Someone has the authority and the duty to investigate and prosecute corrupt public officials. Is it that you do not know the name of any Federal authority that is willing to become personally involved in a case of torture committed by government terrorists or is there none that exist?

I can make a statement to the public that I am going to take up arms against my attackers and there still will be no Federal authority who will come after me for threatening the lives of those who have tortured me. You know why? Because at some point someone would have to review my evidence. Someone would have to represent me. Somebody would have to hold accountable, not your run of the mill corrupt public officials, but public officials who without a single doubt participated in the torture of an American civilian in the State of Iowa.

No Federal agency or authority could give two shits about their oath to uphold the Constitution. The only option I have is to serve justice myself. I have been disrespected and treated less than human for to long now. My terrorist have no concern about ever being held accountable because no Federal agent will question the lies they have been told. To be an US citizen today and still have a belief that the cops are honorable, servants of justice you would have to be completely off grid with no access to the news at all. Anyone who would question my credibility over that of the local law enforcement officers simply has not reviewed the evidence. You cannot review the evidence and not recognize the false statements made by these local officials. They implicate themselves on public record, you cannot get more solid evidence than what I have.

I have hard copy evidence that my attackers have lied to the FBI. If the shoe were on the other foot I would be criminally charged with the crime of lying to the FBI. When an AUSA tells me that he has the authority to violate a civil court order, an order that if it had be complied to or enforced when it was issued my suffering would have ended right then and there, he is lying.  That order was ignored and my suffering has only increased. In any other situation ignoring a court order is an act of contempt.

Why am I the only citizen who has ever been a victim of chemical warfare committed by my government for the purpose of eliminating me? There are laws in place to prevent this from happening, those laws have been enforced in every other case. Trespassing is a common criminal charge in Lee County, Iowa. Why was I denied the right to have a trespassing complaint filed against someone the evidence supports is a psychopath?

I guess I will never know. I know that one day I will wake up and the camels back will have broken. I know that I will lose my life defending my honor at this time. I accept that to be my destiny. I will die with dignity. My attackers will burn in hell.

There is someone whose title gives him or her the authority to intervene in cases of willful misconduct and intentional negligence of Federal and State authorities, be them elected or hired. Someone with a name and a phone number. Someone who I believe that, if they had any clue as to the facts of this case instead of the hearsay given to the FBI and AUSA would feel obligated to step up on my behalf. I simply do not have the name of the person who has that obligation. All I have is a blank wall to speak to an nobody has heard me.

I don’t know what else to say. Without the contact information I cannot do anything but invoke my 2nd amendment. I just hope after a tragedy happens you and the few others who have been kind enough to listen to me will insist on a thorough investigation as to why this had to happen. Because it has to happen or I am disrespecting myself. I cannot do that any longer. I wish they would come and get me for threatening someones life, then I would have the opportunity to submit my evidence. That’s why they won’t.

Nobody should be treated less than human. I have been and it has been devastating to be the victim of such evil human beings. My life is natters to those who love me. To be forced to defend myself is going to effect the lives of many people. It can only be saved if the Federal laws are enforced. There is no other way.

Torture is a serious criminal offense. My condition is chronic. There is not a day since spring of 2005 that I have not felt the physical and mental suffering of torture. Who prosecutes acts of torture? That is the person who hold lives in their hands. It cannot be any Federal official from Iowa. I asked for an independent investigation years ago. No response, is like putting a cigarette out on my cheek. Denying me the right to present my case to a grand jury is like putting a cigarette out on my cheek. I can tell you there is no person who has not tried as hard as I have to use the justice system to remedy a situation. It just isn’t going to happen for me.

You have the connections to the connection of the person who can take this case under such special circumstances, I am sure of that. You may not know who, but someone you know does, I bet on that. I am sorry you have not been able to assist me, I am thankful for your ear and respect you have shown me.

  •  The remedy to my situation is simply to have an unbiased investigation and a US attorney who has not worked with the County Sheriff for “years” to review my evidence.
  • For an FBI agent not to recognize that private property rights are Federally protected is completely unacceptable.
  • For the AUSA to advise me that no matter what my evidence proves he will use attorney discretion and not prosecute people who have use torture tactics to eliminate me from my private property is unacceptable.
  • For the FBI agent to give me three different versions of how he submitted my complaint to the AUSA and me not to recognize red flags is an insult to my intelligence regarding his credibility.
  • For the FBI agent to refuse to review my evidence and request me to verbally tell him my story brings his professional ability to be questioned.

Who in the FBI or any law enforcement agency would use hearsay over the documented evidence. A a competent investigation into my allegations of these two Federal officials actions of their willful misconduct and intentional negligence, collusion is what is needed for proper justice being served. The evidence is written and sent to me by them.

A legitimate and competent investigation is what the government needs to provide in the best interest of all citizens. Corruption is thicker than the thieves who stole my private property and health from me. This is in everyone’s best interest, these people are why the citizens have no respect for law enforcement. These people are the cause of mass shooting tragedies. The evidence will prove these two Federal authorities conspired to violate my Federally protected rights.

To find an honest unbiased investigator, is that even possible? I have advised that I would travel to have my evidence reviewed. But I am not going to pretend to be ignorant of what my Federal rights are. If an investigator does not know private property rights are Federally protected he shouldn’t be representing the Federal government. He damn sure shouldn’t be lying to my face as this one did. Had the article not been published in the newspaper recently associating the AUSA with working with the Sheriff for “years” I would have no proof of their relationship. Now I do. My State and Federal rights not being held above the protection of corrupt local government officials is unacceptable.

Where was homeland security when I needed protection from terrorists assaulting me with chemical weapons? Oh that’s right! They were the participating in the ongoing assault. There is no immunity from justice given to any of these domestic terrorists by me. https://poisonedbymyneighborfromhell.com

Hard to keep local government officials within the guidelines of Federal law?

I was recently advised of this by an attorney, in fact over these past few years several attorney’s have had similar advice for me.

I have gone to extreme lengths to get the proper authority to review the evidence in my case and to proceed to have justice served.

My case is non typical of any other case in this Nation. The criminal acts committed against me have been intentional. They have been as brutal as a civilian in this Country have ever experienced. The pain and suffering continues to exist from the time my eyes open till the time they go to sleep.

The fact that no Federal authority chooses to prosecute my attackers should not have ever been considered in this case. There are Federal laws on the books that are in place to protect citizens from exactly what has happened to me. These laws are not optional for prosecution. Those who have the duty to investigate and prosecute and have not preformed their duties and just as guilty as the ones who physically attacked my person and property, in my opinion they are more liable. They have provided me with no means of having justice be served. The violations of my State and Federal Rights are not to be violated anymore than those who have attacked me. For any person to be held above the law in serious criminal offenses against another citizen is difficult to understand. I know this neighbor is suffering from psychopathic personality disorder. I know that the other officials were in it for personal financial gain. I know the facts because I was a witness, and I have the documentation supporting my allegations.

To the extent in which I have been violated lets get right to the bare bones. Corrupt local government is a common reality in the entire USA. Generally it does not take the form of intentionally causing physical harm and suffering to an innocent civilian. When Senator Chuck Grassley advised me that he requested an inquiry into my allegations I felt a sense of relief. The Senator has great influence over the Federal Government. He advised me that the FBI would be contacting me. I waited for five years and nobody from the FBI contacted me. I contacted the Senator again, he advised me that he would request a second inquiry on my behalf. He advised me to be patient, it takes time. Another five years pass and nobody from the FBI contacted me.

Have you ever tried to contact the FBI, well don’t waste your time because you are only going to be disrespected and hung up on. You can never get the name of the person you are speaking with and quite frankly the statistics show that they as a whole are incompetent. In my case the same is true. I reached out to an agent through the County Sheriff, I knew he had a conflict of interest, that’s how desperate I was.

During these ten years of waiting for a response from the Senator’s inquiry I continued more advanced degree of suffering. My entire body was reacting to the chemical exposure. I had no choice but to stay at my private property with would have resulted in my death I am sure, or flee to escape the chemicals. I chose the latter believing that at some time I would be compensated for the damages I suffered from the intentional actions of my corrupt local government officials. They terrorized me, I was afraid to go to sleep at night because I knew they were not beyond setting my house on fire with me in it. I know that for a fact. You don’t know that because you have never had the opportunity to read my story.

The Senator still has an obligation to assure my evidence has been properly reviewed, however he has now suggested he can do nothing on my behalf. So to sum up what he did, he requested two inquiries on my behalf. He apparently was never given a follow up report from the FBI disclosing what they discovered in my case. I can tell you what they discovered. They discovered nothing, they have never reviewed the evidence. The agent who I finally got connected with came to my home for the purpose of reviewing my evidence. He arrive announcing that he had no intention of reviewing anything. He later disclosed to me that the County Sheriff had given information (hearsay) to a third party and that is how he determined no Federal law has been violated. I can tell you and most of you know that when it come to telling the truth about any subject a law enforcement officer is the last source you can trust to be honest. I was not privy to the information given to this agent, for the purpose I am sure that I would not have the opportunity to present evidence that he was making false statements. This agent was supposed to be investigating on my behalf. He instead cover up the violations of Federal law committed by corrupt local officials.

Now what options do I have to seek justice in a case that destroyed my life? You know and I know the only resolution I have available for justice to be served. The media has much responsibility for the mass shootings we hear of in today’s world. I can testify that these random shooters are not mentally ill. They have been violated to the degree that they will not allow to be disrespected for one more minute. That is what the media should be reporting before it comes to this extreme.

I have pleaded with the media to publish my story. The local editor has been sent the evidence as it took place by me. He stated that my case looks cut and dry. He is right there is no reasonable justification for the criminal offenses that have been committed against me. But he will not publish my story because he has a good relationship with the County Sheriff and does not want to put that in jeopardy. Should I happen to decide I will not go one more minute being disregarded and disrespected to be a human being I am certain that this local editor will withhold the evidence that has been submitted to him by me.

Protecting corrupt government officials is not in the best interest of them. It takes a tragedy and still they are protected from being exposed as the animals they have become.

The buck stops here. https://poisonedbymyneighborfromhell.com terrorist governments using chemical weapons against civilians happening in the USA today. But don’t tell the general public. Let them put themselves in a life threatening situation, that is in the best interest of all involved, right?

Give me my day in court or an AR-15.

18 U.S. Code CHAPTER 11B—CHEMICAL WEAPONS. FBI SA THOMAS REINWART DETERMINED NO VIOLATION OF FEDERAL LAW HAS OCCURRED

The fact that FBI Agent Reinwart, refused to review my evidence that supports without a doubt my allegations leaves his decision irrelevant. It does not take a graduate of the academy to know that an investigation requires reviewing evidence from both sides of a case. In an email he sent me he admits that he made his decision based on what I verbally told him and what the County Sheriff told a third party. I even submitted evidence that the Sheriff had a conflict of interest with the opposing party. He made his decision based on false statements given by the sheriff. I asked Reinwart to share with me the information the Sheriff had made in his statements. Reinwart refused. Reinwart was supposed to be investigation this case on my behalf. He could not share the false information given by the Sheriff because I have hard copy evidence that would prove the Sheriff was lying. The sheriff knows no facts about this case. Any information he has is based on lies made by the Conlee’s. I can prove multiple counts of perjury made by Conlee in the civil case. AUSA Kevin VanderSchel was lying when he advised me that he had the authority to violate a civil court order. When we have Federal authorities who have no regard to the oath they took to uphold the Constitution its time for the citizens to unite and remove them from their positions. Dirty Rotten Bastards. I have a purpose to speak to the Inspector General. To expose one corrupt government official is small potatoes. I have an entire group of self serving government impostors that need removed from their positions. Hearsay is not evidence. Dirty Rotten Bastards. Private property is never to be taken without just compensation. Reinwart did not possess the knowledge of  any Federal law, who is responsible for putting this incompetent individual in his position? He has shown me that he is not qualified to investigate any case regarding Federal law!

18 U.S. Code § 229.Prohibited activities

(a)Unlawful Conduct.—Except as provided in subsection (b), it shall be unlawful for any person knowingly—

(1)to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; or

(2)to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1).

(b)Exempted Agencies and .—

(1)In general.—

Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon.

(2)Exempted persons.—A person referred to in paragraph (1) is—

(A)any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; or

(B)in an emergency situation, any otherwise non culpable person if the person is attempting to destroy or seize the weapon.

(c)Jurisdiction.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct—

(1)takes place in the United States;

(2)takes place outside of the United States and is committed by a national of the United States;

(3)is committed against a national of the United States while the national is outside the United States; or

(4)is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States.

18 U.S. Code § 229A. Penalties

(a)Criminal Penalties.—

(1)In general.—

Any person who violates section 229 of this title shall be fined under this title, or imprisoned for any term of years, or both.

(2)Death penalty.—

Any person who violates section 229 of this title and by whose action the death of another person is the result shall be punished by death or imprisoned for life.

(b)Civil Penalties.—

(1)In general.—

The Attorney General may bring a civil action in the appropriate United States district court against any person who violates section 229 of this title and, upon proof of such violation by a preponderance of the evidence, such person shall be subject to pay a civil penalty in an amount not to exceed $100,000 for each such violation.

(2)Relation to other proceedings.—

The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.

(c)Reimbursement of Costs.—

The court shall order any person convicted of an offense under subsection (a) to reimburse the United States for any expenses incurred by the United States incident to the seizure, storage, handling, transportation, and destruction or other disposition of any property that was seized in connection with an investigation of the commission of the offense by that person. A person ordered to reimburse the United States for expenses under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered under this subsection to reimburse the United States for the same expenses.

18 U.S. Code § 229B. Criminal forfeitures; destruction of weapons

(a)Property Subject to Criminal Forfeiture.—Any person convicted under section 229A (a) shall forfeit to the United States irrespective of any provision of State law—

(1)any property, real or personal, owned, possessed, or used by a person involved in the offense;

(2)any property constituting, or derived from, and proceeds the person obtained, directly or indirectly, as the result of such violation; and

(3)any of the property used in any manner or part, to commit, or to facilitate the commission of, such violation.

The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to section 229A (a), that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by section 229A (a), a defendant who derived profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds.

(b)Procedures.—

(1)General.—Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by subsections (b) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except that any reference under those subsections to—

(A)this subchapter or subchapter II” shall be deemed to be a reference to section 229A (a); and

(B)subsection (a)” shall be deemed to be a reference to subsection (a) of this section.

(2)Temporary restraining orders.—

(A)In general.—

For the purposes of forfeiture proceedings under this section, a temporary restraining order may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if, in addition to the circumstances described in section 413(e)(2) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2)), the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and exigent circumstances exist that place the life or health of any person in danger.

(B)Warrant of seizure.—

If the court enters a temporary restraining order under this paragraph, it shall also issue a warrant authorizing the seizure of such property.

(C)Applicable procedures.—

The procedures and time limits applicable to temporary restraining orders under section 413(e)(2) and (3) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2) and (3)) shall apply to temporary restraining orders under this paragraph.

(c)Affirmative Defense.—It is an affirmative defense against a forfeiture under subsection (b) that the property—

(1)is for a purpose not prohibited under the Chemical Weapons Convention; and

(2)is of a type and quantity that under the circumstances is consistent with that purpose.

(d)Destruction or Other Disposition.—

The Attorney General shall provide for the destruction or other appropriate disposition of any chemical weapon seized and forfeited pursuant to this section.

(e)Assistance.—

The Attorney General may request the head of any agency of the United States to assist in the handling, storage, transportation, or destruction of property seized under this section.

(f)Owner Liability.—

The owner or possessor of any property seized under this section shall be liable to the United States for any expenses incurred incident to the seizure, including any expenses relating to the handling, storage, transportation, and destruction or other disposition of the seized property.

18 U.S. Code § 229C. Individual self-defense devices

Nothing in this chapter shall be construed to prohibit any individual self-defense device, including those using a pepper spray or chemical mace.

18 U.S. Code § 229D. Injunctions

The United States may obtain in a civil action an injunction against—

(1)the conduct prohibited under section 229 or 229C of this title; or

(2)the preparation or solicitation to engage in conduct prohibited under section 229 or 229D[1] of this title.

18 U.S. Code § 229E. Requests for military assistance to enforce prohibition in certain emergencies

The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10[1]in support of Department of Justice activities relating to the enforcement of section 229 of this title in an emergency situation involving a chemical weapon. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.[1] 

18 U.S. Code § 229F. Definitions

In this chapter:

(1)Chemical weapon.—The term “chemical weapon” means the following, together or separately:

(A)A toxic chemical and its precursors, except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose.

(B)A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device.

(C)Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B).

(2)Chemical weapons ; convention.—

The terms “Chemical Weapons Convention” and “Convention” mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.

(3)Key component of a binary or multicomponent chemical system.—

The term “key component of a binary or multicomponent chemical system” means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.

(4)National of the united states.—

The term “national of the United States” has the same meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(5)Person.—

The term “person”, except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States.

(6)Precursor.—

(A)In general.—

The term “precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.

(B)List of precursors.—

Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.

(7)Purposes not prohibited by this chapter.—The term “purposes not prohibited by this chapter” means the following:

(A)Peaceful purposes.—

Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity.

(B)Protective purposes.—

Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons.

(C)Unrelated military purposes.—

Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm.

(D)Law enforcement purposes.—

Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment.

(8)Toxic chemical.—

(A)In general.—

The term “toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.

(B)List of toxic chemicals.—

Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.

(9)United states.—The term “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including—

(A)any of the places within the provisions of paragraph (41) [1] of section 40102 of title 49, United States Code;

(B)any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (37),1 respectively, of section 40102 of title 49, United States Code; and

(C)any vessel of the United States, as such term is defined in section 70502(b) of title 46, United States Code.

 

TOTAL DEPRIVATION OF RIGHTS Section II

TOTAL DEPRIVATION OF RIGHTS Section II

The phrase, “no one can “be compelled to be a witness against himself,” is in agreement with the Supreme Court ruling in Haynes v. U.S., 390 U.S. 85, 88 S.Ct. 722, wherein the ruling was that to force anyone to register anything is communicative, and such communicative evidence is precluded by the 5th Amendment

So with that in mind, all fiat governmental administrators, police and all associated by interlocking directorates have been given knowledge! You “know, or should have known.” 

Under USC Title 42 §1986: Action for neglect to prevent…, it states: Every person who, having knowledge that any wrongs conspired or to be done… and having power to prevent or aid in preventing… Neglects or refuses so to do … shall be liable to the party injured… and; 

The means of “knowledge”, especially where it consists of public record, is deemed in law to be “knowledge of the facts” that makes the offending, trespassing, pirating “Officer” and all supporting interlocking directorates subsequently liable for all damage and injury. THE WORLD has now been given “knowledge of the facts” as it pertains to this conspiracy to commit a fraud against me.

AT LEAST THIRTEEN (13) TIMES I noticed all Capturing and Offending Parties that I reserved ALL my Rights at all times. I did not, do not, and never have voluntarily agreed to play any game of ‘let’s pretend’ with any Legal Fictional Entity or other governmental agency. I stopped trusting big boys with real guns in 1968 with my Honorable Discharge for US Army. I reiterate, I reserved all my Rights at all times, compromising none, even though that increased my degree of torture within their confines.

“[W]aivers of fundamental Rights must be knowing, intentional, and voluntary acts, done with sufficient awareness of the relevant circumstances and likely consequences. U.S. v. Brady, 397 U.S. 742 at 748 (1970); U.S.v. O’Dell, 160 F.2d 304 (6th Cir. 1947)” . 

Fraud, deceit, coercion, willful intent to injure another, malicious acts, RICO activity and conspiracy were instrumented against Claimant by said Capturing and Offending Pirates Unconscionable “contract “One which no sensible man not under delusion, or duress, or in distress would make, and such as no honest and fair man would accept. ; Franklin Fire Ins. Co. v. Noll, 115 Ind. App. 289, 58 N.E.2d 947, 949, 950. And; 

Under USC Title 42 §1982, §1983 and/or §1441. Property rights of citizens …, further evidences the above position that the City or State cannot take property because they DO NOT have Jurisdiction. It states that federal or state governmental agencies MUST have a monetary or proprietary interest in my private property in order to have jurisdiction over it (my property has no government grant/funding and is not a subsidized government project). 

The State cannot diminish the rights of the people. Hurtado v. California, 110 U.S. 516.

To say that one may not defend his own property is usurpation of power by the legislature.” O’Connell v. Judnich (1925), 71 C.A.386, 235 P. 664.

“The phrase ‘common law’ found in this clause, is used in contradistinction to equity, and admiralty, and maritime jurisprudence.” Parsons v. Bedford, et al, 3 Pet 433, 478-9 “If the common law can try the cause, and give full redress, that alone takes away the admiralty jurisdiction.” Ramsey v. Allegrie, supra, p. 411.Inferior Courts – The term may denote any court subordinate to the chief tribunal in the particular judicial system; but it is commonly used as the designation of a court of special, limited, or statutory jurisdiction, whose record must show the existence and attaching of jurisdiction in any given case, in order to give presumptive validity to its judgment. In re Heard’s Guardianship, 174 Miss. 37, 163, So. 685

 The high Courts have further decreed that Want of Jurisdiction makes “…all acts of judges, magistrates, U.S. Marshals, sheriffs, local police, all void and not just voidable.† Nestor v. Hershey, 425 F2d 504. 

Void Judgment -One which has no legal force or effect, invalidity of which may be asserted by any person whose rights are affected at any time and at any place directly or collaterally. Reynolds v. Volunteer State Life Ins. Co., Tex.Civ.App., 80 S.W.2d 1087, 1092. 

“Whenever a law deprives the owner of the beneficial use and enjoyment of his property, or imposes restraints upon such use and enjoyment that materially affect its value, without legal process or compensation, it deprives him of his property within the meaning of the constitution. … It is not necessary, in order to render the statute obnoxious to the restraints of the constitution, that it must in terms or effect authorize the actual physical taking of the property or the thing itself, so long as it affects its free use and enjoyment, or the power of disposition at the will of the owner.” Forster v. Scott,136 N. Y. 577, [18 L. R. A. 543, 32 N. E. 976]; Monongahela Nav. Co. v. United States, 148 U. S. 312, 336, [37 L. Ed. 463, 13 Sup. Ct. Rep. 622].

 Mr. Lewis in his work on Eminent Domain, third edition, section 11, says: ‘A law which authorizes the taking of private property without compensation, … cannot be considered as due process of law in a free government.’ (Chicago etc, R. R. Co. v. Chicago, 166 U. S. 226, [41 L. Ed. 979, 17 Sup. Ct. Rep. 581].” Associated etc., Co. v. Railroad Commission (1917) 176 Cal. 518, 528-530.

An unconstitutional law is not a law, it confers no rights, imposes no duties, and affords no protection. Norton vs. Shelby County, 118 US 425.

Primacy of position in our state constitution is accorded the Declaration of Rights; thus emphasizing the importance of those basic and inalienable rights of personal liberty and private property which are thereby reserved and guaranteed to the people and protected from arbitrary invasion or impairment from any governmental quarter. The Declaration of Rights constitutes a limitation upon the powers of every department of the state government. State ex rel. Davis v. Stuart. 64 A.L.R. 1307, 97 Fla. 69, 120 So. 335. 

“The rights of the individual are not derived from governmental agencies, municipal, state, or federal, or even from the Constitution. They exist inherently in every man, by endowment of the Creator, and are merely reaffirmed in the Constitution, and restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government. The people’s rights are not derived from the government, but the government’s authority comes from the people. The Constitution but states again these rights already existing, and when legislative encroachment by the nation, state, or municipality invade these original and permanent rights, it is the duty of the courts to so declare, and to afford the necessary relief. City of Dallas, et al. v. Mitchell, 245 S. W. 944, 945-46 (1922). 

A constitution is designated as a supreme enactment, a fundamental act of legislation by the people of the state. A constitution is legislation direct from the people acting in their sovereign capacity, while a statute is legislation from their representatives, subject to limitations prescribed by the superior authority. Ellingham v. Dye, 178 Ind. 336; NE 1; 231 U.S. 250; 58 L. Ed. 206; 34 S. Ct. 92; Sage v. New York, 154 NY 61; 47 NE 1096.

 “Owner has constitutional right to use and enjoyment of his property.” Simpson v. Los Angeles (1935), 4 C.2d 60, 47 P.2d 474

“We find it intolerable that one constitutional right should have to be surrendered in order to assert another”. SIMMONS v US,

 “When rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda vs. Arizona, 384 US 436 p. 491.

 “The claim and exercise of a Constitutional right cannot be converted into a crime.” Miller v. U.S. 230 F 2d 486, 489. History is clear that the first ten amendments to the Constitution were adopted to secure certain common law rights of the people, against invasion by the Federal Government.” Bell v. Hood, 71 F.Supp., 813, 816 (1947) U.S.D.C. — So. Dist. CA. 

Economic necessity cannot justify a disregard of cardinal constitutional guarantee. Riley v. Certer, 165 Okal. 262; 25 P.2d 666; 79 ALR 1018. When any court violates the clean and unambiguous language of the Constitution, a fraud is perpetrated and no one is bound to obey it. (See 16 Ma. Jur. 2d 177, 178) State v. Sutton, 63 Minn. 147, 65 NW 262, 30 L.R.A. 630 Am. 459. 

“The ‘liberty’ guaranteed by the constitution must be interpreted in the light of the common law, the principles and history of which were familiar and known to the framers of the constitution. This liberty denotes the right of the individual to engage in any of the common occupations of life, to locomotion, and generally enjoy those rights long recognized at common law as essential to the orderly pursuit of happiness by free men.” Myer v. Nebraska, 262 U .S. 390, 399; United States v. Kim Ark, 169 U.S. 649, 654.

 “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton vs. Shelby County, 118 US 425 p. 442

 “The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.

 “No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” 16 Am Jur 2nd, Sec 177 late 2d, Sec 256 

All laws which are repugnant to the Constitution are null and void. Chief Justice Marshall, Marbury vs Madison, 5, U.S. (Cranch) 137, 174, 176 (1803).

 “Right of protecting property, declared inalienable by constitution, is not mere right to protect it by individual force, but right to protect it by law of land, and force of body politic.” Billings v. Hall (1857), 7 C. 1.

People are supreme, not the state. Waring vs. the Mayor of Savannah, 60 Georgia at 93 

“The Doctrine of Sovereign Immunity is one of the Common-Law immunities and defenses that are available to the Sovereign…” Citizen of Minnesota. Will v. Michigan Dept. of State Police, (1988) 491 U.S. 58, 105 L.Ed. 2d. 45, 109 S.Ct. 2304.

“The people of the state, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the king by his own prerogative.” Lansing v. Smith, (1829) 4 Wendell 9, (NY). 

“In Land v. Dollar, 338 US 731 (1947), the court noted, that when the government entered into a commercial field of activity, it left immunity behind.† Brady v. Roosevelt, 317 US 575 (1943); FHA v. Burr, 309 US 242 (1940); Kiefer v. RFC, 306 US 381 (1939

 “Ignorance of the law does not excuse misconduct in anyone, least of all in a sworn officer of the law.” In re McCowan (1917), 177 C. 93, 170 P. 1100.

“All are presumed to know the law.” San Francisco Gas Co. v. Brickwedel (1882), 62 C. 641; Dore v. Southern Pacific Co. (1912), 163 C. 182, 124 P. 817; People v. Flanagan (1924), 65 C.A. 268, 223 P. 1014; Lincoln v. Superior Court (1928), 95 C.A. 35, 271 P. 1107; San Francisco Realty Co. v. Linnard (1929), 98 C.A. 33, 276 P. 368.

 “It is one of the fundamental maxims of the common law that ignorance of the law excuses no one.” Daniels v. Dean (1905), 2 C.A. 421, 84 P. 332.

NOTICE OF CLAIMANTS INTENT

 I’VE THROWN MORE LAW INTO THIS DOCUMENT than the offending Libellee(s) have probably read in their lifetime. Forcing a Living Man to “pretend”  he’s a corporation, a trust, a legal entity, or some other “device” is contrary to common sense and True Law. A benefit, no matter how benevolent, cannot be forced upon any Living Man against his will. I exercise my will to inform the entire world that I am not a partaker in the/this/any Babylonian Empirical enterprise that ‘buys and sells men’s souls’ as a common commodity.  My plain statement of intent revolves around the fact that one man’s protest won’t help my fellow man, unless I demand “Enforceability.”  [Pr 29:19 “A servant will not be corrected by words: for though he understands he will not answer.”] And, [Jeremiah 13:22-26. I will discover thy skirts upon thy face, that thy shame may appear] I am openly showing you and the entire world the filth of the “Whore of Babylon”  I am lifting her skirt above her head that all can see the filth of the murders, slavery, torture, extortion and, yes, even PIRATING done by her. There are no ‘innocent by-standers’ in this theatre of Legal Fictional Entities (actors). You are either part of the solution or you are part of the problem. I am exercising one of my greatest Rights, the Right of being left alone, the Right of Privacy, the Right of Peace, which all Libellee(s) have greatly disturbed. 

The ninth (9th) Maxim of Commercial Law states that credibility is measured by the degree of risk one takes. You won’ find much greater risk than I have taken to bring Truth and clarity to this very ugly scenario. 

WHAT IS THE TRUE PURPOSE FOR POLICE ACTION/REVENUE GENERATORS? 

My limited education has informed me that anyone having my signature can use it as they see fit. So, they create new money by sending a “bill,” an instrument which has no charge to it. The bill is like an invoice, which if not rebutted will run like any invoice … 30, 60, 90 days, then it becomes a security which can be levied against. The new money created is MY money which I can prove by either 1099OID or 1099A. 

All vendors, retailers, etc., have the liability (ability to lie) to collect the interest on the national debt, which in essence is what they are doing … but they are not sending that along to the US Treasury and are in reality “pirates” operating on letters of marque and reprisal against the “enemies” of the US, you, me, and the 14th Amendment citizen under TWEA (trading with the enemy act) … BUT THEY ARE NOT PAYING THE TAX MEANING THAT THE MONEY CREATED IS “UNREPORTED INCOME” …hence the OID or A and resulting 1040 claim on interest back to principal – ME. 

When you do a full AFV (Acceptance For Value by a Private Bank/Banker) and state on the AFV “bill” to Deposit to the US Treasury and Charge the same to your corporate, Legal Fictional Entity (strawman), or to the vendor itself, it is a chargeback to the collector of the national debt, the US Treasury (you could do a chargeback to any other source … like to the Republic … if you so choose). The newly created money then is taken from the pirate for failure to ‘state a claim upon which relief can be granted (Rule 12 b 6)’ and either charged back for the use of the Republic or charged back where ever you send it. [Read: EXHIBIT  THERE IS NO MONEY] The client (vendor/presenter/seller/clerks/police “ticket†) account(s) is/are not entitled to the funds because of failure to pay the tax. The new bill is always ‘new’ money (which increases the National Debt with every issue) as they got paid when we put our signature on the original application for “credit”. The presenter (police/ticket) is always trying to avoid liability on the return of the tax to US Treasury by doing a ‘pass over’ from the application/ Bill directly to the bond of the strawman and getting you/me to become liable (30,60,90 days) … so now the presenter is trying to pirate from the US Treasury and make you liable for the payment of the tax bill — which we do when we take the Bill and AFV and deposit to the US Treasury and charge it back to either the presenter or our strawman (they are actually the same entity … all corporations o the US).     

The Treasury can’t ‘cut them a check’, but actually ‘charge’ them for the money on the presentment which is essence should have been forwarded to Treasury on the national debt!!! THEY ARE IN DISHONOR AND WILL BE LIQUIDATED UNDER THE DOCTRINE OF THE CHAPTER 11 BANKRUPTCY OF THE US! Vendors or presenters already have the benefit privilege of discharge when issued a TIN, and trying an end run with a ‘bill’ is thievery under public policy. They are not entitled to “new” money as this is a felony called unjust enrichment. One easy way to prove the felony is the 1099A, and under 18 USC 4 — misprision of felony, the IRS has to prosecute. The presenter has no rights in the matter for failure to state a claim and pay the tax … it is all NEW MONEY!!! And, every action performed raises the National Debt by that much. These are Dark Matters.

 

Montrose and Lee County, Iowa unprecedented case of corrupt local government officials. Taking private property for personal gain.

So how many citizens have been eliminated from their private property by local government officials using glyphosate as a weapon, unlawfully applied to your property?

Let me tell you how many. NONE. So this FBI agent refused to review my evidence, never checked financial record to see if a bribe has been paid. I believe an investigation into the financial records would show a bribe being taken in the amount of $4000.00. The Assistant US Attorney advised me that no matter what the evidence proves he will use attorney discretion and not prosecute corrupt local officials who used chemical weapons to eliminate me from my private property. He also advised that unless this trespasser states that he intentionally used chemicals to harm me, he would not prosecute. The evidence shows he admits that he applied chemicals to my property, in violation of a civil court order and the medical records show the chemicals caused me serious injury. Who in the hell do they think they are to have the authority to violate a civil court order. Who the hell do they think they are to violate my Constitutional right to private property. Senator Grassley has been advising me since 2007 to be patient, the FBI would contact me, he said. It takes time. Senator Grassley did this over a period of ten years. Clearly if he would not have assured me that there would be a competent investigation I would have found other sources. Senator Grassley don’t be telling your constituents that you can assist with authorities representing Federal law because in this case you have only clearly misunderstood the significance of this violation of Constitutionally guaranteed right to enjoy private property. Somebody needs to pay attention because if you think that I am willing to take this on the chin you better think again. I don’t calm down with everyday that passes, I get more angry. I am pissed off why would you assume my evidence does not fall within the guidelines for public corruption. John Kaufman continued to advise me that you are not an attorney. Well this is so simple to recognize as being a terrorist act that you do not need to be a damn attorney. What happened to the evidence I sent per your special instructions to Penny. Had you of acted on that at that time I would still have my home, business and property. I have asked John multiple times. He simply says that would be to difficult to access. Well this is my life and I believe my freedoms are equally important as you all do. Do not ignore me Senator Grassley I will am not going anywhere until I am confident that you know the facts of this case. You should just go ahead and contact me now so we can get on with this. If not you will succumb to bad karma spirits. You can’t treat a human being like this government, your government has done to me. It is a violation of international law. It is a  crime against humanity. You were on that committee when this began and you don’t know what laws you were representing? The actions against me can be considered nothing less that war crimes. Everyone of you took an oath to uphold the Constitution. Everyone of you recognize that using chemical weapons is a war crime. Everyone of you that turn a blind eye instead of looking into my allegations are guilty of committing war crimes. And you have no compassion for committing these crimes against a fellow American? And the victim is what we are seeing as becoming the typical person attacked being a single middle aged female. You would not commit these acts against a man because a man would defend his property by taking up arms. I would have if you would not have continued to assure me that the FBI would investigate. You find me one other case with these circumstances, a person’s private property is taken control of by a neighbor using chemicals as a weapon with intent to eliminate that person. You find a case and I will go away. You will not find a case with these circumstances because every reasonable person knows it is illegal to trespass on the private property of another. Why was I denied filing a trespassing complaint. I have a list of these charges in this county but I was denied by the city and county attorney. Bullshit. You have to attack a single middle aged woman that has more dignity in her little finger that you have in your entire corrupt bodies. Get freshened up on your hate crimes because I can feel any compassion I have had for fellow man has dissipated. https://www.youtube.com/watch?v=4FkbzNnnPg4

Letter I wrote in 2011, got no response from State and Federal officials.

To whom it may concern,
I have followed every procedure available to me in the civil court system. Elected City officials and City police officers have publicly defamed my character over a period of over 4 years. County law enforcement officers have publicly defamed my character by knowingly making false statements about my character over the police radio heard by any citizen with a police scanner in their home. I have been denied my right to enjoy my own home, business and property for a period of over 4 years.I have been denied equal protection of the law for over a period of 4 years. I have been denied the right to file criminal complaints against the perpetrators by law enforcement officers for over a period of 4 years. I was a victim of domestic terrorism by being intentionally exposed to toxic chemicals applied on my property by the owner of the property adjoining mine and in violation of EPA regulations by the City for over a period of 4 years. The city official refused his appointed duty to address the concerns of a resident in reference to the nuisance drainage issue, there is no record of this long time or any other appointed building administrator refusing his duty in a private manner by going to the site in question and answering questions of the property owners involved. I contacted a local elected State Representative. He having never heard of a situation as I described being treated contacted City Hall on my behalf requesting I be put on the agenda, in an effort to force the appointed council member to answer my questions. Public records shows it a rare occasion that particular council member having served 15 years that I lived in town and many years prior to my moving into City limits was absent at this meeting. His absence was an intentional act to avoid his duty to address my concerns. Local law enforcement officers have refused to investigate my allegations by refusing to review the documented evidence or question the list of witnesses I have provided to the officer and the County Attorney. The City officials have continuously refused their duty enforce compliance of State laws pertaining to property redevelopment that protect adjoining property from nuisance drainage, required set backs of new structures. The adverse effects to my property were foreseeable and preventable. The City acted intentionally negligent and the redevelopment of this property caused a loss of value to my property according to the assessor due to the excessive increase of storm water diverted directly on to my property. The fact the criminal acts against me were perpetrated by the Mayor (who was also the seller of the property being redeveloped adjoining mine), several council members, City police officers, the County Attorney and 2 County deputies violated their duty to protect and chose to conspire in criminal and unethical offenses. No where in the Constitution or Bill of rights either State or Federal that states a government official is allowed to opt out of his sworn duty. Now the Federal Government officials has the duty investigate my evidence, defend and protect my individual rights given by the Constitution and Bill of Rights. Nor does the fact that these individuals being government officials exempt them from being held accountable and prosecuted to the fullest extent of the law in a Federal Court. These same individuals have a history of unethical behavior in the past. Using their positions in a self-serving manner. I am unaware of any so brutal to cause personal injury to another human being as has happened to me. My case is unprecedented. I am a victim of domestic terrorism by the use of toxic chemicals, chemical warfare. No different than anthrax or any other dangerous chemical. When reports of anthrax being sent by mail to government officials or other individuals of notoriety it is taken very serious by the Federal Government, The FBI is investigating the evidence of every allegation immediately. I was selected to speak to a Congressional committee on capitol hill in the past. My testimony helped provide many poor family acquire the assets to become productive members of society. I owned my own home, owned a highly reputable self-employed business and a substantial size piece of property for 15 years. I was debt free and had an excellent credit rating. Does that qualify me as being worthy of at least the professional courtesy of my simple request of an investigation? An  investigation by the FBI should be acted on immediately on behalf of any citizen who’s allegations are as serious in nature as what I have been the victim of. Physical injury due to ongoing intentional exposure to toxic chemicals. I will continue my quest for answers as to why this happened to me by continuing to contact every resource available, repeatedly until someone investigates my story, be it a Government agency or the media. If you can advise and assist me as to how I can and file a criminal complaint of perjury and contempt against this councilman/neighbor without the assistance of the County Attorney I will anxiously proceed to do so. If I can only access the State criminal court system though the County Attorney then I want to file a Federal complaint against the County Attorney and local law enforcement officers for violating my Constitutional Rights, intentional negligence, official misconduct and any other charges that may apply. I have over 400 documents of evidence that prove what I am claiming is completely true, due to the fact that this criminal attack on me has been ongoing and continuous beginning in 2005. I am also requesting to correspond with only 1 investigator because I am very timid and it is very difficult for me to speak openly with a complete stranger. The documents and photos evidence is contained in an several 3 ring binders by date of event. I have a couple basic questions I would like to know if you have ever heard other cases similar to what I have experienced. For instance the EPA field investigator advised me that what the City did with chemicals to an easement in the manner in which was done to my property was “unheard of”.
A couple questions for you. Have you ever hear of a case in which when I contacted the county attorney in requesting that I wanted to file a contempt of court charge against the opposing party in a civil trial his response was “I frankly don’t care what Judge ____. ruled”. 
Have you ever know of a case in which a pastor went to City Hall to pay on my water bill her payment was not accepted.  She was told that the payment have to come out of my pocket. She expressed to me that she became irate when she was told that. She stated that she recognized at that time the degree of oppression I had suffer. She was treated so disrespectful, absolutely unacceptable behavior of the City officials. 
Please, I believe my case is the most brutal and vicious that has ever occurred in the Country. If you can find one that is comparable I desperately need to see it. I am sure I will find comfort knowing that I am not the only person that has suffered severely at the hands of local government officials extreme continuous criminal, unethical and immoral behavior. These are dangerous individual capable of causing  the death of another human being. I don’t know if I can handle the emotional turmoil inside of me. At what point does a person decide his only option is the 2nd amendment. How can you help me get justice for the crimes committed against me?  
I have evidence of numerous serious criminal and unethical acts against me. The following describes the most physically and mentally damaging. This was an act of domestic terrorism. I have been advised by the State Attorney Generals office that they can only get involved in a case if a case is referred to them by the County Attorney. I believe anyone has the right to investigate my local government officials. I believe the Government has the duty to investigate citizens being oppressed and violated of their given rights.I am requesting an investigation based on my evidence and witnesses that support my allegations. It will shock those who have no conscience. An investigation by a reputable National media source could certainly be embarrassing to the Government. The evidence that this chemical is toxic and was also unlawfully applied by the City comes from an investigation by EPA. Evidence supporting other offenses including arson, knowingly making false statements, defamation, harassment, perjury, contempt and document fraud. All of which are by admission of the offender and indisputable. The witnesses on my behalf being immediate family members or fellow law enforcement officers. The repercussions have proven to be severe to those who have attempted to speak on my behalf. This County has a history of corruption that has only been exposed by outside sources. I believe my life could be in danger.   
In May 2005 my neighbor applied chemicals to my property without my knowledge. I then advised him and law enforcement that I had developed a rash and did not want anything applied to my property. I requested an incident report from the police officer. The officer would not give me an incident report or file a complaint against this man on my behalf. The officer stated that he did not want to make the councilman/neighbor mad. He continued to apply chemicals to my property on a regular basis throughout the summer. My rash progressed to a full body skin disorder, causing me to repeatedly seek medical attention at the ER. The pain and suffering was excruciating. I continue to suffer extreme mental anguish because the officer would not intervene. He presented an incident report in Sept. stating that he could not remember what my complaint was in reference to. I told him that I wanted a report based on my initial complaint. A week later he gave me a report with the relevant information. The officer failed to protect my right to enjoy my property. The officer failed to provide me equal protection of the law. That officer was forced to resigned due to unrelated unethical behavior, The new officer hired by the City continued the same type of behavior. The neighbor continued to apply chemicals to my property. My skin disorder continue to progress. I could not work, I could not function. I could not control my emotions. I could not bear to wear clothes. I was in severe pain 24/7. The new officer advised me that I should move. A civil court ruled against the neighbor citing my Constitution Right to enjoy my own property.  The neighbor acting in contempt continued to apply chemicals to my property with no concern of being held accountable. I did sell my home and business in an unsuccessful to date effort to regain any quality of life. I have always been of the opinion that it was the actions of the councilman/neighbor that caused injury to me. But it is the liability of the City and County Attorney due to the intentional negligence. Do you agree that this is a matter of violation of my Constitutional rights? There exists a conflict of interest between the County Attorney and the City preventing any contempt of court proceedings. The evidence and witnesses I have prove without a doubt my allegations. I have been constantly harassed and my complaints ignored. My character has been defamed and these authorities have knowingly made false statements from the beginning of this nightmare,. My allegations are absolutely outrageous but completely true and provable. I have lived in a state of terror with no protection of the law. There has been no investigation into my allegations. In fact, if any outside source would give me the benefit of the doubt and review my evidence and question my witnesses they might conclude that there needs to be more oversight and criminal prosecution of local government authorities. I contacted many of you previously when I was clearly in a state of despair and there was no response. Perhaps I was not clear with my explanation of what had transpired. I had severely impaired eyesight that hampered my ability to communicate adequately for an extended period of time. Unfortunately the corrective surgery has not been completely successful and the I can not get further medical attention until April.  I have contacted every State Government resource available, with no response regarding my request into an  investigation of my evidence. Some one needs to be the hero here. I am a victim and a witness of serious criminal acts by local government authorities. I can understand now how a person can be so personally violated, beg for help, be ignore, lose control, labeled as deranged to satisfy the public the facts never disclosed to the public. That in my opinion is a tragedy. I will continue to this forum as my weapon for justice until the day I die. Do not dismiss me as crazy until you review my evidence.  Please respond.sincerely,
Melody Boatner

This was sent to mhorvit@ire.org, non-attorney Staff <legal.program@aclu-ia.org>, Congressman Dave Loebsack <Rep.Loebsack@mail.house.gov>, dateline@nbcuni.com, Jason Hancock <jason@iowaindependent.com>, IDCI Gerard Meyers <meyers@dps.state.ia.us>, Omaha@ic.fbi.gov, usa@mediacom.com

Recently there was an imposter sent to my home perpetrating an FBI agent. The intent was for him to review the hard copy evidence I have supporting my allegation. He arrived advising me that he had no intention of reviewing any hard copy evidence. He ordered me to verbally tell him the story. I advised him that it was not possible to tell this story because it is to complex. I had the option of verbally telling him or I suppose he would have left with nothing. He gave me 2 1/2 hours to attempt to tell the facts of a case of pubic corruption that had gone on for years. That same day two hours later I received in the mail a letter from FBI Washington, DC. The letter stated that the imposter agent had determined no violation of Federal law had occurred. The letter was signed by J.C. Hacker. This letter was obviously was based on a fraudulent investigation. Predetermined by the imposter that came to my home. He admitted that he had been given verbal information that came from the County Sheriff. He somehow was so professional that he believed the fabricated story of a know dirty cop over my story. He had the opportunity to review the evidence himself. He knew if he had followed procedure for investigations he would have no option but to bring criminal charges against these corrupt local officials. So where the hell is justice in this. This only expanded the conspirators violating my Constitutional Rights. Deprivation of Rights under color of law, Discrimination, Fraud, and I guess these people want me to commit a crime to get a response from them. What crime would it be to force someone to defend themselves by taking up arms? Do they think I am just going to walk away and let this psychopath have my assets? Hell no I am not. There are laws that protect citizens from trespassing. Criminal laws, laws that force compliance to court order, contempt of court. Glyphosate is a poison, I was intentionally expose to this toxic chemical by my local public officials. What the hell are public corruption laws written for if not to protect the rights of the citizens. Statute of limitations does not apply in cases of torture. Domestic terrorism is real.

Does an AUSA have the authority to use attorney discretion to violate a civil court ruling made by a Judge?

Nobody has contacted me from the FBI yet. I called the Washington DC headquarters and every time they hang up on me. I don’t even get to voice my issue. Federal official requested two inquiries, advised me that the FBI would contact me. Ten years later they still hadn’t contacted me. I reached out to the local division, but not before the Local official had contact an agent buddy of his, Local official has a direct conflict of interest with the opposing party. Whatever the local official did tell his friend was false, I know that is a fact because he knows no facts about this case. I asked the agent that was pretending to be investigating my complaint to share the information the third party was told by local official. The agent refused. He advised me that based on the hearsay local official  had given the third party and what I had told him. He made his decision not to investigate. I have the hard copy evidence that proves beyond a reasonable doubt my allegations cannot be denied. My point is TEN years after Federal official requested an inquiry. I don’t have ten more years to wait for these criminal actors to have justice served on them. You understand the seriousness of the degree of the crimes committed against me don’t you? I am serious. The only thing a honest law enforcement officer has to do is to actually take the time to review my hard copy evidence. It’s not that much to ask. These locals had no regard for my life, had I not have fled I would have been murdered by the intentional poisoning. Give me that name and contact information for an agent not associated with this locals who have been biased do to false statements made by the local official. I am not going to be the only victim of this brutal chemical attack. I am telling you, the evidence clearly shows what I have been claiming for the past ten years. Being patient as advised by Federal official never did a thing for me. I do not know the process of requesting an inquiry, but I am sure you submit the Federal official’s request to someone who has a name. Is that right? I want that person’s name. If you do not submit the request for an inquiry you need to change up the standard procedure for this case with special circumstances and direct it to the highest authority. The EPA has law enforcement officers of their own. I want to talk to a specific person. For me to call the Washington DC division without an extension to a specific person makes me feel discriminated against. Federal official told me years ago that the Federal official had a contact in the FBI, now the assistant tells me Federal official can’t contact anyone in the FBI because its against the law. What has happened to me is against the Federal law, what the hell? He has been talking out both sides of him mouth representing Federal official. He will not allow me to speak with Federal official, so I really don’t know if Federal official knows anything about what I have been advised he has been doing on my behalf. One of the Local officials wrote a letter on my behalf to this incompetent FBI agent. The Local official told me that he could not believe that nobody has contacted him from the FBI. He stated that if I had a Federal official on my side more than nothing should have happened already. Let me make sure you understand exactly what happened to me with the FBI and AUSA.  Supporting the criminals in this case they have also conspired against my Civil, human and Constitutional Rights. No government official can legally turn a blind eye to corrupt acts committed by government officials. If they do they are not only co conspirators against my rights but also violating the rules of ethics for Government service. I have been a victim of physical abuse by a local resident since I could walk. I had escaped that abuser.  I acquired my home, business and property. Then, I am physically abused by my local government officials by the intentional use of chemicals as a weapon, no question that the chemicals were applied to my property with intent to cause me serious harm or death. The evidence could not be more solid in supporting that to be a fact. I need someone to enforce to law, to protect me from harm. Right now the only person with influence to do that is you.

I want to know if an AUSA has the authority to violate a civil court order without some type of court procedure. I have a hard time believing this AUSA. He told me that he could completely disregard a civil court order because he has attorney discretion. It is not reasonable that he can violate a court order made by any Judge. Can you find that information out for me. My question is “Does an AUSA have the authority to use attorney discretion to violate a civil court ruling made by a Judge”? The logical answer to that question is no, why would the citizens waste the time and their money to proceed with a civil court trial? Kevin VanderSchel of the Des Moines, Ia US Attorney’s for the Southern District of Iowa is a XXXXXX. He needs to be removed from his position immediately. How many others has he violated before me? I find very few cases in which he is the prosecutor. I find no cases of public corruption filed in the State of Iowa. That in itself is quite telling about the thin blue line. There are more corrupt officials in Lee County that I can write about, I don’t expect Lee County is  the only county with corrupt officials. They quite possibly could be the only county who have used chemical weapons to commit acts of terror against a citizen. I can find no record of chemical weapons used by government officials against a citizen in the USA. Can anyone cite me a precedent case with this issue? Do you share information with

Federal official? I really do not believe Federal official knew anything about my case. However his assistant was acting on his behalf so I don’t know what would be the result of a situation with such serious offenses as have been committed against me. I would at least like to speak with someone justifying the local officials case.  So I could prove whatever evidence they have is fraudulent. Everyone of the named individuals wholly participated in crimes against humanity, and violation of human rights. There is no justification for using chemical weapons EVER!

severe skin disorder caused by illegal application of toxic chemicals to my property by Mark Conlee

3-9-2010-skin-condition-progressing

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According to AUSA my evidence is assumptive.

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Note the P.S. in this letter, not negotiable because if I did not take the amount offered he had already taken control of my property. What the hell would I do with $17,000?  These documents could be no better proof that Conlee wanted my property. Understand that he sued me for loss of enjoyment of his property, then he offered me these two out of court settlements before the trial started. My property was not for sale. It was never to be taken by violating my rights to use it as I wished. These are Federal criminal offenses.

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AUSA stated my evidence was assumptive, yet he is aware that SA Thomas Reinwart made his decision not to investigate my allegations based on what XXXXXXXXXX told a third party and what I had the chance to verbally tell Reinwart, given 2 1/2 hours to tell him. The hard copy evidence was right there on the table for him to review, he refused to review the evidence. I know AUSA VanderSchel reads my posts. Or he did because he was using my site to determine my case by what I had posted. I do not think it would be in my best interest to post all the evidence that has recently been given to me. Tell me now, VanderSchel, who is using assumptive evidence? Hell yes I am pissed off at the incompetence that has been shown in this case since 2005. I have committed no crime, everyone involved in this has committed criminal offenses. Is that, MY only option to have justice served.  Law enforcement has a duty to keep me from harm.  I am going to bitch till the cows come home. If this does not embarrass the government I want you to know that I am embarrassed for you.

Any reasonable person would at least offer me enough to get a comparable property. One that I could operate my business from. I have about $30,000 in receipts of the money I invested in this property. Conlee paid Mayor Dinwiddie $27,000 for the worthless lot he bought from him. It was legally undevelopable. He set a farm on an 70′ wide lot. These structures were illegal when he built them and they are still illegal. I have the original building permits.  

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 Here is the original fraudulent permit issued for Conlee’s new home.

celeste-cirinna-city-of-montrose-exec-manager-pg-5

 

Here is the fraudulent, fraudulent permit that was altered to show a fee had been paid after Conlee was elected to city council. City clerk, building administrator and Conlee conspired to commit a double fraud? That should pay treble damages in my opinion. This act of fraud was completely unnecessary, the permit is still not signed by the builder. That signature alleviates the city’s liability just like the Mayor said right before I presented it to the city council. These people should be in prison for acts of ignorance unbecoming of a government official.

These are the US law in which they should be prosecuted.

Title 18, U.S.C., Section 241 – Conspiracy Against Rights This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same). It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.

Title 18, U.S.C., Section 242 – Deprivation of Rights Under Color of Law 

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race. Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs. Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Title 42, U.S.C., Section 3631 – Criminal Interference with Right to Fair Housing

This statute makes it unlawful for any individual(s), by the use of force or threatened use of force, to injure, intimidate, or interfere with (or attempt to injure, intimidate, or interfere with), any person’s housing rights because of that person’s race, color, religion, sex, handicap, familial status or national origin. Among those housing rights enumerated in the statute are:

  • The sale, purchase, or renting of a dwelling;
  • the occupation of a dwelling;
  • the financing of a dwelling;

contracting or negotiating for any of the rights enumerated above; applying for or participating in any service, organization, or facility relating to the sale or rental of dwellings. This statute also makes it unlawful by the use of force or threatened use of force, to injure, intimidate, or interfere with any person who is assisting an individual or class of persons in the exercise of their housing rights. Punishment varies from a fine of up to $1,000 or imprisonment of up to one year, or both, and if bodily injury results, shall be fined up to $10,000 or imprisoned up to ten years, or both, and if death results, shall be subject to imprisonment for any term of years or for life.

 ARTICLE XIV.

“Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. The reasonable enjoyment of one’s real estate is certainly a vested right, which cannot be interfered with or limited arbitrarily. The constitutional guaranty of protection for all private property extends equally to the enjoyment and the possession of lands. An arbitrary interference by the government, or by its authority, with the reasonable enjoyment of private lands is a taking of private [728] property without due process of law, which is inhibited by the constitutions. But it is not every use which comes within this constitutional protection. One has a vested right to only a reasonable use of one’s lands. It is not difficult to find the rule which determines the limitations upon the lawful ways or manner of using lands. It is the rule, which furnishes the solution of every problem in the law of police power, and which is comprehended in the legal maxim, sic utere tuo, ut alienum non lædas. One can lawfully make use of his property only in such a manner as that he will not injure another. Any use of one’s lands to the hurt or annoyance of another is a nuisance, and may be prohibited. At common law that is a nuisance, which causes personal discomfort or injury to health to an unusual degree. As it has been expressed in a preceding section,1 the right of personal security against acts, which will cause injury to health or great bodily discomfort, cannot be made absolute in organized society. It must yield to the reasonable demands of trade, commerce and other great interests of society. While the State cannot arbitrarily violate the right of personal security to health by the unlimited authorization of acts which do harm to health, or render one’s residence less comfortable, there is involved in this matter the consideration of what constitutes a reasonable use of one’s property. At common law this is strictly a judicial question of fact, the answer to which varies according to the circumstances of each case. One is expected to endure a reasonable amount of discomfort and annoyance for the public good, which is furthered by the permission of trades and manufactures, the prosecution of which necessarily involves a certain amount of annoyance or injury to the inhabitants of the neighborhood. In all such cases, it is a question of equity, on whom is it reasonable to impose the burden of the inevitable loss, resulting from this clashing [729] of interests; and independently of statute it is strictly a judicial question, and all the circumstances of the case must be taken into consideration.

I really have to repost this letter, how many criminals admit to intentionally causing someone harm.

Really you people who have not read this letter I received from the AUSA read it. The prosecutor’s job is to take the hard copy evidence (not hearsay) and use it to convict the criminals. Using hearsay is not evidence!!! There has never been an authority that has taken the time to review my evidence. He may be assuming my evidence is assumptive, because the SA refused to review my hard copy evidence. This guy needs to resign if he does not know that private property rights are Federally protected. Here are the Federal crimes that my evidence supports beyond a reasonable doubt. These Federal imposters are protecting some of the most hardened organization of crime I have heard of. They nearly killed me. This guy really thinks I should have evidence posted that will implicate the highest ranking law enforcement of the county. Yeah that would be real smart on my part.

10-3-2018 Kevin VanderSchel pg 2

This is a guy who has the duty to prosecute public corruption, he shows himself to be a participant. Regardless of any issues he intends to participate in the violation of my rights.

Proof that this violation of Federal law cannot be disputed, the evidence proves this did happen. There is no assumption of any kind. The neighbor admitted to it in a civil court trial. I asked this AUSA if he had the authority to violate a civil court order, he said he did. I do not believe that for a minute. If that were the case why would people bother with having a civil court trial? Liars and thieves are the only thing I recognize from these government officials. I want to see hard copy evidence that he has the right to violate a civil court order. I will not take hearsay to be a fact. I am not suppose to contact his office anymore, He can kiss my butt. He works for me and he will pay the price for lying and conspiring to violate my Federal rights. He won’t take me up on my challenge to fist fight. He must be a puss.

18 U.S.C. § 229 – U.S. Code – Unannotated Title 18. Crimes and Criminal Procedure § 229. Prohibited activities

Unlawful conduct. (a) –Except as provided in subsection (b), it shall be unlawful for any person knowingly–

(1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon;  or (2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1). 

Exempted agencies and persons. (b) 

In general. (1) –Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon.

Exempted persons. (2) –A person referred to in paragraph (1) is–

(A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon;  or 

(B) in an emergency situation, any otherwise nonculpable person if the person is attempting to destroy or seize the weapon. 

Jurisdiction. (c) –Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct–

(1) takes place in the United States; 

(2) takes place outside of the United States and is committed by a national of the United States; 

(3) is committed against a national of the United States while the national is outside the United States;  or 

(4) is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States. 

Chemical Weapons

This crime is punishable by any term of years in prison. If the crime results in death, the punishment is death or life imprisonment. Property owned or used by the person is subject to forfeiture. Any property derived from and proceeds obtained from the offense and property used to commit or facilitate the offense is also subject to forfeiture. The statute also imposes an additional fine of up to twice the gross profit or proceeds from the offense (18 U.S.C. 229, et seq.).

A chemical weapon is:

1. a toxic chemical and its precursors (chemical reactants that take part in producing a toxic chemical) unless intended for a purpose that is not prohibited and the type and quantity is consistent with that purpose,

2. a munition or device designed to cause death or harm through toxic chemicals that would be released by the device, or

3. equipment designed for use directly in connection with using such a munition or device.

A toxic chemical is a chemical that can cause death, temporary incapacitation, or permanent harm to people or animals.

The law specifies that it does not apply to self-defense devices such as pepper spray or chemical mace. It also does not prevent uses related to (1) industrial, agricultural, research, medical, or pharmaceutical activity; (2) protection against chemical weapons; (3) unrelated military purposes; and (4) law enforcement purposes such as riot control and imposing the death penalty.

About AUSA Kevin VanderSchel First Assistant Attorney for the Southern District of Iowa.

This guy takes the cake. Like if its not on this website it there must not be evidence, pretty assumptive of the AUSA for the Southern District of Iowa. Chemical warfare has nearly cost me my life and he thinks its a good idea to put all my evidence out here for the public to view, even the deranged people who used chemical warfare to eliminate me from my property. What is it that he is calling assumptive? All the evidence I have posted is hard copy original documents. If he cannot prove beyond a reasonable doubt that chemical weapons were used to eliminate me from my private property when even a civil court order or no law enforcement would stop him from applying chemicals to MY property, he should really find a new job. This case is cut and dry. Any reasonable person who would read the evidence I have posted has no doubt this was an intentional act. This evidence is based on facts, SA Reinwart wanted to used hearsay evidence, when the hard copy evidence is right in front of him. He wasted tax payer money to travel clear to the tip of Iowa to refuse to review hard copy evidence and ask for hearsay. When a person knows he is causing another person physical harm and doesn’t stop what he is doing to cause it, its pretty obvious why he is doing it. There is nothing that I have posted that does not have hard copy evidence to support. Reinwart did not follow procedure for investigation and you have not followed procedure for prosecuting criminals. VanderSchel you are assuming that reasonable people do not know it is illegal to do anything to another person property, not to mention unheard of act of chemical warfare as stated by the EPA field investigator. That is a F(&99+ fact. And I have to mention that you advised me that you would not be the person prosecuting this case anyway so why do you think you have any input about this case at all? You are assuming you have some kind of authority over a case that you are not the prosecutor of. That show a defect in your personality any reasonable person can determine that to be a fact also. An attorney of minimum experience could win this case. The evidence is solid as a rock. Not the hearsay, the hard copy evidence. Hearsay does not stand up in court, don’t you know that?

10-3-2018 pg 2 Kevin VanderSchel
10-3-2018 pg 2 Kevin VanderSchel

If this is not true I would be afraid of defamation charges being brought against me, naw that isn’t going to happen. Lets just ignore this crazy person.

 

My witnesses are dying, my hope is fading, my destiny is being made for me. I have no control of how this story ends. I do know that it will be ending soon.

 

Sheriff Weber recently told me there has been an investigation into my allegations since April. The only thing that I am aware of that has happened is the city clerk still participating the conspiracy to cover up the evidence of the City officials implicating themselves by taking down the City’s webpage that had the min of the meeting since 2005.
This situation is not difficult to understand.
Mark Conlee, brother of a Lee County Detective purchased the legally non conforming property from Mayor Dinwiddie. He began redeveloping the property by tearing down the existing single car garage, trucking in enough fill dirt to elevate the property in some areas 10′ high that before, he constructed a nonconforming 2 story oversized garage. He altered the roof surface from standard procedure by turning it so it diverted storm water runoff directly onto my property, he changed the grade of the fill dirt so all storm water ran onto my property. My property lost value of $10,000 just because the drainage was foreseeable going to cause my property uncontrollable flooding. In questioning this illegal structure I was advised Conlee intended to build a living quarters in the upper level. Standard procedure requires drain tile to be installed around the base of the slab, it was not. Standard procedure requires gutter and downspout to be installed and directed to the city drainage ditch, it was directed directly to divert storm water from the massive roof onto my property.
The following spring there was a suspicious fire that supposedly destroyed the existing trailer. Suspicious because the only firemen on the scene were Mayor Dinwiddie, building official/fire chief Mark Holland, Mark Conlee and the son of Mark Holland. The son Jake was a former resident of the Conlee property, we discussed the fire after the fact. He advised me that only 2 weeks prior there was a trailer fire at a nearby mobile home park that was caused by the same M.O. I understand my testimony is not acceptable but several weeks prior to the fire after his new garage was finished he came over to my yard and gave a friend who was with me a message from his brother in Fla. At that time I asked him, “now that you have that nice new garage what are you going to do with the trailer, he said he wanted it to burn. I was still understanding he was going to build a living quarters in the second level of the garage. The morning of the fire, there was no fire alarm that went off, being 1 block from my house I was woke by the siren. That morning I was awaken by the clanging of the fire hose being connected to the hydrant on my corner of the street. The only fireman who acted in an attempt to extinguish any fire was the son, Jake Holland. The other 3 on the scene did nothing but stand on the sidewalk the entire time and chat. Jake got the hose connected and was motioned to lay it down. There was no action to extinguish any fire. After some amount of time an hour or so Mark Conlee puts on the hazard uniform and enters the home. He exits about 5 minutes later empty-handed and gives the others still on the sidewalk a nod. They continue to stand on the sidewalk for another hour or so. Jake puts the equipment away and they go on about their day. I find it suspicious that Dinwiddie and Holland did not go to their regular job that morning. Conlee went to work and was called home. There was no smoke coming from the building, there was nothing telling that a fire had happen to the building after it was over.
Conlee almost immediately builds a new home. There is no question that the building permit is illegal. He changed the frontage of the home to now be the alley, that is illegal. The roof surface is also altered from standard procedure just as the garage and directed to divert storm water directly onto my property. I advised Conlee that we needed a ditch, reasonably to run directly down the common boundary since he was the one who had the new redevelopment that caused the problems to my property. He was unwilling to have it on his property, the man I was going to barter upholstery for excavating a ditch backed out fearing a liability if he happened to get on Conlee property since there had been no survey, only a verbal agreement on the common boundary.  Conlee illegally removed an existing berm that had been put in place by the original owners of both property for the sole purpose of protecting my home structure from storm water runoff from the Conlee property when the original home burnt prior to 1972 when they brought in the mobile home. Berm and swale were commonly used at that time for this purpose. The berm was on the Conlee side of the common boundary, the swale was on my side of the common boundary. The building officials refused to address my concerns, his duty is to oversee property redevelopment is in compliance with State building and drainage laws. When he refused to come to the location I contacted Lee County Ext, agent Robert Dodds, he did come to the location and took some photos. I had many questions I showed him the building permit which lacked the signature of the builder Mark Conlee but was signed and approved by the building official. Mr. Dodds noticed some other discrepancies on that building permit. He questioned why years before when he built a garage he had to pay a pretty significant amount for the fee charge of his building permit. Mark Conlee had paid no fee according to the permit. He explained that in regards to storm water drainage and property development you are not allowed to divert more storm water to the neighboring property than before the redevelopment. He sent a copy of the letter to Mayor Dinwiddie allow with drainage laws. Dinwiddie had no regard for this expert opinion. When all other times any opinion from Mr. Dodd has held high regard with the city of Montrose.
I hired attorney Steve Swan to sue the city of Montrose, retired Sheriff’s officer John Farmer referred him to me. John worked for the city of Montrose prior to moving up to the sheriff’s dept. He is well aware of the characters who hold positions in Montrose. I met with Swan and he advised me that John Farmer had briefed him on the case, John told him that I did not have many financial resources. I had been self-employed as an upholsterer since I purchased my property in 1995. I was never without work, but I basically charged what I needed to pay my bills, explains why I had a backlog of work for over a year at all times. Swan also advised me that he had spoken to Lee County Detective Bob Conlee, Bob had already lied to him when he told him his brother never trucked in any fill dirt but poured the new slabs just as the property existed. He advised me that my case was a tort case and we would sue both parties, Conlee and the city. He asked if I would be willing to barter upholstering his vehicle for his service. I willingly took him up on that offer, I was so moved by his kindness I had to pull over on the highway because I was crying with gratitude. The following day I received a copy of a letter of intent he sent to Conlee the following  afternoon. The letter demanded Conlee remedy the nuisance drainage problem in 10 day or he would file an injunction against him. Conlee began removing the existing evidence of the berm and its height. He built a little roof over the door on the side of his house as if he had not changed the frontage of his property.
I emailed Swan multiple times on the 10th day telling him to file the injunction. I never heard another word from him and he filed no injunction to stop work as he claimed he  would at our first meeting.
Soon after this a rash developed on my shins, I referred to it as a rash because that was what it appeared to be to me. I thought perhaps an allergic reaction to something. I had never had any problems prior to this with my skin, I had never even have poison ivy. The itch was intense, nothing similar to a bug bite. I had used a push lawnmower since I purchased my place, I did that for cardio, In fact I never wanted a riding lawn mower. The next time I went out to mow I noticed that the neighbor had applied something to my side of the 300’ common boundary. I had never been exposed to what I assumed was weed killer. I had not changed my routine for over ten years. I did some research about medical issues, skin conditions seemed reasonable that whatever this neighbor was applied to my side  of the common boundary to be the most reasonable cause of this suddenly developer skin condition. had now rapidly spread over other parts of my body. I told him and the new police chief the day I discovered it not to apply anything to my property and explained I thought it could be the cause of my skin eruptions. I requested an incident report from the police chief directly after I located Chief Shipman.
By this time my opinion of Mr. Conlee’s character was undesirable. He knew my property was flooding, my foundation had been damaged and he was unwilling to allow me to have a ditch dug down the common boundary. He continued using the chemicals without hesitation as routine yard maintenance. I kept requesting the incident report from Chief Shipman and he kept coming up with excuses as to why he did not have it for me, a witness says he was lying about the reason he did not have it. When I did receive it 16 months later the first on was not satisfactory in detail, I told him no that I wanted one with the details. A week later he gave me a half-hearted report. By this time my rash had become a severe skin condition. My entire body was raw. The pain was excruciating, it was unbearable to wear clothes.
I had requested a trespassing complaint be file on my behalf early on. Every request denied by the City and Lee County Attorney. The chemicals now had become a weapon with intent to cause me serious injury. The fact that I was denied equal protection of the law and access to the courts make this a conspiracy deprivation of rights under color of law.
It became clear to me the reason Conlee would not stop applying chemicals to my property when I realized he was unable to get the illegal redevelopment recorded on the county plat map.
Lee County attorney Mike Short suggested mitigation two years in a row, I was willing, however Mark Conlee was not. He knew his illegal redevelopment would be order to be removed. Taken back to the original state. His excuse the first year was because he had paid an attorney to represent him in a civil case he filed against me. He violated that court order as if it never happened. There is nobody willing to grab this man and put him to the ground like they do on COPS. That is exactly what it would take for him to ever abide by any authority.  In that case the judge dismissed his case citing my right to enjoy my property. I put up a privacy curtain and Mr. Conlee believing my backyard was his backyard because he changed the frontage of his home to face the alley was offended by the curtain. I knew I was well within my rights. I always know the law before I ever act. I felt a sense of relief by the judge’s ruling, my right to enjoy my property in my mind meant no more chemicals on my property either. I was wrong about what the ruling meant to Mark Conlee and Police Chief Brent Shipman, they approached me in my yard one day and Conlee advised me he was going to my the railroad ties I had legally placed down the common boundary to divert the storm water to the city drainage ditch. I advised him if he had a problem with the boundary line he would need to file another civil complaint. I question what Brent Shipman was doing by being with Conlee. He advised me that he was acting as a witness that Conlee was telling me ahead of time that he was going to alter my property. At that point I advised them both that I intended to invoke my second amendment right. I advised Chief Shipman never to knock on my door again. I headed to the house to get my weapon, you never saw two adults run up a hill so fast.
Imagine now, that here I am, my body completely raw, trying to meet deadlines for my upholstery clients and having to defend my property every evening beginning at 3:30 pm  every night.
I retrieved my weapon, a single shot long arm pellet gun and stood guard on my property till way past dark. I had to have some rest, I had other responsibilities so I went in the house and laid down to sleep a bit.  When I woke up the next morning I went out to check the boundary line. Sure enough Conlee had moved the railroad ties I placed to protect my property. I had them held in place with stabs. I had new lawn edging put in place and the railroad ties were pushed every which way. The stab’s were broken off, the edging pull out of the ground and just laying there. My skin condition was full body, I was terrified to go near that boundary in the first place, I have never felt so violated in my life. This was done in contempt of a court order. I called the only authority of the law available Chief Shipman and told him I wanted to file a trespassing complaint against Conlee. He asked me if I saw him do it.  I told him he was the witness that Conlee was going to do it. It was complete violation of my rights. It was a conspiracy.
I again contacted Lee County attorney Mike Short, he advised me that he doesn’t let neighbors file complaints against each other because it never stops. Yet I was charged by the State and City several times on fabricated laws and ordinances, I never even got into the courtroom. Conlee did not even show up, I was told by Montrose Deputy Judd that Conlee was on vacation in Fla. What kind of people are these. What kind of people conspire with intent to cause serious injury to anyone? How is it that I was cited on two different occasions by the State of Iowa for violating fabricated lies. The same excuse was given by the Mayor of Montrose, how is it then that I got cited many times for violating fabricated ordinances and the same issue that was decided by a judge had already been determined in another case.
Well the reality set in after 5 years of being abused by my local government officials, committing criminal acts against me. I had by this time lost me eyesight, unable to read, unable to recognize people, I was terrified. Using chemical weapons with intent to cause serious injury is defined as terrorist acts. These government officials conspired to commit terrorist acts against me.
Mark Conlee had to have my property to ever get his illegal redevelopment recorded on the county plat map and he decided the action to take was to eliminate me. I had two options one was to shoot him dead or flee and seek justice according to the law. I mistakenly chose the latter option.
One other thing I want to mention in regard to Mayor Dinwiddie and his property. Several years ago a woman spoke to the city council about opening a tattoo shop in a building that was available, the council discussed this and they did not think a tattoo shop would represent the city as they wanted it to be represented. It was only a short time later that a different woman spoke to the council about opening a tattoo shop in a building she intended to purchase from Mayor Dinwiddie, the city council was all for this new business in town. What is the difference? Mayor Dinwiddie would receive a personal financial gain just as he did when Conlee purchased the legally nonconforming lot from him.
Attorney Steve Swan conspired with Conlee in violation of his oath to represent his clients best interest
Lee County Attorney Mike Short conspired with Mark Conlee by denying me equal protection of the law, access to the court, and terrorist acts. Conspiracy against rights under color of law.
Lee County Detective conspired with Mark Conlee in misrepresenting his authority to be that of a building official, he was acting without jurisdiction, he defamed my character and knowingly made false statements associating me with illegal drug activity. Conspiracy against rights under color of law.
The most recent act of conspiracy was when  Sheriff Stacy Weber advised the city clerk that there was an investigation that initiated City clerk Celeste Cirinna took down the City of Montrose website that contained the minutes of the council meeting and evidence of these officials implicating themselves to suppress the evidence. I have copies of all the meeting minutes.
City clerk Celeste Cirinna committed multiple counts of fraud, conspiracy against rights.
What is not in violation of Federal law in this case is my question?
Melody Boatner
https://poisonedbymyneighborfromhell.com

Typical hard evidence the County Attorney used to file criminal charges against me.

Where is this law written, this is the second complaint filed against me. Exactly the same complaint except this one is trumped-up by adding “continually” and “She won’t stop”. Specifically a trait named by Dr. Hare. In his list of personality traits it says the psychopath will turn a situation around so that he is the victim. Conlee would not stop applying chemicals to my property. The fact that there is no law against giving someone the finger supports the Police Chief and the County Attorney are conspiring with Conlee to acquire my property.

6-26-2007 State vs Boatner, second Complaint on Conlees behalf .jpg

Cato Handbook of Policy Makers

I can tell you one thing this handbook is useless unless these policies are guaranteed to be enforced. Where is a Cato representative to represent what they declare they represent?

Cato handbook of policymakers

Iowa Code: You must have an ethical County Attorney and Sheriff to prosecute for violations of these codes.

In this case the County Attorney could not be more involved with enabling violations of these codes. He recently retired. I pray that the new County Attorney stands beh

Iowa Code

703.4 Responsibility of employers. An employer or an employer’s agent, officer, director, or employee who supervises or directs the work of other employees, is guilty of the same public offense committed by an employee acting under the employer’s control, supervision, or direction in any of the following cases:1.  The person has directed the employee to commit a public offense.2.  The person knowingly permits an employee to commit a public offense, under circumstances in which the employer expects to benefit from the illegal activity of the employee.3.  The person assigns the employee some duty or duties which the person knows cannot be accomplished, or are not likely to be accomplished, unless the employee commits a public offense, provided that the offense committed by the employee is one which the employer can reasonably anticipate will follow from this assignment.[C79, 81, §703.4]

703.1 Aiding and abetting. All persons concerned in the commission of a public offense, whether they directly commit the act constituting the offense or aid and abet its commission, shall be charged, tried and punished as principals. The guilt of a person who aids and abets the commission of a crime must be determined upon the facts which show the part the person had in it, and does not depend upon the degree of another person’s guilt.[C51, §2928; R60, §4668; C73, §4314; C97, §5299; C24, 27, 31, 35, 39, §12895; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §688.1; C79, 81, §703.1]

703.2 Joint criminal conduct. When two or more persons, acting in concert, knowingly participate in a public offense, each is responsible for the acts of the other done in furtherance of the commission of the offense or escape there from, and each person’s guilt will be the same as that of the person so acting, unless the act was one which the person could not reasonably expect to be done in the furtherance of the commission of the offense.[C79, 81, §703.2]Referred to in 717A.3A

703.3 Accessory after the fact. Any person having knowledge that a public offense has been committed and that a certain person committed it, and who does not stand in the relation of husband or wife to the person who committed the offense, who harbors, aids or conceals the person who committed the offense, with the intent to prevent the apprehension of the person who committed the offense, commits an aggravated misdemeanor if the public offense committed was a felony, or commits a simple misdemeanor if the public offense was a misdemeanor.[C51, §2929; R60, §4669; C73, §4315; C97, §5300; C24, 27, 31, 35, 39, §12896; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §688.2; C79, 81, §703.3; 1981 Acts, ch 204, §1]Referred to in 717A.3A

703.4 Responsibility of employers. An employer or an employer’s agent, officer, director, or employee who supervises or directs the work of other employees, is guilty of the same public offense committed by an employee acting under the employer’s control, supervision, or direction in any of the following cases:1.  The person has directed the employee to commit a public offense.2.  The person knowingly permits an employee to commit a public offense, under circumstances in which the employer expects to benefit from the illegal activity of the employee.3.  The person assigns the employee some duty or duties which the person knows cannot 703.5Liability of corporations, partnerships and voluntary associations.1.  A public or private corporation, partnership, or other voluntary association shall have the same level of culpability as an individual committing the crime when any of the following is true:a.  The conduct constituting the offense consists of an omission to discharge a specific duty or an affirmative performance imposed on the accused by law.b.  The conduct or act constituting the offense is committed by an agent, officer, director, or employee of the accused while acting within the scope of the authority of the agent, officer, director or employee and in behalf of the accused and when said act or conduct is authorized, requested, or tolerated by the board of directors or by a high managerial agent.2.  “High managerial agent” means an officer of the corporation, partner, or other agent in a position of comparable authority with respect to the formulation of policy or the supervision in a managerial capacity of subordinate employees.[C79, 81, §703.5]2013 Acts, ch 30, §261be accomplished, or are not likely to be accomplished, unless the employee commits a public offense, provided that the offense committed by the employee is one which the employer can reasonably anticipate will follow from this assignment.[C79, 81, §703.4]

704.4 Defense of property. A person is justified in the use of reasonable force to prevent or terminate criminal interference with the person’s possession or other right in property. Nothing in this section authorizes the use of any spring gun or trap which is left unattended and unsupervised and which is placed for the purpose of preventing or terminating criminal interference with the possession of or other right in property.[C51, §2774; R60, §4443; C73, §4113; C97, §5103; C24, 27, 31, 35, 39, §12922; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §691.2(2); C79, 81, §704.4]

706.1 Conspiracy.1.  A person commits conspiracy with another if, with the intent to promote or facilitate the commission of a crime which is an aggravated misdemeanor or felony, the person does either of the following: a.  Agrees with another that they or one or more of them will engage in conduct constituting the crime or an attempt or solicitation to commit the crime’s.  Agrees to aid another in the planning or commission of the crime or of an attempt or solicitation to commit the crime.2.  It is not necessary for the conspirator to know the identity of each and every conspirator.3.  A person shall not be convicted of conspiracy unless it is alleged and proven that at least one conspirator committed an overt act evidencing a design to accomplish the purpose of the conspiracy by criminal means.4.  A person shall not be convicted of conspiracy if the only other person or persons involved in the conspiracy were acting at the behest of or as agents of a law enforcement agency in an investigation of the criminal activity alleged at the time of the formation of the conspiracy.[C51, §2758, 2996; R60, §4408, 4790; C73, §4087, 4425; C97, §5059, 5490; C24, 27, 31, 35, 39, §13162, 13902; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §719.1, 782.6; C79, 81, §706.1]1987 Acts, ch 129, §1

706.2 Locus of conspiracy. A person commits a conspiracy in any county where the person is physically present when the person makes such agreement or combination, and in any county where the person with whom the person makes such agreement or combination is physically present at such time, whether or not any of the other conspirators are also present in that county or in this state, and in any county in which any criminal act is done by any person pursuant to the conspiracy, whether or not the person is or has ever been present in such county; provided, that a person may not be prosecuted more than once for a conspiracy based on the same agreement or combination.[C79, 81, §706.2]

706A.2 Violations.1.Specified unlawful activity influenced enterprises. a.  It is unlawful for any person who has knowingly received any proceeds of specified unlawful activity to use or invest, directly or indirectly, any part of such proceeds in the acquisition of any interest in any enterprise or any real property, or in the establishment or operation of any enterprise .b.  It is unlawful for any person to knowingly acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property through specified unlawful activity .c.  It is unlawful for any person to knowingly conduct the affairs of any enterprise through specified unlawful activity or to knowingly participate, directly or indirectly, in any enterprise that the person knows is being conducted through specified unlawful activity .d.  It is unlawful for any person to conspire or attempt to violate or to solicit or facilitate the violations of the provisions of paragraph “a”, “b”, or “c”.2.Facilitation of a criminal network. It is unlawful for a person acting with knowledge of the financial goals and criminal objectives of a criminal network to knowingly facilitate criminal objectives of the network by doing any of the following: a.  Engaging in violence or intimidation or inciting or inducing another to engage in violence or intimidation .b.  Inducing or attempting to induce a person believed to have been called or who may be called as a witness to unlawfully withhold any testimony, testify falsely, or absent themselves from any official proceeding to which the potential witness has been legally summoned. c.  Attempting by means of bribery, misrepresentation, intimidation, or force to obstruct, delay, or prevent the communication of information or testimony relating to a violation of any criminal statute to a peace officer, magistrate, prosecutor, grand jury, or petit jury. d.  Injuring or damaging another person’s body or property because that person or any other person gave information or testimony to a peace officer, magistrate, prosecutor, or grand jury. e.  Attempting to suppress by an act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution, or conviction of any person. f.  Making any property available to a member of the criminal network. g.  Making any service other than legal services available to a member of the criminal network. h.  Inducing or committing any act or omission by a public servant in violation of the public servant’s official duty. i.  Obtaining any benefit for a member of a criminal network by means of false or fraudulent pretenses, representation, promises, or material omissions. j.  Making a false sworn statement regarding a material issue, believing it to be false, or making any statement, believing it to be false, regarding a material issue to a public servant in connection with an application for any benefit, privilege, or license, or in connection with any official investigation or proceeding.

706A.2 Violations.1.Specified unlawful activity influenced enterprises. a.  It is unlawful for any person who has knowingly received any proceeds of specified unlawful activity to use or invest, directly or indirectly, any part of such proceeds in the acquisition of any interest in any enterprise or any real property, or in the establishment or operation of any enterprise. b.  It is unlawful for any person to knowingly acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property through specified unlawful activity. c.  It is unlawful for any person to knowingly conduct the affairs of any enterprise through specified unlawful activity or to knowingly participate, directly or indirectly, in any enterprise that the person knows is being conducted through specified unlawful activity. d.  It is unlawful for any person to conspire or attempt to violate or to solicit or facilitate the violations of the provisions of paragraph “a”, “b”, or “c”.2.Facilitation of a criminal network. It is unlawful for a person acting with knowledge of the financial goals and criminal objectives of a criminal network to knowingly facilitate criminal objectives of the network by doing any of the following: a.  Engaging in violence or intimidation or inciting or inducing another to engage in violence or intimidation. b.  Inducing or attempting to induce a person believed to have been called or who may be called as a witness to unlawfully withhold any testimony, testify falsely, or absent themselves from any official proceeding to which the potential witness has been legally summoned. c.  Attempting by means of bribery, misrepresentation, intimidation, or force to obstruct, delay, or prevent the communication of information or testimony relating to a violation of any criminal statute to a peace officer, magistrate, prosecutor, grand jury, or petit jury. d.  Injuring or damaging another person’s body or property because that person or any other person gave information or testimony to a peace officer, magistrate, prosecutor, or grand jury. e.  Attempting to suppress by an act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution, or conviction of any person. f.  Making any property available to a member of the criminal network. g.  Making any service other than legal services available to a member of the criminal network. h.  Inducing or committing any act or omission by a public servant in violation of the public servant’s official duty. i.  Obtaining any benefit for a member of a criminal network by means of false or fraudulent pretenses, representation, promises, or material omissions. j.  Making a false sworn statement regarding a material issue, believing it to be false, or making any statement, believing it to be false, regarding a material issue to a public servant in connection with an application for any benefit, privilege, or license, or in connection with any official investigation or proceeding.3.Money laundering. It is unlawful for a person to commit money laundering in violation of chapter 706B.4.Acts of specified unlawful activity. It is unlawful for a person to commit specified unlawful activity as defined in section 706A.1.5.Negligent empowerment of specified unlawful activity. a.  It is unlawful for a person to negligently allow property owned or controlled by the person or services provided by the person, other than legal services, to be used to facilitate specified unlawful activity, whether by entrustment, loan, rent, lease, bailment, or otherwise. b.  Damages for negligent empowerment of specified unlawful activity shall include all reasonably foreseeable damages proximately caused by the specified unlawful activity, including, in a case brought or intervened in by the state, the costs of investigation and criminal and civil litigation of the specified unlawful activity incurred by the government for the prosecution and defense of any person involved in the specified unlawful activity, and the imprisonment, probation, parole, or other expense reasonably necessary to detain, punish, and rehabilitate any person found guilty of the specified unlawful activity, except for the following: (1)  If the person empowering the specified unlawful activity acted only negligently and was without knowledge of the nature of the activity and could not reasonably have known of the unlawful nature of the activity or that it was likely to occur, damages shall be limited to the greater of the following: (a)  The cost of the investigation and litigation of the person’s own conduct plus the value of the property or service involved as of the time of its use to facilitate the specified unlawful activity. (b)  All reasonably foreseeable damages to any person, except any person responsible for the specified unlawful activity, and to the general economy and welfare of the state proximately caused by the person’s own conduct. (2)  If the property facilitating the specified unlawful activity was taken from the possession or control of the person without that person’s knowledge and against that person’s will in violation of the criminal law, damages shall be limited to reasonably foreseeable damages to any person, except persons responsible for the taking or the specified unlawful activity, and to the general economy and welfare of the state proximately caused by the person’s negligence, if any, in failing to prevent its taking. (3)  If the person was aware of the possibility that the property or service would be used to facilitate some form of specified unlawful activity and acted to prevent the unlawful use, damages shall be limited to reasonably foreseeable damages to any person, except any person responsible for the specified unlawful activity, and to the general economy and welfare of the state proximately caused by the person’s failure, if any, to act reasonably to prevent the unlawful use. (4)  The plaintiff shall carry the burden of proof by a preponderance of the evidence that the specified unlawful activity occurred and was facilitated by the property or services. The defendant shall have the burden of proof by a preponderance of the evidence as to circumstances constituting lack of negligence and on the limitations on damages in this subsection.1996 Acts, ch 1133, §27; 1998 Acts, ch 1074, §33Referred to in 706A.3, 706A.4

708.4 Willful injury. Any person who does an act which is not justified and which is intended to cause serious injury to another commits willful injury, which is punishable as follows:1.  A class “C” felony, if the person causes serious injury to another.2.  A class “D” felony, if the person causes bodily injury to another.[C51, §2577, 2594; R60, §4200, 4217; C73, §3857, 3875; C97, §4752, 4771, 4797; S13, §4771; C24, 27, 31, 35, 39, §12928, 12934, 12962; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §693.1, 694.6, 697.2; C79, 81, §708.4]99 Acts, ch 65, §5, 2013 Acts, ch 90, §184 Referred to in 80A.4, 702.11

Nonconforming Uses, aka; Grandfathered Use in Zoning

nonconforming use is generally defined as a land use or structure that was legal when established but does not conform to the standards of the current zoning ordinance. The term“nonconforming use” actually covers several situations, including nonconforming uses, lots and structures.

Pre-existing land uses that do not conform to current zoning are not favored. The ultimate goal of zoning is to achieve uniformity of property uses within each zoning district. At the same time, landowners have made investments in their businesses and buildings, and it would be unfair — not to mention illegal in some states — to require immediate termination or removal. Rather than require the immediate elimination of these preexisting uses, the zoning ordinance will outline a set of conditions for the continued existence of nonconforming uses.

Although state courts apply different interpretations to local zoning codes regarding nonconforming uses, the expansion, enlargement or intensification of a nonconforming use in almost all cases can be regulated or prohibited.

Resumption of a nonconforming use or structure after it has been destroyed may be prohibited in some states. In other states the right to re-establish the nonconforming use exists. Zoning ordinances traditionally have set a specific threshold– for example, a percentage of assessed value — for defining what constitutes destruction, and courts generally defer to the stated threshold. Again, the principle is to allow landowners to continue to reap the benefits of investments made in their properties. If those investments have been destroyed, however, the community may or may not have an obligation to allow a landowner to reinvest in a use prohibited by current zoning.

To prevent nonconforming uses from becoming blighted properties, zoning codes generally do allow for routine maintenance and repair, so long as such activities do not constitute expansion or enlargement.

Once a nonconforming use has been abandoned, its resumption can be prohibited. Most ordinances state a time period, usually six months to a year, that creates a presumption of abandonment if the property is not used for that period. Some states do not allow just a passage of time to establish abandonment. The issue of what constitutes abandonment is one that is generally the subject of much state court case-law, with some courts requiring that an “intent to abandon” be shown before the nonconforming use is considered to be terminated. The intent to abandon may be something like a list of criteria, in the zoning ordinance, from which “abandoned” is established from a preponderance of facts about the particular situation.

Gary D. Taylor,

Iowa State University

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Original layout of Dinwiddie and Conlee properties. Conlee structures are one small double wide trailer home. One two story single car garage. The driveway of both properties exit onto 5th street.

 

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After illegal property redevelopment. How many changes can you find on the 6 half lots that run parallel with the city alley?