Letter to US Senator Charles Grassley and Congressman Dave Loebsack staff

My responses claim the statute of limitations has expired. I am requesting you go back through our previous correspondences and review what you have advised me of this entire time. You advised me to be patient that the FBI would contact me. I waited patiently as you advised for 5 years.  I contacted you again and you graciously submitted another request for an inquiry, advising me throughout the next 5 years to be patient, you said “it takes time”. The FBI never contacted me now for ten years. The FBI was negligent. The FBI had the responsibility to contact me.   When finally I contacted the local FBI myself, he him hawed around taking 14 months to come to my home specifically to review the hard copy evidence. Upon arrival he advised me that he was not going to review any documented evidence. He instead determined no federal law has been violated based on hearsay from the sheriff to a third party. I have evidence to prove the sheriff knowingly made false statements about what took place. I have evidence that proves the sheriff has a conflict of interest with the opposing party. That is why I asked for an independent investigation. I am not responsible for the statute of limitations expiring, in fact the statute has not expired considering the government’s negligence and fraudulent actions against me in the taking of my property without just compensation. I see no where the violation of the Federal bill of rights has an expiration date, in fact the 5th amendment states that private property is never to be taken without just compensation. Senator Grassley needs to demand an investigation into the negligence of the FBI in this case, I have never slacked off what I know to be the Federal government’s duty to prosecute corrupt public officials. Has a bribe been paid, no doubt. SA Thomas Reinwart refused to look into the financial record, interview witnesses or provide any type of competent investigation. Hearsay is not evidence, point blank. They say the lowest scoring agents of a graduating class are place in the areas of the lowest criminal events. I can only speculate that SA Reinwart was of the lowest scoring graduates. He knew when he arrived at my home the decision he was going to make based on hearsay as the sheriff had already given his false information to the third party.

Two hours after SA Reinwart left my home I received a letter in the mail from Wash DC headquarters that Reinwart had determined no violation of Federal law had occurred. It is not possible for him to come to my home, submit a report to Washington and had the determination sent back to my from Washington DC two hours after he left my home. This is a blatant violation of the public’s trust and only encourages local government that they can get away with crimes against humanity or any other violation guarantees of individual rights. It is not acceptable.

Senator Grassley would not approve of this type of behaviour from a Federal agent. My Constitutional Rights are just a relevant as those who violated those rights by the forceful taking of my private property using chemicals as a weapon. Please step up and demand the law to actively competently investigate the evidence and defend my individual rights as if they were your own.  This is not an option, Constitutional rights are mandatory to be upheld. The criminal offenses committed against me ar serious. From the issuing of the fraudulent building permits to the use of glyphosate that resulted in life long health effects I will suffer. Senator Grassley and Congressman Dave Loebsack please represent you constituents.

Are private property right Federally protected rights?

I have asked this question before and have gotten few responses. I can only take the silence of opinions as a “yes” private property rights are Federally protected. I have been advised to get a private attorney. I want to ask why would I need a private attorney when a violation of Federal law is to be investigated and prosecuted by the Federal authorities.

One other question I previously asked was, “does an AUSA have the authority to violate a civil court order with no type of court proceeding”? Again I have to assume that the silence of opinions would concur “no”. An AUSA does not have the right to use attorney discretion to violate a civil court order.

So I understand that the Federal authorities have knowingly made false statements to me. An investigation cannot be concluded using hearsay evidence, and private property cannot be taken without just compensation, as that is a violation of Federal law.

SA Calvin Shivers signed the letter stating that a prior investigation had determined no violation of Federal law has occurred, Shivers has not contacted me, he has avoided me. Why wouldn’t a Federal officer want the facts about any case before he would sign a letter based on hearsay. Have some dignity to you position officers. You are employeed to represent the citizens, not the blue wall of silence. Seems like a bunch of cowards if confronted individually. I have some facts that need to be reviewed and until I am confident the facts have been reviewed I will continue to defend my right to be protected from harm. There are many violations of Federal law that have occurred at the hands of my local government officials. The fact that hearsay was taken as evidence and that hearsay was given no less than from a law enforcement imposter is more reason to question the honesty of this law enforcement officer, I have already submitted clear evidence that this cop has a conflict of interest with the party that used chemical weapons to force me from my property.  They have taken everything I owned. My home, business, property and health. They have taken any quality of life I had planned for my golden years. There is no doubt that Federal laws have been violated. I do not expect anyone to offer an opinion as to why the Feds would not be the proper agency to prosecute, ssshhh don’t expose public corruption, it only a pr tactic on their website. This government would not exist and thrive without a supporting group of thieves protecting self serving colleagues. https://poisonedbymyneighborfromhell.com

Ignorance of the Law is no excuse. Intentional serious injury at the hands of my government officials. What is your intent?

Well I can testify that the chronic skin condition resulting from intentional exposure to glyphosate for an extended period of time is once again seriously severe. I have never been prescribed a higher dose of methotrexate and had the condition to become increasingly severe. I am at the point now that it is unbearable to wear shoes. This pain and severe itching is 24/7. To know that an FBI agent claims to have done and investigation and has found no violation of Federal law based of hearsay stated by the County sheriff to a third party is about to piss me off more than I have ever been pissed on. SA Thomas Reinwart has proven to be incompetent and not qualified to investigate my case. He does not have the knowledge that every reasonable American takes for granted. He does not know that private property rights are Federally protected. His ignorance has proven he had no business being involved in my case that encompassed in violations of Federal laws. His ignorance and incompetence is going to have significant effects to the outcome of this case. Who to whom it may concern that has a connection be it by a third party or via any damn way, needs to extend this message to a high authority. FBI Agent Calvin Shivers signed the most recent letter stating that they have determined no violation of Federal law has occurred, he has completely avoided any contact with me. Tell him he is participating in a crime that is causing serious physical injury to an American citizen. He is knowingly refusing to protect me from harm based on fabricated information. He being the most recent signator of a letter that further violates my individual rights. Has made the choice to protect the blue wall of silence. Do not send any law enforcement to my home, inquiring as to whether I have threatened anyone. Send them to those who have repeatedly attempted to murder me using chemical weapons. It’s in everyone’s best interest. Get these maniacs that have proven to be a danger to society off the streets before they do kill an innocent human being!

Dead End

This Agent does not recognize that using chemicals as a weapon unlawfully applied to my property is in violation of my Federally protected private property rights.

From: songboat [mailto:songboat@gmail.com]
Sent: Tuesday, February 07, 2017 1:14 PM
To: Reinwart, Thomas J. (OM) (FBI) <Thomas.Reinwart@ic.fbi.gov>
Subject: Letter from J.C.Hacker

Thomas

I am attaching my most recent correspondence with I had with you. I received the letter from FBI JC Hacker yesterday. I searched for this individual and there is no person named JC Hacker listed as an FBI assistant director or anywhere else for that matter. Please explain, as there seems to be a conflict between the two letters.

Regarding the evidence I have sent you clearly shows that the continuing unlawful application of toxic chemicals to my property violates my Federal right to enjoy my property. The fact that the unlawful application of toxic chemicals to my property constitutes a criminal offense of trespassing. Denying my right to file a criminal complaint against this trespasser by the City of Montrose police dept, and the Lee County Attorney clearly violates my Federal right to equal protection of the law. The evidence I have sent you supports two or more people working together to violate my Federal rights to privacy and equal protection supports a conspiracy.

My request for a behavioral analysis is reasonable, who in sound mind continues a criminal act (trespassing in this case) knowing the person that owns the property the chemicals are being applied to believes the chemicals are causing severe health problems? Whose duty is it to protect those rights? Local law enforcement has the duty to protect the rights of the citizens from criminal acts perpetrated against them. In this case intentional acts perpetrated against me.

Who has the duty to assure compliance to State of Iowa building and drainage code? The appointed building administrator. In this case multiple counts of fraud have been committed not only the fraudulent building permits but also the document fraud and fabricated city ordinance perpetrated by the city clerk. Fraud also falling into the criminal offense category. The FBI holds public corruption as of highest priority, including conflict of interest. In this case a conflict of interest is relevant between every actor participating in the personal attack against me and my property.

Apparently you do not agree with my allegations, please explain what it is that I am not understanding as a violation of Federal law.

Regards,

Melody Boatner

 

Reply to me

Reinwart, Thomas J. (OM) (FBI) Thomas.Reinwart@ic.fbi.gov

There is not a conflict.  Thus far, there does not appear to be any Federal criminal law violations which have occurred.  Although there may be some local or state criminal and or civil law(s) which may have violated, we do not investigate those activities.  As previously stated in my email with you,

“You have previously written on numerous occasions explaining you have an abundance of evidence to support your claims of the criminal violations you have researched.  Please bring that information to explain and substantiate your allegations.”

Again, we will not provide any type of profiler or behavioral analysis for you.  This is not going to continue to be debated via email.  I am giving you the opportunity to provide any material you feel has not been provided/explained by you to us in the past to substantiate your allegations.

This is a personal request for Calvin Shivers, FBI Deputy Assistant Director, criminal investigations division

To anyone who has contact or the ability to get FBI Deputy Assistant Director Calvin Shivers a message from me to him.

Officer Calvin Shivers,

I received a letter signed by you yesterday in the mail. It was a response from an inquiry on my behalf from Congressman Dave Loebsack. This content of the letter you sent dated 3-2-2019 is irrelevant. I stressed to the Congressman that I was requesting an independent investigation, or from an unbiased Federal authority. The information you are referring to is based on hearsay evidence. That hearsay evidence was tainted from the facts regarding my complaint by Lee County Sheriff Weber. I have hard copy evidence that supports this is a fact.

Any information given to you has no evidence that supports it to be factual, if it does I have indisputable evidence to prove what you have been given is fabricated.

I have utilized several resources to attempt to reach you. I am confident that at least one of those attempts have been successful in reaching you. I am publically requesting that you contact me personally. The evidence I have supports in the least obvious incompetent investigation into my complaint. Unless hearsay is now an acceptable source of evidence, it is not submissible in a court of law. Every reasonable citizen has that knowledge. The agent investigating my case clearly does not have that knowledge. The agent investigating my case did not have the knowledge that private property rights are Federally protected rights. The agent investigating my case wasted taxpayer money for travel expenses to come to my home specifically to review the hard copy evidence I have in my possession. Upon arrival 14 months after I first contacted him, he advised me that he had no intention of reviewing the hard copy evidence that I had laid out in a manner that it could easily be reviewed. The only logical reason he would refuse to review valid evidence in my opinion is that he knew my evidence supported my allegations. By refusing to review that evidence he could stand proud behind the blue wall of silence and protect those who actions have intentionally caused me serious physical and financial damages. They have committed serious criminal offenses against me. In violation of a civil court order these corrupt officials are not going to resist being held accountable for their crimes. SA Thomas Reinwart had clearly made up his mind to support the corrupt local officials before he ever entered my home.

There is no way that I am going to drop my complaint at least until I know for a fact that a competent investigator has reviewed the hard copy documented evidence that is indisputable. I expect my rights to be recognized as every other citizen takes their rights for granted. I certainly do not expect this degree of local corruption to be hidden and supported by any Federal authority.

The FBI makes it quite difficult for any one on one conversations with a competent official. I have repeatedly tried to file a formal complaint against this particular agent and have yet to discover what the process for filing a complaint is.

Officer Shivers, I am requesting that you telephone me, email me and would prefer a meeting between the two of us. As I tried to explain to the SA this case is to complex to verbally tell the facts to anyone. That’s the option he allowed me to have. He asked that I verbally tell him what Federal violations of the law occurred in a physical attack committed against me for over 5 years. He gave me 2 1/2 hours to tell him a story that took me six years to put in chronological order filling for large 3 ring binders. The entire time I was attempting to explain what had occurred he was steady checking his watch, apparently he was to tight on a time schedule to hear anything I was trying to explain to him. When he left I believe he had three notes written on his notepad.

Now I will travel to your location if need be. I have more information to submit to you however doing so in a public setting could put my life in danger, and I don’t think anyone wants anything bad to happen to me, do you?  I have given you my email and phone number though the linkedin message. I do not care when you contact me, day or night. It takes a special kind of officer to cross the blue line of silence, but somebody with honor and integrity will do it and be honored for upholding his or her oath.

Request to the general public to pass this message on to Deputy Assistant Director Calvin Shivers asking him to contact me asap. URGENT!

In response to AUSA VanderSchel’s opinion that my evidence is assumptive.

AUSA VanderSchel,

In regards to you email stating that my evidence is assumptive. What in this linked file do you find assumptive? You must be assuming the information given to you by SA Reinwart is evidence. He refused to review the hard copy evidence, The purpose for him to come to my home on tax payers money was to review the hard copy evidence I have in my posession. There is no other person who has this hard copy evidence.

 When he arrived he advised that he did not intend to review any evidence, he asked that I just tell him the story and he would take notes. After 2 1/2 hours of him, steady checking his watch and me, trying to verbally explain a story that has nothing similar with compliance to any State or Federal laws regarding private property rights. I believe he had a total of three notes written on his notepad.  The point is that you have been given assumptive information in spite of the indisputable evidence I had prepared for SA Reinwart to review. Have you ever prosecuted a case of public corruption?

 I recently read that the FBI places high scoring academy graduates in areas that have the highest rates of crime, the lowest scoring graduates in the lowest crime areas around the Nation. I am curious if that is the process the DOJ uses in placing AUSA’s? Reinwart repeatedly stated that no Federal law has been violated. I advised him that private property rights are Federally protected rights. He had no change of expression. Perhaps he really does not know that private property rights are Federally protected rights. I can tell you that had he have reviewed the evidence, he or you would have determined that the following violations of Federal law have also occurred and hard copy evidence supports these allegations. The citizens know all too well about the blue wall of silence. In this case the perpetrators are not your “run of the mill” self serving government officials. These perps could have cared less whether it would cost me my life to achieved their goal of acquiring my private property. There is a “special kind of corruption” in the character of these government officials.

You stated that you have the authority to violate a civil court order, with no type of process. You need to submit evidence supporting that is a fact to me, I do not believe you are telling the truth. I believe you are abusing your authority with intent to violate my Federally protected civil rights. If you have no documented evidence supporting your statement then I would have to presume you are conspiring with SA Reinwart to deprive me of my Constitutional Rights under color of law. I do not take anyone’s word to be evidence of any fact. Not Reinwarts, not yours and certainly not Sheriff Weber’s. I know for a fact that his hands are dirty in this case. He in fact has received stolen property that belongs to me. I have no way to prove that but I do have correspondence with him in which he does implicate himself in criminal violations of the law. You suggested that since I had no information on my web page from recent dates the statute of limitations has expired. AUSA VanderSchel, I know that this group of government officials has been willing to sacrifice my life for the purpose of Mark Conlee acquiring my property. Do you really think it would be in my best interest to post evidence of the Sheriff violating State and Federal laws in acts committed against me on a public web site?  Would you mind sharing with me what level of your graduating class you rated. It would be my opinion that you would have been one of the lower level graduating students. You are not considering what is in my, a citizens, best interest are you AUSA VanderSchel. I am requesting evidence from you that supports your claim that you have the legal authority to violate a civil court order.  I do not believe you can use attorney discretion to violate an order made by any judge as you assured me you intended to do.

In speaking with Reinwart about public corruption, he advised that a bribe is taken in a case of public corruption. I argue that the law does not specify that has to be a factor. I also question how can Reinwart assume a bribe has not been taken in this case since he has not reviewed any financial records. There most likely has been favors at least given and taken in this case. There is no question that Mayor Dinwiddie did receive a financial gain being the seller of the property to Conlee. So right there is without a doubt a conflict of interest. That is a fact. That fact supports a public corruption complaint.

Reinwart told me three different versions of how he submitted my complaint to you. Three different versions causes me question his credibility. I have advised you that the information he has given you is based on hearsay. You should be questioning his credibility at this point, don’t you think?

Here are more but not limited to violations of Federal law that has been committed by these corrupt public officials.

Public corruption and civil rights

Corruption

In general terms, corruption cases arise when a local, state, or federal public official receives things of value in exchange for performing, or failing to perform, official acts contemplated by the authority of their position. The public grants authority to officials and, in return, is entitled to receive honest services from all who serve in the government. The prosecutors and professional staff in PCCRS prosecute officials – such as politicians, law enforcement officers, government executives, and correctional officers — who violate the public trust for the sake of self-enrichment.

Civil Rights

PCCRS also prosecutes individuals, whether they be private citizens or public officials, who criminally violate the constitutional rights of individuals. The use of excessive force by law enforcement under the color of law is an example of how public officials can violate an individual’s civil rights. Private individuals who commit violent crimes motivated by bias – commonly known as hate crimes — also violate federal civil rights laws. Hate crime laws recognize and defend the rights of all individuals, regardless of their race, color, religion, national origin, gender, sexual orientation, gender identity, or disability.

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 non-culpable 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.

 

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.

respectfully,

Melody Boatner

https://drive.google.com/open?id=0B1Pxuwsos4l_U2J6YU1RSDdobVE

Statute of Limitations

For those of you that suggest the statute of limitations has expired in regards to my case.

Amendment 5
– Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

I see no reference to a statute of limitations in private property taken without just compensation. In fact it is NEVER to be taken without just compensation. Any untimeliness in my case is due to the negligence of the government officials who have been involved in my case. That is aside from the time in which I was blind and unable to defend myself. The entire amendment had been violated in my case. No justice, no accountability to date. I will not be the only victim in this case, I promise these rights do and will apply to me as they do to every other citizen. https://poisonedbymyneighborfromhell.com

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.

What statute was violated?

In my case eminent domain was not used to take my private property. The way this happened was my neighbor took control of my property from me. He unlawfully applied glyphosate to my property. The evidence suggests that this was his intent. I verbally told him no to do anything to my property the day that I saw the chemicals had been applied, he could have care less about what I told him. I requested an incident report that I had told him not to do anything to my property. By intent the Police chief waited 16 months before he gave me that first report. It was completely inadequate as to the facts of the incident. I gave that one back and told him to give me one that explains what when and why I requested one, he gave me a report that was substandard according to the accurate information. If did not make a difference if I ever got one because my attorney did not submit any evidence that would allow the judge to recognize the degree of inhuman treatment. So if control of my property was taken the only statue I can come up with is conspiracy against rights, deprivation of rights under color of law, and assault with intent causing serious injury. I believe the statute of limitations does not apply in cases of torture and serious injury to a person. It isn’t going to in this case. There is no precedence to make it simpler for a pro se case.

 

The Power of a Federal Prosecutor

Looking for expert answers to this question. If a State district judge makes a ruling in a civil case. Does a Federal Attorney have the right to violate or ignore that district courts ruling without having to appeal or have some type of court hearing to overturn the previous ruling of the District court?

It does not seem reasonable to me that if a District court order has no relevance from the day the case is decided, what is the purpose of even have a District court trial? Just for the attorneys to make money? I am not buying that. I know the attorneys are there to make money but I do believe that a court order is intended to be complied to until an different determines it is not. I do not believe that AUSA Kevin VanderSchel in his position as Assistant Prosecuting Attorney for the Southern District of Iowa has any power to simply ignore a court order as he advised me he did. I think he is knowingly making false statements. Someone show me a document that gives that power to an attorney. I do not have any reason to believe one word that comes from the mouth of any government official. Hearsay is not evidence, even the common citizen knows that.

You can Sue for Civil rights violations!

Federal or State violations of civil rights or constitutional rights

About Kevin VanderSchel AUSA for the Southern District of Iowa.

Here is an example of how well FBI SA and the AUSA reviewed my evidence. In this letter the AUSA claims that most of the activity occurred 2003-2005. It is well documented that 2003-2005 is when the City allowed for the non compliant to State building code structures built on Mark Conlee’s nonconforming lot to be built. If they would have actually reviewed my evidence, instead of asking that I tell them this complex story they would have discovered the chemical warfare started in 2005-2010, during that time I was unable to get any protection of the law, there was a civil trial that the court ruled in my favor, however Conlee would not comply with that court order and the chemical attack continued on a weekly basis. There is nothing in this letter that is based on the facts the evidence supports. VanderSchel has advised that he has reviewed my website. He could not have mistaken the timeline if he actually had reviewed it. VanderSchel the chemical poisoning began in 2005. Are you being intentionally negligent? I also advised you that when I was forced to flee from my property because I could get no law enforcement to stop this man from applying the toxic chemicals to my property, the full body skin condition was so severe it was unbearable to wear clothes, I was blind, and I was homeless for the following 4 years. So that takes us up to 2014 before I was able to make contact with anyone who has the duty to protect my Constitutional Rights. SA Reinwart does not know that private property rights are Federally protected rights. He does not seem to know about any Federal laws except hate crimes. He did not review my evidence, He did not interview any of my witnesses, he did not interview my Drs., he did not interview the perps or he could have easily charged them with lying to the Feds. You tell me Mr. VanderSchel just what did SA Reinwart do to investigate my allegation. You claim that the statute of limitations had expired between 2013 and 2016, am I responsible to make Reinwart investigate in a timely fashion? I couldn’t even get him to review the hard copy evidence which was the purpose for him to come to my home 16 months after I contacted him. I had previously contacted a female agent from the Hiawatha division and was waiting some time for her to respond as she advised she would, finally I telephoned the number I had previously contacted her with, Reinwart answered and advise that she had been transferred. Is it my responsibility to call and check if an agent has been transferred? I have not read that as a standard procedure for complainants. Not to mention my emails to the Omaha division, and telephone calls to the Washington DC headquarters. I have gone above and beyond reasonable efforts to contact an FBI agent. Senator Grassley advised me in 2009 that an agent would be contacting me. I waited 10 years then I got impatient. Its not as if I have physically recovered from the chemicals illegally applied to my property without any protection of the law and my private property rights for those significant 5 long years.

Letter from Kevin VanderSchel claiming statute of limitations has expired.

Exposing public corrupt personnel at all levels.

Well this may be against my best interest but at this point what do I have to lose. I am publishing the email of the FBI SA who refused to review my hard copy evidence. Did not look into the financial record of the accused to see if perhaps a bribe has been paid. He accepted hearsay to be evidence. My case did not even get issued a case number. He did not recognize that private property rights are Federally protected rights. He continued to claim that no Federal law has been broken when anyone who has taken the time to review the evidence agrees with me that Federal laws have been violated on more than one occasion. tjreinwart@fbi.gov. He goes by the first name of Thomas.

The AUSA immediately advised me that he would not prosecute giving me three different reasons at three different times. The first three reasons I submitted evidence that he was incorrect as to what the evidence proved he was basing his decision on. Knowing he has been given false information or information based on hearsay by the above named FBI agent. The most recent decision not to prosecute was because he has the authority. I sent him guidelines suggested by the Attorney General but to no avail. The letter states that I am not supposed to contact this AUSA again. They will not put any more resources into my insignificant case. I explained that a civil court order early on in my favor was violated by the local government officials and he callously does not care. Kevin.VanderSchel@doj.gov. he of course goes by the name of Kevin.

There is no record of any citizen being forced to flee from their private property due to unlawful application of toxic chemicals being applied, ongoing for over 5 years. NONE. It seems to me that anyone who would continue an act that he knows is causing anyone else physical harm has some mental health issues. I know I would not do anything to anyone else’s property because it is illegal and immoral. It seems the Federal authorities feel that they can join in this figurative gang rape. I feel they need to be held accountable as well as the locals. There is nothing I have posted that is based on hearsay or based on fabricated information. There is much evidence that I have not posted. If these individuals are satisfied that they have upheld their duty and the oath they took to uphold the Constitution of the United States then they should be proud of their job performance in my unnumbered case. They never showed any real intent to defend my rights given by Federal law. They should be proud of their actions in this case that has multiple violations of Federal law. Anyone who reads my information and feels my Federally protected rights have been violated I urge you to email these individuals and let them know that private property rights are Federally protected rights and any other opinions you may have that Federal law has in fact been violated. Terrorism is not a violation of Federal law I have been told. Only supporters of terrorism are violating Federal law, so clearly the local officials who would not stop this neighbor from applying the chemicals to my property are supporters of terrorism. Yes herbicides and pesticides are considered chemical weapons. I have done all the research to know that violations of Federal law have occured.

If something happens to me it is well documented as to who may be involved. Just saying. Glyphosate is harmful to human beings when not applied as directed on the label. This is what is wrong with our Government today. Covering up and supporting corruption is not what the FBI has the duty to do. I want to know why I am exempt from the same rights that every other citizen takes for granted, as I did when I fled from my home, business and property. There is no justifiable reason any US citizen should have to suffer what I have suffered.

Attorney General’s guidelines for FBI investigation

Investigations by the FBI are premised upon the fundamental duty of government to protect the public against general crimes, against organized criminal activity, and against those who would threaten the fabric of our society through terrorism or mass destruction. That duty must be performed with care to protect individual rights and to insure that investigations are confined to matters of legitimate law enforcement interest. The purpose of these Guidelines, therefore, is to establish a consistent policy in such matters. The Guidelines will enable Agents of the FBI to perform their duties with greater certainty, confidence and effectiveness, and will provide the American people with a firm assurance that the FBI is acting properly under the law.

What’s the deal here? Are there any areas within the USA that are excluded? Because the SA that investigated my case did not follow anything about these guidelines, nor did he recognize that private property rights were Federally protected. Who doesn’t know that without having been trained to be an FBI agent?

US Dept of Justice, US Attorney for the Southern District of Iowa

You are here

 

Divisions

CRIMINAL

The Criminal Division is charged with the responsibility of enforcing federal criminal laws in the Southern District of Iowa. The Criminal Division has a total of 24 prosecutors posted across the District–including in the Des Moines headquarters office and in the District’s two branch offices in Council Bluffs and Davenport. These prosecutors work closely with paralegals, legal assistants, victim witness specialists, and others to fulfill these responsibilities, along with a wide variety of federal, state, and local law enforcement agencies and federal grand juries empaneled to investigate violations of federal law.

Terrorism and National Security
The fight against terrorism is the highest priority of the U.S. Department of Justice, and the U.S. Attorney’s Office is dedicated to combating and defeating terrorism. We work with our partners in law enforcement, the intelligence community, the military, and diplomatic circles to investigate, prosecute, disrupt and prevent terrorism. Criminal Division attorneys work with the Anti-Terrorism Advisory Council and an intelligence specialist in pursuing this important mission.

Fraud and CorruptionCriminal Division attorneys investigate and prosecute complex fraud, public corruption, and financial crimes that the federal government is uniquely qualified to handle.

    • Criminal Division attorneys participate in a Working Group, along with the office of Iowa Attorney General Tom Miller, to pursue mortgage fraud cases, along with investigating agencies such as the Federal Bureau of Investigation, the Department of Housing and Urban Development–Office of Inspector General, and the FDIC-Office of Inspector General.
    • Criminal Division attorneys play a leading role in the Iowa Health Care Fraud Task Force, which identifies cases involving medicaid fraud, insurance fraud, and other types of health care fraud for investigation and prosecution. Federal agencies such as the Federal Bureau of Investigation, the Department of Health and Human Services–Office of Inspector General, as well as the Iowa Attorney General’s Office and state agencies also participate in these efforts.
  • Criminal Division attorneys pursue other types of fraud and public corruption cases with these same agencies, as well as with the United States Postal Inspection Service, the Internal Revenue Service–Criminal Investigation, and the United States Social Security Administration–Office of Inspector General, among other agencies.

Narcotics Trafficking and Violent CrimeWorking with both the United States Drug Enforcement Administration and a wide variety of state and local drug enforcement task forces, Criminal Division attorneys investigate and prosecute federal criminal offenses involving the unlawful importation, possession, distribution, and manufacture of controlled substances, including methamphetamine, cocaine, heroin, ecstacy, and marijuana, as well as prescription drug abuse. Criminal Division attorneys also handle cases involving violent crime, such as armed bank robberies, unlawful possession of firearms (as part of the Department’s Project Safe Neighborhoods program), arson, and violent crime associated with narcotics trafficking.

Computer Crimes, Child Exploitation, and Human TraffickingCriminal Division attorneys, working with the Iowa Internet Crimes Against Children (ICAC) and other agencies, prosecute a broad range of computer-related crimes, with special emphasis on crimes that involve the sexual exploitation of children and Internet child pornography, including as part of the Department’s Project Safe Childhood Program. Criminal Division Attorneys, along with victim-witness specialists and others, also work to investigate and prosecute interstate prostitution, human trafficking, the enticement of children across state lines for immoral purposes, and unregistered sex offenders who travel across state lines in violation of the Sex Offender Registration and Notification Act (SORNA).

Environmental and Wildlife CrimesCriminal Division attorneys, working with both the Environmental Protection Agency and the Iowa Department of Natural Resources, investigate and prosecute criminal violations of federal environmental laws, including violations relating to the improper disposal and storage of hazardous materials and violations of the Clean Water Act and the Clean Air Act. Criminal Division attorneys also work with the United States Fish & Wildlife Service in pursing cases involving interstate trafficking in unlawfully taken wildlife and similar crimes.

Immigration Crimes and Program FraudCriminal Division attorneys handle a variety of offenses involving the integrity of government programs, such as those administered by the Social Security Administration, the Small Business Administration, the Veteran’s Administration, and the Railroad Retirement Board. Criminal Division attorneys also work closely with the Department of Homeland Security and its agencies to prosecute violations of the immigration laws, such as visa fraud, alien smuggling, and unlawful reentry to the United States following deportation.

Civil RightsCriminal Division attorneys, together with the Civil Rights Division of the U.S. Department of Justice, assess complaints alleging violations of the criminal civil rights laws and, in appropriate cases, conduct grand jury investigations and initiate criminal prosecutions for civil rights violations.

Appellate UnitThe Criminal Division’s Appellate Unit handles the office’s criminal appeals before the Eighth Circuit Court of Appeals, which is the federal appellate court with jurisdiction over cases arising from Iowa and several neighboring states. Additionally, the Appellate Unit, in consultation with the Department of Justice, decides when to seek appellate review of trial level rulings adverse to the United States, and coordinates with the Department of Justice if further review of cases arising from the Southern District of Iowa is sought before the United States Supreme Court.

Asset Recovery Team–Forfeiture and CollectionsThe Criminal Division’s Asset Recovery Team supports the prosecution of criminal and civil forfeiture cases and enforces and collects criminal and civil debts, including restitution for victims in criminal cases. In addition to litigating civil forfeiture cases, this team of specialists provides support to Criminal Division attorneys on all criminal forfeiture issues. Forfeiture attorneys and paralegals work with federal law enforcement agencies, assisting their criminal investigations by identifying assets subject to forfeiture and developing evidence for seizure and forfeiture. The team also collects criminal debts, such as fines and restitution orders, and civil debt to federal agencies, such as student loans and federally-guaranteed mortgages, and works with Criminal Division attorneys to identify assets that can be used for restitution to crime victims.

CIVIL

The Civil Division of the U.S. Attorney’s Office represents the United States and its departments and agencies at both the trial and appellate levels in civil actions filed in the state and federal courts in the Southern District of Iowa. The activities of the Civil Division include defensive civil litigation, affirmative civil enforcement actions and miscellaneous matters.

Defensive Litigation
The types of defensive cases handled by the Civil Division include tort cases filed against the United States under the Federal Tort Claims Act; claims against individual employees of the United States alleging constitutional violations (also known as Bivens Actions); discrimination cases brought by federal employees based upon race, color, sex, religion, national origin, disability or age; review of administrative action under the Administrative Procedures Act; and appeals of denial of Social Security disability claims.

Affirmative LitigationThe Civil Division brings civil affirmative actions under the False Claims Act to pursue false claims or fraud against the government, Americans with Disabilities Act and the Fair Housing Act and other statutes designed to enforce civil rights, as well as environmental statutes and other health and safety laws.

Miscellaneous MattersCertain miscellaneous matters are also handled by the Civil Division, including summons enforcement action on behalf of the Internal Revenue Service, subpoenas to federal officials, commercial litigation to collect debts owed the United States and protect the government’s interests in bankruptcy and foreclosure actions.

Updated December 22, 2016
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Simple question regarding Federal law. Just to verify my own understanding of the law.

I have a simple question regarding Federal law. I am requesting opinions and answers from anyone, this is not limited to attorneys.

Trespassing is a criminal offense? True or False

Someone trespasses on your private property, causing damage.  You have requested them not to trespass.  They continue to trespass and cause damage to your private property. The local law enforcement refuses to issue a criminal complaint on your behalf.

Do you believe these actions are in violation of the 14th Amendment. Is it your opinion that the described actions are in violation of Federal law?

Do you have any references that would support trespassing is not a violation of the 14th Amendment?

My neighbor used chemicals as a weapon with intent to cause serious harm or death. Most extreme case of criminal actions carried out by the “good old boy network”.

The motive was to acquire my property as his new redevelopment of an otherwise worthless property was non-compliant to State building codes and he could not get the illegal redevelopment recorded on the County plat map. Having been successful in acquiring my property after 5 years of exposing me to the chemicals, He and those who participated are living large and I suffer from chronic health problems and was homeless for over 3 years and blind.

My neighbor intentionally applied Roundup on my property with intent to cause serious harm or death. The link will explain the unprecedented case that I been a victim of. I am requesting any legal contacts that can represent me in Federal court. I have asked multiple attorney’s they all reply with the same response “we simply do not have time to dedicate to such a complex and unprecedented case”. The damages done to me will forever affect my life. I need advice in the proper way to sue these officials for the damages they have intentionally caused me. I went to the city council in an attempt to notify them of what was going on, the neighbor stated that the roundup dissipates. We all know that is a false statement, but in this case all local authorities have to be aware that this man is a pathological liar. All statements made by this neighbor were taken as proof positive and my hard copy evidence was dismissed.
sincerely,
Melody Boatner

The chemicals were non-stop, I did eventually have to make a decision of whether to flee from my home, property and business. Stay and die from the intentional exposure to the chemicals or shoot this neighbor dead. Not much of a choice for someone who has no criminal record.This neighbor was allowed to redevelop a non-conforming property with no regard to State of Iowa building codes. He went to get the redevelopment recorded on the county plat map. The redevelopment was rejected from being recorded. It was at this time the neighbor assisted by local city and county officials determined the remedy to get the illegal redevelopment recorded on the plat map was to acquire my property. Doing so would provide enough sq ft of property that his redevelopment could be legally recorded on the county plat map.
sincerely,
Melody Boatner.

Creepy

I have to say with the amount of solid evidence that I have posted to this page I find it a little creepy that I have had minimal comments in regard to my story. I do not know if it is because, this happens all the time as some have suggested, if people think this is a fictional story, or if people just do not care about fellow citizens rights being violated. The as long as they do not hurt me or my family reasoning. Let me tell you this could happen to anyone and I would be the first to speak up on anyone whose Federal or State Constitutional rights have been violated. Just saying, I do not know of any case in which a neighbor need a property due to his violation of the building laws and determines the remedy is to eliminate the neighbor.

Public Corruption Why It’s Our #1 Criminal Priority!

03/26/10  A little outdated but still the front page article on their webpage.

public_corruption.jpgPublic corruption is a breach of trust by federal, state, or local officials—often with the help of private sector accomplices. It’s also the FBI’s top criminal investigative priority. To explain why the Bureau takes public corruption so seriously and how we investigate, we talked with Special Agent Patrick Bohrer, assistant section chief of our Public Corruption/Civil Rights program at FBI Headquarters.

Question: Why is public corruption so high on the FBI’s list of investigative priorities? 
Answer: Because of its impact. Corrupt public officials undermine our country’s national security, our overall safety, the public trust, and confidence in the U.S. government, wasting billions of dollars along the way. This corruption can tarnish virtually every aspect of society. For example, a border official might take a bribe, knowingly or unknowingly letting in a truck containing weapons of mass destruction. Or corrupt state legislators could cast deciding votes on a bill providing funding or other benefits to a company for the wrong reasons. Or at the local level, a building inspector might be paid to overlook some bad wiring, which could cause a deadly fire down the road.

Q: Can you describe the kinds of public corruption that the FBI investigates? 
A: It really runs the gamut. Bribery is the most common. But there’s also extortion, embezzlement, racketeering, kickbacks, and money laundering, as well as wire, mail, bank, and tax fraud. Right now, based on our intelligence on emerging trends, we are focused specifically on several major issues: corruption along our national borders; corrupt officials who take advantage of natural disasters or economic crises to divert some of the government’s aid into their own pockets; and a myriad of officials who may personally benefit from the economic stimulus funding.

Q: Where do you find this corruption? 
A: Just about everywhere—at the federal, state, and local levels throughout the country. And I should point out, the vast majority of our country’s public officials are honest and work hard to improve the lives of the American people. But a small number make decisions for the wrong reasons—usually, to line their own pockets or those of friends and family. These people can be found—and have been found—in legislatures, courts, city halls, law enforcement departments, school and zoning boards, government agencies of all kinds (including those that regulate elections and transportation), and even companies that do business with government.

Q: How does the FBI investigate public corruption?
A: We’re in a unique position to investigate allegations of public corruption. Our lawful use of sophisticated investigative tools and methods—like undercover operations, court-authorized electronic surveillance, and informants—often gives us a front-row seat to witness the actual exchange of bribe money or a backroom handshake that seals an illegal deal…and enough evidence to send the culprits to prison. But we have plenty of help. We often work in conjunction with the inspector general offices from various federal agencies, as well as with our state and local partners. And we depend greatly on assistance from the public. So let me end by saying, if anyone out there has any information about potential wrongdoing by a public official, please submit a tip online or contact your local FBI field office. Your help really makes a difference.


Seriously? My experience with the lazy FBI agent. This is my life you have taken. Do you understand being gang raped? The damage done?

I have taken 1 step forward and 10 steps backward. Let me tell you how my interaction has developed with the FBI. I actually have made contact with an agent at the Federal level and it has been a difficult task that is not nearly over and done with to my satisfaction by any means. The article above talks about wasted money, in my case I can identify wasted money as in the local division agent actually getting taxpayers money for doing nothing that is described as an investigation. I began seeking assistance from the FBI in 2007. My case if reviewed any reasonable person could recognize, clearly supports local government corruption. I do not care who you are if you do not understand that private property rights are protected, Federally guaranteed to every citizen. It makes no difference for those who want to argue, these rights are protected by the Constitutional law, by natural law, or by God’s law. These are unalienable rights never to be taken. It’s been well over a year since I first contacted this local agent. I had a vision of how this would play out. I was totally disillusioned to the reality of how this really works. I contacted the FBI numerous times since 2007. It was always a quick excuse to why they cannot assist and goodbye. To have the opportunity to speak directly is nonexistent. I did write to my US Senator in 2007 requesting that he help me get my case investigated. Initially he blew me off probably thinking that I was “crazy”. The difference in this case is if Mr. Senator had that opinion he kept it as a thought. Unlike my local government officials who defamed my character by making statements that I was “crazy” with intent to give the general public an unfavorable opinion of my character. Defamation of character is a violation of Federal Law 28 U.S. Code § 4101 – Definitions

Eventually I did convince my Senator that my case is a Federal case. During this extended period of time he has requested two congressional inquiries on my behalf.  That being done I assumed it was reasonable an agent would reach out to me. Never happened, I had no name or contact information for any agent. I had no idea how the agency is structured. At some point I became determined that somebody with authority of the FBI was going to review the evidence supporting my allegations. I packed up my old truck and headed to Cedar Rapids with my extensive library of evidence. I arrived in the parking lot around 2:00pm. I call the number listed for this division.  Apparently with the local division the agent you get is the one who answers the telephone. I told him my intention. He advised me that is was to late in the afternoon for me to meet with anyone. I advised him that I would get a room and be there first thing in the morning. He advised me that I would not be able to speak with anyone on the following day because it was Columbus Day. I couldn’t believe I had not recognized that day as being a Federal holiday and accepted it as an error on my part. We spoke several times after trying to make arrangements to meet but those appointment were canceled do to various reasons, I did request that he come to my home because I have limited resources and frankly could not afford to travel that distance again. My vehicles is old and not trustworthy.  After all this time of pleading and begging for anyone of authority to simply review my evidence. He finally agreed to meet me at my house. Prior to the date we had set to meet I advised him that my evidence takes an estimated 12 hours to review. He advised me that he did not intend to spend 12 hours reviewing anything. I was ready to get a room when I went to his location. He arrived and I had placed evidence supporting specific allegations in separate piles for his convenience, I was in the process of explaining what was where when he advised me that he would just take notes on what I would tell him orally. There is no way to tell this story verbally. It is simply too complex and confusing in that the witnesses and criminal actors are family member and many same names. There are so many individuals involved. There were 4 Mayors over this period of five years not to mention the turnover in law enforcement and council members. The agent arrived at 11: 00 am. I had not even gotten started telling him what took place before he advised me that he believed this to be a civil case. We both agreed that neither of us were lawyers. I asked him to please submit what few facts he did have of the case to a US Attorney. He advised me that he did not intend to submit my case to an attorney. He left my house at 2:00pm timing the ride so he would be back to his office by 5:00pm. I think his unwillingness to work overtime or on a holiday was odd, different than I expected. I expected an officer whose duty it is to expose public corruption to be more interested in a case alleging public corruption, Not long after he left the mail came. In the mail that day was a letter from an Assistant Deputy Director at the Washington bureau. The letter informed me that it had been determined there has been no violation of Federal law. At that point I became angry. At what point can a determination of any kind be made without a through review of the evidence. I need an answer to that question. I demand an answer to that question. I have since been advised by credible State attorneys that my case is in violation of Federal law. I know a person cannot unlawfully apply chemicals to another person’s property with intent to cause serious injury, I know a person cannot redevelop a property violating State building codes. I know that all the acts committed against me are criminal offenses, not as the agent advised me civil offenses. I know I will not settle for the word of any person disputing what I know to be true. I recognize hearsay and facts determine the ruling of a court. I have emailed this agent requesting the name of his supervisor. He will not reply. I sent a certified letter to the Assistant Deputy Director of the letter determining no Federal law has been violated and someone did receive it, So when law enforcement is negligent at the Federal level what recourse for justice does one have? The only resource available that I am aware of is the right given by the second amendment. I am not an attorney but I am not completely ignorant of the law either, Who are these people falsely portraying themselves as representatives of defenders of the law and protector of the Constitution. I have reach out to every resource available, all have assaulted me as a woman unequal for protection of the law. Give me liberty or give me death.  In regard to the last sentence of the article. I have tried to get information to this agency for 10 years and making contact must be similar to breaking into Ft. Knox. I submitted tips, I called the Washington bureau, I called the Omaha Division multiple times. No person ever showed the professional courtesy to respond. The newly elected Sheriff went so far to put me in contact with an agent he knows. He has a conflict of interest and has violated State laws on behalf of the corrupt local officials I have evidence supporting all my allegations and I have not had the opportunity to touch on them yet. Fortunately he was not an agent with my local division. This contact from the Sheriff was quick to advise me that the statute of limitation has expired. I returned a message on his voicemail advising him that there is no statute of limitation for acts of terrorism. There was no response. I am not accepting of what this enterprise of local rapist have perpetrated on me. Someone needs to be a hero sooner than later in my opinion, I believe I have the right to file a formal complaint.  I do not have access to the information as to how to file a complaint.

In this case it would be suitable to bring Federal charges for torture 18 U.S. Code § 2340 

 

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