Financial Times, Sept 18, 1995. Code to deny the money launderer The International Bar Association will this week call for the establishment of a code of practice for lawyers worldwide to deny criminals access to legal services which facilitate money laundering. At the IBA's business law conference in Paris, which opens today, Professor Ross Harper, IBA president, will ask representatives from 167 bar associations to pass a motion supporting efforts to counter money laundering and for the creation of common professional standards on the issue. "We are anxious that there be no safe havens for the ill-gotten proceeds of criminal activities throughout the world," he said yesterday. Estimates put the amount of money laundered worldwide each year at more than 500 billion pounds. On such a scale it is possible for economies, world trade and global banking to be subverted by organised crime, the IBA says. The motion urges member bar associations to press their national governments to adopt the principal recommendations of the Financial Action Task Force on money laundering set up in 1989 by the Group of Seven industrialised countries and the European Commission. Robert Rice, London ----- Newsweek, Sept 25, 1995. A Law of Their Own: Extremists create do-it-yourself courts. One day last month Wichita District Attorney Nola Foulston looked at her copy of the Daily Record, a trade newspaper, and was stunned to read that she had been subpoenaed. She was ordered to appear in District Court and produce her license to practice law. If she failed to appear, the sheriff would be directed to arrest her. Her alleged crime: holding public office. The subpoena was an unofficial document drafted and filed by a local man who had been charged with a misdemeanor for burning trash without a permit. Angered by the government interference, he joined a growing number of disgruntled Americans who think they've found a better arbiter ofjustice. He went to a "Common Law court, " one of the latest incarnations of the extremist right. Foulston ignored the subpoena. "I don't practice in false courts," she says. But they're growing. Common Law courts have sprung up in at least 11 states in the farm belt and the West over the last year, organized by a cross section of people bent on directly challenging government. In living rooms, bingo halls and convention centers, dozens gather weekly to form juries, present evidence and issue kangaroo-court indictments, liens, arrest warrants -- and even death sentences. None of this has the force of law. The movement is based on a mixture of crackpot conspiracy theories and bizarre interpretations of the U. S. Constitution, the Bible and the Magna Charta. In brief, its leaders preach that Franklin Delano Roosevelt's "bank holiday" edict of 1933, which temporarily shut down the nation's banks, stripped the country of its safeguards against tyranny. "When you get to digging into what's going on today, you have a government operating outside the Constitution," says David Schechter, a court organizer. Court members keep in touch on the Internet, swapping information, posting meetings and organizing court sessions . They also vent their views in a Texas magazine called the AntiShyster. Mostly white men form Common Law courts; many come from the militia movement. Some are closely aligned with white-supremacy and anti-Jewish groups. "The basic idea behind the movement," says University of Oregon history professor Richard Brown, "is 'popular sovereignty,' that people are above the law. These people are alienated from the legal system. To some extent it sounds like they're also trying to settle personal scores." Nuisance filings: At times, the movement spills out of its bogus courts and into real ones. Followers have tied up courts and IRS offices with thousands of pages of nuisance filings. Common Law court "marshals" have even burst into federal courtrooms wearing official-looking badges and uniforms to serve their papers. Last year in Garfield County, Mont., 36 men and women formed a Common Law court and briefly occupied a courthouse. Another court offered $1 million bounties for the arrest of local officials and threatened to hang them. Garfield County Attorney Nick Murnion charged some members of the Common Law court with "criminal syndicalism," alleging that the group had advocated acts of violence for political purposes. One court member was sentenced to 10 years in prison. Others received smaller sentences. Some members try to use the rump courts to reverse real ones. Favorite targets are divorce decrees and foreclosure notices. "People who don't want to or can't pay their bills are turning to something that tells them they don't have to." says Kansas City attorney Berry F. Laws III, who has been targeted by Common Law courts because he forecloses on farm mortgages for the Farmers Home Administration. This is a serious business, but it has elements of unintended burlesque. William Ellwood of Columbus. Ohio, joined up after his small business collapsed and he found that he still owed the Internal Revenue Service $5,100. Frustrated and annoyed, he took to researching the Constitution and concluded that he was living in a land that infringed on his personal liberty. One thing led to another until he found himself ticketed by a police officer for weaving on a highway. His reading of the Constitution made the ticket null and void. "What we're saying," he patiently explains, "is the motor-vehicle laws are laws of commerce. I don't use the laws for private gain, so why do I have to be stopped?" Ellwood eventually paid the ticket, but not before he and a small group of like-minded citizens reached out to organizer Schechter. Now they meet every Tuesday to have their day in a court of their own making. Thomas Heath in Denver and Connie Leslie -----
Another court offered $1 million bounties for the arrest of local officials and threatened to hang them. Garfield County Attorney Nick Murnion charged some members of the Common Law court with "criminal syndicalism," alleging that the group had advocated acts of violence for political purposes. One court member was sentenced to 10 years in prison. Others received smaller sentences.
This sort of thing can become very dangerous very quickly. In the UK there was a publicity seeking shyster who decided to make a political career out of attacking a book he didn't like. The authorities didn't want to risk getting involved so they let the guy go round calling for the author to be murdered. He has been in hiding since the Ayatoloah issued a death threat.
"The basic idea behind the movement," says University of Oregon history professor Richard Brown, "is 'popular sovereignty,' that people are above the law. These people are alienated from the legal system. To some extent it sounds like they're also trying to settle personal scores."
Sounds like they don't like the democracy so they are setting up their own lynch law. It dosen't sound all that different from fascism. First they start saying that a group of people are evil, once they have convinced each other that this is the case they take the logical next step of murdering them. Another reason why we need cryptography, to protect ourseles against such self appointed lynch mobs. Phill H-B
| >"The basic idea behind the movement," says | >University of Oregon history professor Richard Brown, "is | >'popular sovereignty,' that people are above the law. | >These people are alienated from the legal system. To some | >extent it sounds like they're also trying to settle | >personal scores." I suddenly got very cold. I thinnk the world has seen enough of 'revolutionary justice', both in the Soviet Union; there are some fascinating passages of Lenin about avoiding the bourgouise invented 'justice' concept, and that the revolution was well 'above' that whole thing, and im Germany. And I guess in current China. When the people and the govering establishement has lost contact this much, you're in for trouble. (Ok, remember I'm a dumb Swede, that still happens to believe that State and People doesn't have to be enemies. And I do believe in a sensible dialog between different interest groups etc etc. Flame away, I'm just dumb anyway. ;-)) /Christian
On Mon, 18 Sep 1995, Christian Wettergren wrote:
| >"The basic idea behind the movement," says | >University of Oregon history professor Richard Brown, "is | >'popular sovereignty,' that people are above the law. | >These people are alienated from the legal system. To some | >extent it sounds like they're also trying to settle | >personal scores."
I suddenly got very cold.
I thinnk the world has seen enough of 'revolutionary justice', both in the Soviet Union; there are some fascinating passages of Lenin about avoiding the bourgouise invented 'justice' concept, and that the revolution was well 'above' that whole thing,
and im Germany.
And I guess in current China.
When the people and the govering establishement has lost contact this much, you're in for trouble.
(Ok, remember I'm a dumb Swede, that still happens to believe that State and People doesn't have to be enemies. And I do believe in a sensible dialog between different interest groups etc etc. Flame away, I'm just dumb anyway. ;-))
/Christian
There has been much handwringing today over some poor guys out west who have been holding their own "common law courts," along with wonderment that they lack faith in the American justice system. In the last year we've seen in the national news: * FBI and BATF murdering, lying, & tampering with evidence. (Waco/ Ruby Ridge hearings / WTC bombing trial /etc.) * Cops confiscating cash from citizens in Atlanta, and pocketing it. * Cops fabricating evidence wholesale in Philadelphia. * Cops admitting to beating people in LA. * Cops from NYC having drunken riots in D.C. * Cops from around D.C. beating a suspect - later found to be innocent - until he was comatose. * Cops having a shootout - among themselves - in AZ. * Cops raping and murdering in New Orleans. In several of these cases, little or no punishment resulted. A couple of local incidents, in Knoxville, TN: * Several months ago, the local paper (Knoxville News-Sentinel) revealed that jailers at the city/county jail are in the habit of hanging prisoners by their wrists until their hands turn black. Those that are really disfavored are also forced to wear a vomit-filled hood. To my knowledge, no one has yet been has been taken to task for this. * Knox medical examiner Randall Pedigo was found to be drugging and raping young boys. He pulled a gun on the cops and was shot. After recovering, he was allowed to plead guilty in return for a 1-year sentence at the penal farm. The mayor of Knoxville, Victor Ashe, is active in the U.S. Conference of Mayors and has served as a spokesman for the organization. Presumably, he and they are untroubled by events like the above. I can't recall him - or them - so much as expressing concern. The "angry white men" have just figured out what the angry black men have known for a long time: that the "justice system" in the US is a tool used by some to impose their will on others. It has little if anything to do with justice. Is this radical right-wing rhetoric or is it Marxist? Or is it just a statement of fact? What percentage of the population can think this way without the jury system failing? What percentage does think this way? Is that why we're hearing calls for the abolition of the jury system? Tenuous crypto tie: Why would anyone trust these guys to hold our escrowed keys?
participants (4)
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anonymous@robo.remailer -
Brad Dolan -
Christian Wettergren -
hallam@w3.org