In order to establish that a racketeering enterprises exists, The Dread Pro-Se Kimberlin™ must show at least two predicate criminal acts (from the list in the RICO statute) were committed by his imagined conspiracy. One of the acts he tries to allege in his Kimberlin v. The Universe, et al. RICO Madness is obstruction of justice.
Even if one were to pretend that TDPK’s false narrative were true, it wouldn’t establish a violation of the applicable federal law.
But a better example of TDPK’s sloppiness in throwing together his lawsuit is his attempting to allege that the defendants had violated two other sections of the federal Obstruction of Justice statutes, 18 U.S.C. §§ 1510 and 1511.
It’s almost is if he read the titles of the sections and thought they would be good things to allege (Obstruction of Criminal Investigations and Obstruction of Local Law Enforcement) without reading the laws to see what they forbid.
#Incompetent
Reblogged this on Dead Citizen's Rights Society.
Any court appearances federal or state in June? I’ve got some vacation and may want to attend.
Nothing scheduled. Yet.
Not just sloppy, but sanctionable conduct.
Btw, from one of my footnotes in my motion to dismiss:
“Once again, one gets the feeling that the Plaintiff simply looked at the description given to the statute in §1961(1) and didn’t bother to read the statute to determine if it actually applied to what he alleged had occurred.”
So basically the same thought as what John said.
“… almost as if …” hmmm, what is wrong with that sentence. Probably the “almost” part.
And his word processor ate his homework again.
I’m not sure I want to find out what is involved in the “violation of any criminal statue“
“Thou shalt not make unto thee any graven image…” ?
This:
https://www.youtube.com/watch?v=VJZSiYCr1gE
Violation of a criminal statue.
Nah. That criminal violation of a statue, not violation of a criminal statue.
I do so adore this “caused threats to be made” construction. I mean, he doesn’t allege that you paid people to make these imaginary threats, does he? Or perhaps these fantasy threats were made because you held guns to the heads of the imaginary threateners?
ACME Law at it’s finest.
And to whom were these supposed “caused” threats, by persons not party to Kimberlin’s action, made?
How would Kimberlin know anything about any such “caused” threats, or the nature of any such “caused” threats (leaving out the personal agency of the threatener) — unless, I suppose, he or one of his aides de camp concocted some?
The States Attorneys and a pair of Judges, of course. Who promptly reported them to the The Dread Pedo Kimberlin, rather than law enforcement. ACME logic.
In a proper RICO suit, if there were proper grounds given these particular allegations, the state’s Attorney General would typically be bringing the suit, not a convicted serial bomber, perjurer, forger, etc. Without any criminal charges having been brought between the defendants of this RICO suit (you know, to establish the criminality of their conduct) the civil suit seems out of place. The fact that it is not a state agency alleging obstruction of a state agency, and instead is a convicted serial bomber, perjurer, forger, etc. is quite telling.
Now, one of the easiest ways to tell what the low-life thugs on the left are doing is to watch what they accuse their enemies of doing. E.g. Bill Schmalfeldt harasses people, then when they contact the authorities, he claims it is he who is being harassed. Or better, when caught defrauding the Court, Kimberlin accuses those who point it out of sanctionable conduct.
Applying this basic principal to team Kimberlin, because they are accusing others of a RICO conspiracy, and it would be a pretty safe bet that their behavior (the perhaps fraudulent non-profit, the swattings, stalking, extortion, threats, and vexatious litigation) would fit the textbook definition of a RICO conspiracy.
So, hypothetically, start with a fraudulent nonprofit organization – an organization that does nothing but enrich those associated with it, hypothetically – the initial criminal organization run by a felon with a heart of diddle. The organization is threatened when the truth of the organization’s leader is revealed. The boss hires some low level goons, hackers / harassers to extort those who are upsetting the gravy train. Comments are made along the lines of, ‘keep it up and you may get swatted – not by us of course, but by someone’. ‘Keep it up and your name will be made public.’ ‘Delete your comments or else.’ When the extortion is unsuccessful, boom swattings, boom doxings, boom mentally unstable harassers calling on folks to rape the wives of those who will not shut up about the Boss. Viola! An actual RICO conspiracy.QED. Hypothetically, of course. (Does the FBI know what is going on here?)
Signs point to “yes.” But part of the problem is that the FBI has for quite a while pursued a (frankly misguided) policy of “flipping” certain hackers (i.e., turning them into informants) rather than arresting them. There have been indications that one of the members of Team Kimberlin has dually benefitted from this benign neglect, avoiding apprehension and feeding the Feds bogus “tips” to get them to do (some of) his dirty work for him.
But that little game appears to have just about run its course:
http://www.reuters.com/article/2014/05/14/us-cyber-summit-fbi-idUSBREA4D0UP20140514
Bye-bye Neal …
Paul, Deo volente!
Reblogged this on That Mr. G Guy's Blog.