So this morning i tried to call my mom to find out information  on when she was going  on vacation…. if she needed a ride… and  to see if we could see each other before she went…  while i was on teh phone with he the phone got all mesed up… and i tried to reboot it… in a way.. and tried to get her back on the line…   

Cliff sterns who was featured on the  c-span program with a few other  congressmen  concerning  the illegal uses and harmful effects of  manipulating phones though various  methods…one being  spoof cards… I spoke with his representative in Gainesville Florida ( Jean Clough ). I wanted to see what progress  has been made on the work he has done concerning the laws…. and wanted to know how the  laws were assisting  others in prosecuting   the damages brought on  by misusing these spoof cards..( ie changing phone  caller id’s and even  changing  voices from men to women through the use of various computer programs…)

In particular I wanted to know if he or one of the representatives could  tell me about the woman who had been told over the phone to take a certain  medication by a jealous woman who had spoofed the pharmacy ‘s telephone and given the  misguided instructions causing the victim to lose her baby….

 Did the laws cover the damages…. as in a murder? was the criminal who used the pharmacy’s phone  number as their spoof ed caller id… was she charged with all the crimes? and what were her penalties?  I personally hope she had the maximum possible… 

Jean couldnt answer any of those questions… but told me that i could email her and hopefully i could set up an appointment  to  bring to attention all the  material in this website and blog to help to promote legislature stopping any of this from happening to anyone else ever… no one should have their lives ruined.. and  their hopes and  dreams stolen…. especially  through the use of criminal means and by breaking laws …. I hate criminals……. con artists.. and the selfish  horrid people who  not only inflict emotional distress…and damages.. but also should be put in jail and held accountable for all their  treacherous actions…  did i mention i hate criminals?          

So a bully article in the  form of an  email was sent to my email address  from my mom’s email address at 2:53pm…. once again not sent from my mother…. how do i know this… because my mom attend mass at 3pm

its amazing how  someone  was able to send a mean and bully  email  that was sent only to cause emotional distress  and cause me to cry… when my mom went  to 3:00ppm mass at st. johns catholic church… so it wasn’t sent from my mother! there  is no way that her getting ready.. and getting to church  on time.. would have allowed her to still have her computer on.. and then to  make a concerted effort to send a bully email that contains the same information sent to me in many anonymous letters  also sent  to cause only emotional distress and to make me cry…  one lady  or person actually had to nerve to say  she never met me… and to use the name of God  to belittle me…. make remarks that  caused me to cry.. 

 So this is the weird part:   i received an email from my mom  saying one of the renters had moved out… then the same night i received the mean and horrid phone call that bothered me for two days…  and the mean email sent to me at 10:50ppm….. I was also told that this same renter that  she wrote about  leaving  and was happy to not have there since he was not   timely on his rent…. was back…   so that is the first  thing that is not consistent with   the manner in which my mother usually handled her  business….

the next thing is that  my mother and i discussed  her emailing the police to notify them  when she was going on vacation… to request that they do an additional drive by to make sure her home was safe…   when i was discussing it on the phone today ( june 9th 2011) I had a horrid person who said thy were not having the police  check her house….That person who did not want to involve the police to make sure my mother’s home was safe… couldn’t possibly be my mother… or any of my family members.. or any of my mother’s friends… 

No real  mother would ever stop the police from making sure her home or possessions or even her family were safe… but a criminals.. now that might be someone who  is more interested in not having  anyone check her home… and try to prevent the law and law officials from stopping any  crimes… and  want to make sure they are not caught!  I hate criminals….

OT my mother  or in the best interest of mymother or her home..or her ossesssions….

I received yet another Virgin Mobil email concerning the phone number I had of 239-287-2294 which I was told was already cancelled  and hasn’t worked for me  since December 2010.    Here is a copy of the phone email sent by virgin mobil. :  

so i just watched “TAKEN” .. and really had wanted to talk
about  it.. and wanted to talk to my mother about it…but instead i
got another  spoofing…   horrid criminal .. one that actually sounded 
drunk… which i know couldn’t possibly be my mother.. or my 
sisters… or any of my friends… and this person  wouldn’t  discuss 
the feelings of a mother when letting her daughter go off to boarding
school when  she was 14 years old.. of traveling internationally when I 
was  14.. or for that matter going into school in France when i was 17-
18….   the spoofing scummmmmm people on the phone… not really 
family or friends…

more than likely since  the phone line
to the one apartment also  is still connected to the main phone lines
and the criminals have been able to manipulate  phone connections.. and
send bully emails… through her wireless internet.. thus  that is how 
the bully girls are sendign emails when my mom is usually asleep… i
really want them in jail…. and no surprise that  they dont want a
police person renting and stayng in her  home … criminals never do…
and so wonder  that  the person  on the  phone is unable to answer any 
questions concerning my  life with my mother or my family… a stranger
never would be able to answer those questions…

 and
thank god i called manuria… who actually said she spoke with my mom…
and no the world is not falling apart… her business is fine and my
sisters condo is fine…  and she promised that no one will do anything
to my life as well…. no matter what the criminals  on the  phone
threaten … and for the past few days they have been threatening…  
one of them actually sounded really jealous .. that i had a nice
life…      now there is a person who is emailing.. so  guess we are
back to the criminals and the spoof cards of 2007…. the one who lets
the phone off the hook and keeps typing… mean emails…  the girl/boy
criminal with a  gregory marion  cell phone caller id…  though now
that i have made this public.. it could possibly just be a copy cat…
who gets a hard on  by inflicting emotional distress… really classy..
right?

 …. but it still only has the one message on the
voice mail…  go figure…. i have to deal with the mean and evil
witch  from2007… and all the bully emails? …  possibly Ohio state
person…. like karen kahel..or one of her counterparts.. or perhaps…
still… or since “Ron”  moved back..or at least  that is the claim it
must be one of the “whore to doors”…  who enjoy  harming me and my
family and the relationships of my life.. they get  a kick off of
causing emotional distress.. probably get sheer pleasure from seeing a
girl cry.. and of course they do this because they sue  don’t want some
one to have the life they have lied and cheated and stolen.. from people
like myself… what  a waste of energy… they will never have ever had
the life i had in the time frame i had it.. and by lying or belittling
my famly or my famly life.. it will not change  it …. it will not
change it at all… it will not change anything

i tried to
called  to  speak to scott renshaw.. but instead spoke to a  person  who
doesn’t under stand the  English language very well… and went to
Baylor university…. and  just told me he was my friend…. when we
Skyped… not the Skype kid who put his hand over the camera the last
time i tried to just skype on a friendly basis….   but  he kept
telling me he didn’t understand.(?) … anyway….  i was going to talk
to him  about the movie..about his daughter traveling at 11 alone….
but   that he didn’t watch the  movie… then almost at every comment
…  he said he didn’t understand…  wonder if he would have understood
if i had said i had won the Florida state lottery…HA! i bet all the 
criminals would be as sweet as anything….  if money was involved… or
maybe just  more evil… who knows? but a very frustrating and
worthless evening  trying to share ideas/thoughts  on a really great
movie… i mean i understand if someone  gets to get someone else upset
they think they have” won” like karen kahel when she jumped up and down
when she made me cry… it gives a sense of power to a bully… just 
ask any of the people who are featured on bullicide...
the website…dedicated to suicide  that were caused by bullies…. or
ask charlie sheen… about winning? right?   that s the exact word used
in a different tense… used by karne kahel when she bullied me to
tears….  that she got me upset.. so she believes she won…

The
method… this evening….  making someone feel less than  valuable
….. ( ie taking the phone of the hook….  making up lies to upset
them… ie ( lies about my  family… my business.. even the state of
the  economy….  then to belittle a person… by trying to make them
feel like they don’t make sense… or they don’t  matter… or what they
have to contribute to a conversation is not valuable…  even going so
far as to say  they   don’t   make sense… wow... this stuff is good…… or getting someone upset… it gives a bully power…. they get a
thrill from it… and a bullyisnot a freind nor a great family member 
or someone     

 If  it could get a bunch of teenagers to commit
suicide… I guess these same tactics are good enough for the uncaring
and selfish criminals on the the  phone… this evening… using   words
to demean…( though t it is funny  that they get upset at
profanity…. so are they children? or just  screwed up religious freaks
who don’t practice what they preach? or just  frauds ….. all round
frauds…. who use words  to  demean..and belittle.. to  bully and cause
emotional pain and suffering… … or getting someone upset… it
gives a bully power…. they get a thrill from it… and a bully is not a
friend  nor a great family member  or someone  who should be in
anyone’s life…    

would be pretty funny to find out i won
money…. I’ll bet  200 million dollars would change a  lot of people’s
attitudes… but hey would still be bullies and fakes and frauds….
guess its good that i get t o see them all in their true colors…now
HA!

So as to the identity thievery… and when that all started… i don’t know if this will have any pertinence or not… but i thought i should make not of it..just in case…

it was weird..  but i had a few people  claimed they could be my sisters   ….. one person i thought of as my friend.. ( micky Springer )  the other ( Carla )  i used to think she may have been a friend but then on retrospect she may have not been….  you be the judge…

 Clara ( from Brazil) i don’t know her last name.. i think it begins with  B.  anyway… it may have been after the  Christmas ever when i didn’t get to speak with my sisters or see them as i was in Naples… and her very strange comment  that my family thought I  was dead.. (and i will never forget/forgive  what she said next..) that i should be happy with   whatever family I got….   anyway.. my dad did a some  traveling  after working in Saudi… actually he did a lot of time working elsewhere…even when  we lived there… but he lived in Australia… and also visited  Brazil… and when he was single.. ( and very handsome.. ) he had some girl friends in other areas… as well… Carla at one point in time when we were    talking mentioned that we could be sisters….  guess it was the  bit of time he spent in Brazil… i know i went and  called my dad.. and he said he never had any other families.. especially in  Brazil … and this girl just liked messing with me…   but what a weird comment… both weird comments…

inf act Patrick garland  gave me a lecture once about   me not having any inheritance… about  how I  should just  be happy enough with an inheritance in heaven… i paid no mind to it  since  my entire family was doing  great…especially financially.. my mom’s business…  my businesses had been fine… an i never imagined any of the threats  that were made by the scum Gerard would ever remotely come true…

another person who  became a friend of mine was a woman i met in art classes in Sarasota.. she said her name was Micky Springer and was married to  Jerry Springer the talk show host…   i stated classes  from Julie Hanson…. on a suggestion by my father..  i would often drive up to Sarasota.. visit my aunt and dad and even get my hair cut by  the same  salon Micki went  to…called Studio Aquarius… ( great salon by the way…)    she was one of the first people i confided in about my fears concerning the things that Gerard told me… 

one day when we were visiting… and she looked really really young… she told me that she and i could be sisters…  i remember telling my mom.. because  i  thought it was a nice thought.. i had grown to admire her.. and like her friendship….  one time i remarked i had just gotten a pair of new shoes when i was on a trip with my sisters   to  stay at Karen  terry’s dad’s place in the keys…    cute little sling backs… mine were in black( the only color they had  left HA! )   and Micki had just gotten a pair in navy blue… so i guess when you think of people who are similar to you  with the dame taste and style and  are your friends.. its nice to think of  someone  like that as  your sister….what is even more bizarre is that in our THETA directory… there is now a Micki  Ziska…. .

but the odd thing i wanted to write about… was once when i went to go and visit her… her hands were different…  more like don kensig”s hands.. with arthritis  when she never had that before when i had visited her… so i am wondering if when i meet and befriend people…   can  the very selfish and criminal people who have lied abut me and fraudulently  tried to extract money from people  who were my friends…    I mean how far will the freak go to ruining lives. and friendships.. and using people  to extract money from  anyone i have ever known.?…   once again i hate criminals…. I hate fraud…

i was thnking of Micki when I saw a listing  for a 2002 black  BMW  sitting  on my mothers bedroom  dresser… if someoen has goe to the extent to get a duplicate car of mine.. would they also go to the extent to get a similar car like Micki’s? ….

Classification of Crimes


Under Florida’s criminal law, crimes are divided into
two major classifications: felony and misdemeanor.
A felony is generally defined as any crime punishable
by death or more than one year in prison. A misdemeanor
is any crime punishable by imprisonment for less than
one year. Felonies and misdemeanors are further divided
into different degrees, dictating the maximum level
of punishment. In addition, punishments vary depending
on whether a natural person or a corporation commits
the crime.

White collar crime is the most common type of business
crime. White collar crime is generally used to describe
crimes that have cheating or dishonesty as their common
basis. These crimes typically are committed by professionals
or entrepreneurs under cover of legitimate business
activity. Such crimes may be difficult to prosecute
because of their complexity. Often, they carry lesser
penalties because they are not associated with violence.
However, defendants convicted of white collar crimes
may incur enormous fines, be ordered to pay restitution,
lose professional or business licenses or spend time
in jail.
As a practical matter, it is impossible to describe
every activity that fits within the definition of white
collar crime, because white collar crime takes many
forms. Some criminal actions are prohibited by specific
laws narrowly drawn to outlaw a particular activity.
Other actions are not covered by specific laws but
instead are prosecuted under one or more catch-all
laws that criminalize dishonest behavior.






Conspiracy is the term for a broad category of crimes
involving multiple actors coming together to engage
in concerted criminal activity. A person or business
generally is guilty of conspiracy to commit a crime
if that person or business does one of the following:
*With the purpose of facilitating or promoting its commission,
agrees with another person or business to engage in
conduct that constitutes a crime or an attempt or solicitation
of a crime
*Agrees to aid another person or business in planning,
committing or attempting to solicit a crime
The agreement forming the basis for conspiracy need
not be written, oral or even explicit, but often is
inferred from the facts of the specific case. If the
parties meet and reach an understanding to work for
a common purpose, there is an agreement. For example,
if the producers of a particular product meet to exchange
information on prices and later they set identical
prices, a prosecutor may be able to prove they conspired
to set prices even though there was never an explicit
agreement to do so. Most criminal conspiracy statutes
also require that at least one of the parties has committed
an overt act in furtherance of the conspiracy.
A procedural issue of great importance to parties accused
of conspiracy is whether government prosecutors try
to frame the conspiracy as a hub-and-spoke conspiracy
or as a chain conspiracy. In a hub-and-spoke conspiracy,
many parties (the spokes) conspire with one person
(the hub) but not with other defendants. In contrast
to a hub-and-spoke conspiracy, a chain conspiracy involves
several parties as links in one long criminal chain.
Defendants in chain conspiracies are responsible for
the actions of all participants in the chain, even
if they never met some of the other participants in
the chain.
Specific federal anticonspiracy statutes are found throughout
the United States Code. Florida statutes also contain
anticonspiracy laws. In recent years, a growing number
of white collar criminal prosecutions have included
allegations of conspiracy.

Fraud


Fraud is intentionally lying in order to induce someone
into relying on the lie to part with something of value.
Like embezzlement, fraud can be either complex or simple.
The federal government has three general antifraud
statutes for mail fraud, bank fraud and wire fraud.
Mail fraud is a broad crime with two elements: 1) a
scheme, devised and intended to obtain property or
money by fraudulent means, and 2) using the mail in
furtherance of that fraudulent scheme. The “scheme
to defraud” element of mail fraud is deliberately
broad. It encompasses a wide variety of criminal activity,
including credit card fraud, securities fraud, medical
drug fraud and fraud based on political malfeasance.
Because the mail fraud statute uses such broad language
and because it is relatively easy to prove, mail fraud
is one of the most common charges brought by federal
prosecutors. Charges of mail fraud frequently are made
even in cases in which more specific crimes have been
charged.
The federal wire fraud statute is similar to the mail
fraud statute, but requires an interstate or foreign
transmittal of a communication by wire, radio or television.
This interstate requirement sets wire fraud apart from
mail fraud. An intrastate mailing is sufficient to
trigger liability for mail fraud, while an intrastate
wire, radio or television communication is insufficient
for wire fraud liability.
The federal bank fraud statute criminalizes the conduct
of any party who “knowingly executes, or attempts
to execute, a scheme or artifice to defraud a financial
institution, by means of false or fraudulent pretenses,
representations or promises.” The federal bank
fraud statute is newer than the mail fraud and wire
fraud statutes, so it has not received a great deal
of interpretation in the courts. Because its language
is so similar to that used in the mail and wire fraud
statutes, however, it is expected to be broadly applied
and interpreted.

Florida  White Collar Criminal Defense

• White Collar Criminal Defense
  • Criminal Liability of a Corporation
  • Criminal Liability of a Corporate Officer or Agent
  • Classification of Crimes
  • White Collar Crime
    • Antitrust
    • Bribery and Extortion
    • Computer Crime
    • Conspiracy
    • Embezzlement S2
    • Fraud
    • Hobbs Act
    • Obstruction of Justice
    • Perjury
    • Securities Fraud and Insider Trading
    • Travel Act
  • Avoiding White Collar Criminal Liability
  • Resources

White Collar Criminal Defense

Reviewed and edited by Leading Florida Attorney E.
C. Deeno Kitchen at the law firm of Kitchen Judkins
Simpson & High
Business owners need to be increasingly aware of how
they might run afoul of criminal laws in the operation
of their businesses. Newspapers today are so full of
reports of corporate criminal investigations and prosecutions
that most business owners do not even realize that
business entities were once thought to be incapable
of committing crimes. Under the common law, corporations
were considered artificial constructs without minds
of their own, incapable of forming the intent necessary
to be guilty of crimes. All this has changed. During
the last two decades, the federal and state governments
have increased the number of criminal investigations
of businesses and the people who run them. High-profile
prosecutions of large corporations have caught the
attention of the press and the public.
Today, business owners and corporate executives should
have a basic understanding of how criminal laws can
impact their businesses. This chapter is designed to
acquaint the reader with criminal statutes that most
affect businesses and the steps businesses can take
to avoid criminal liability. It outlines the fundamentals
of corporate criminal law, such as the elements of
a crime and some of the different types of corporate
felonies and white collar crime.

As mentioned earlier, corporations were once thought
to be incapable of forming the intent necessary to
commit crimes. This attitude now has been erased and
corporations have even been found guilty of crimes
requiring specific intent. A corporation may be prosecuted
for any crime other than a crime that is only committed
by a natural person, such as bigamy or rape. The law
recognizes that corporations may be reckless and may
commit crimes requiring specific intent. For a corporation
to be responsible, the action usually must be committed
by an agenta director, employee or officer authorized
to act on behalf of the corporationacting in the scope
of employment. The corporation may also be held responsible
for its part in a conspiracy.

In addition to the corporation’s liability, corporate
officers and agents may be found personally liable
for their criminal conduct. Some businesspersons mistakenly
believe that criminal liability is an “either/or”
proposition. That is, they believe that if their actions
subject the business to criminal liability, they will
be free of personal liability. This belief is incorrect,
however, because many criminal statutes allow prosecutors
to prosecute both the business and the individuals
who run it. Individual and corporate liability are
cumulative, not exclusive.
Participation in business criminal activity does not,
by itself, make a person criminally liable. Usually
the prosecution must show that the participating officer
or agent consciously promoted or at least knew about
the illicit act. Ordering a subordinate to commit a
crime or silently acquiescing to another’s commission
of a crime will make most officers or agents personally
liable for the crime. Some officers within a corporation
have even been held responsible for criminal activity
of which they were unaware because they had an obligation
to ensure compliance with the law or to detect and
prevent violations of criminal regulations. The law
does not look kindly on corporate officers who claim
to have been asleep at the helm while their subordinates
were engaging in criminal activity. Especially in the
context of environmental regulations, with their substantial
penalties, the defenses, “I did not know”
and “I was not aware” are insufficient if
the court or jury believes the officer should have
known or had an obligation to be aware of what was
happening in the company.

Under Florida’s criminal law, crimes are divided into
two major classifications: felony and misdemeanor.
A felony is generally defined as any crime punishable
by death or more than one year in prison. A misdemeanor
is any crime punishable by imprisonment for less than
one year. Felonies and misdemeanors are further divided
into different degrees, dictating the maximum level
of punishment. In addition, punishments vary depending
on whether a natural person or a corporation commits
the crime.

White collar crime is the most common type of business
crime. White collar crime is generally used to describe
crimes that have cheating or dishonesty as their common
basis. These crimes typically are committed by professionals
or entrepreneurs under cover of legitimate business
activity. Such crimes may be difficult to prosecute
because of their complexity. Often, they carry lesser
penalties because they are not associated with violence.
However, defendants convicted of white collar crimes
may incur enormous fines, be ordered to pay restitution,
lose professional or business licenses or spend time
in jail.
As a practical matter, it is impossible to describe
every activity that fits within the definition of white
collar crime, because white collar crime takes many
forms. Some criminal actions are prohibited by specific
laws narrowly drawn to outlaw a particular activity.
Other actions are not covered by specific laws but
instead are prosecuted under one or more catch-all
laws that criminalize dishonest behavior.






Conspiracy is the term for a broad category of crimes
involving multiple actors coming together to engage
in concerted criminal activity. A person or business
generally is guilty of conspiracy to commit a crime
if that person or business does one of the following:
*With the purpose of facilitating or promoting its commission,
agrees with another person or business to engage in
conduct that constitutes a crime or an attempt or solicitation
of a crime
*Agrees to aid another person or business in planning,
committing or attempting to solicit a crime
The agreement forming the basis for conspiracy need
not be written, oral or even explicit, but often is
inferred from the facts of the specific case. If the
parties meet and reach an understanding to work for
a common purpose, there is an agreement. For example,
if the producers of a particular product meet to exchange
information on prices and later they set identical
prices, a prosecutor may be able to prove they conspired
to set prices even though there was never an explicit
agreement to do so. Most criminal conspiracy statutes
also require that at least one of the parties has committed
an overt act in furtherance of the conspiracy.
A procedural issue of great importance to parties accused
of conspiracy is whether government prosecutors try
to frame the conspiracy as a hub-and-spoke conspiracy
or as a chain conspiracy. In a hub-and-spoke conspiracy,
many parties (the spokes) conspire with one person
(the hub) but not with other defendants. In contrast
to a hub-and-spoke conspiracy, a chain conspiracy involves
several parties as links in one long criminal chain.
Defendants in chain conspiracies are responsible for
the actions of all participants in the chain, even
if they never met some of the other participants in
the chain.
Specific federal anticonspiracy statutes are found throughout
the United States Code. Florida statutes also contain
anticonspiracy laws. In recent years, a growing number
of white collar criminal prosecutions have included
allegations of conspiracy.

Fraud


Fraud is intentionally lying in order to induce someone
into relying on the lie to part with something of value.
Like embezzlement, fraud can be either complex or simple.
The federal government has three general antifraud
statutes for mail fraud, bank fraud and wire fraud.
Mail fraud is a broad crime with two elements: 1) a
scheme, devised and intended to obtain property or
money by fraudulent means, and 2) using the mail in
furtherance of that fraudulent scheme. The “scheme
to defraud” element of mail fraud is deliberately
broad. It encompasses a wide variety of criminal activity,
including credit card fraud, securities fraud, medical
drug fraud and fraud based on political malfeasance.
Because the mail fraud statute uses such broad language
and because it is relatively easy to prove, mail fraud
is one of the most common charges brought by federal
prosecutors. Charges of mail fraud frequently are made
even in cases in which more specific crimes have been
charged.
The federal wire fraud statute is similar to the mail
fraud statute, but requires an interstate or foreign
transmittal of a communication by wire, radio or television.
This interstate requirement sets wire fraud apart from
mail fraud. An intrastate mailing is sufficient to
trigger liability for mail fraud, while an intrastate
wire, radio or television communication is insufficient
for wire fraud liability.
The federal bank fraud statute criminalizes the conduct
of any party who “knowingly executes, or attempts
to execute, a scheme or artifice to defraud a financial
institution, by means of false or fraudulent pretenses,
representations or promises.” The federal bank
fraud statute is newer than the mail fraud and wire
fraud statutes, so it has not received a great deal
of interpretation in the courts. Because its language
is so similar to that used in the mail and wire fraud
statutes, however, it is expected to be broadly applied
and interpreted.