Coercion in Federal Code?

#1 02-23-2004, 05:21 PM

Hello,

Today I was contacted by a US Customs agent and informed that they have a summons to serve on me. They want my testimony against a defendant I once had business dealings with.

I told the agent that I had problems giving testimony, as I knew what the questions would be. If I answered their questions I would be waiving my Right not to incriminate myself, among other issues which I will not get into at this time.

The agent was not to happy, and proceeded to threaten me with action that would be taken if I refused to testify, and told me that the conversation was being recorded.

I thanked the agent for making a record of our conversation, and stated: For the record, I am not refusing to cooperate or testify, but I reserve ALL my rights at this time.

This agent now has a little problem - when the threat was made, I realized immediately that the action threatened could NOT BE LEGALLY TAKEN. I immediately informed the agent of this fact, and after stammering a bit, the agent admitted my allegation to be truthful.

So, my question is this: Does that not fall under the legal definition of "COERCION"? And if so, where is the federal law regarding coercion, or would it be better to pursue crimminal action on a state level, should I choose to pursue this issue?

Thanks!
T

Ice · #2 02-23-2004, 08:20 PM

hmmm, it seems that someone was threatening you... yep!& That was definitely coercion.

Whether or not you pursue this is really a question of whether or not you wish to engage in this "battle"... or "skirmish"... (I guess it all depends on how you look at it)... do you really want to put the time and effort into this one?... and maybe risk even more harassment??

There may be a few violations that occurred there... but we'll have to rely on the members to inform us as to what they are.

&

#3 02-23-2004, 09:27 PM

What I do really depends upon the governments actions. I will give a bit more details on the situation to futher explain what is going on:

In 2001 I pled guilty to a federal charge based on the advise of INCOMPETENT counsel. I was barely of age at the time, and was certianly unaware of my Rights, so they were completely trampled. Allthough I cooperated with the government in their investigation, I was given a& 14 month sentence&in club fed,&lost the house and automobile&I owned outright,&and a&quarter million in restitution judgement was entered against me.

After the government was done with me, they decided there was more money to be made so they went after fellow&up north that I did business with. They subpeoned me about 6 months ago for a grand jury hearing. At this time I was not confident enough to tell them where to go, so I complied and gave testimony, against my better judgement.

Now this fellow is going to trial in federal court, and they think they can strong-arm me into giving testimony again. You can see from the first post that they resorted to coercion in our very first conversation! Who knows what they will resort to...

My point is, I have told them that I do not mind testifying to certian facts, but I will not do so without the following assurances in writing from a duly authorized agent of the U.S. government:

1) That any testimony I give cannot be used against me in the event that I appeal my case. (remember, I had incompetent counsel)
2) That my term of "supervised release" be terminated, and the huge restitution ordered by the court be voided.

I choose to look at this&as nothing more than a business transaction with a corporation... I hope this does not offend anyone here.

I simply want to find the correct US code title/chapter to quote on the coercion charge against the agent should they decide to play hardball. Their actions alone will determine whether I choose to pursue crimminal charges, I would rather they cooperate so I can move on and put this behind me.

This very same agent also guilty of violating USC 18 Sec. 2234 (Authority Exceeded in Executing Warrant). When they searched my home back in 2001, the agent exceeded the authority granted in the search warrant by taking vaious items not specified within the warrant. I believe this went on the court record at my arraignment, and the US attorney took the agent out of the room for a toungue lashing. Had I known then what I known today I would have gone staight home and written up a crimminal complaint against that agent.

But I would like to find the correct code for the coercion charge. I need that bargaining power.

Thanks!
T

#4 02-26-2004, 05:44 PM

Ha! I found an applicable charge for that threat against me:

U.S.C 18, Sec. 1512. - Tampering with a witness, victim, or an informant

Whoever knowingly uses intimidation or physical force, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to -

(1) influence, delay, or prevent the testimony of any person in an official proceeding;

The intent was definately to influence my testimony!

T

Ice · #5 02-26-2004, 05:47 PM

Right on!& Got something to work with... dontcha?!

&

#6 02-26-2004, 05:59 PM

Precisely, I now have, at the very least, the bargaining power I wanted for the sit-down with the US attorney.

Of course after I inform him of these crimes committed against me by agents of the government, I will ask him if he is familiar with USC 18 Sec 4, Misprison of Felony.

I hope some of these things will help to capture his attention. We shall see...

T

Jerseee · #7 02-27-2004, 01:57 AM

Tony,

Wait a minute. Do not be so fast. Do you have a copy of the recorded conversation? Also, you should look up any federal and/or state annotated statute that addresses this particular issue.

Without a copy of that recording, your case appears to be empty, frivilous and/or without merit.

But like Ice said, is the battle worth your time?

good luck

#8 02-27-2004, 02:23 AM

Jersee,

I am not doing anything, filing any charges, etc.&There is no benifit in that for me right now.&It can only&help me&to perform my&research and be prepared to present the results if I feel that would benifit my standing. I at least want to educate myself on the exact nature of these crimes against me.

Do you think if I call up the agent and ask for a copy of the recording they will simply comply? If not, what would my options be to get a copy?

Thanks,
T

#9 02-27-2004, 07:42 AM

T
You have found another one! There are several statutes written like U.S.C 18, Sec. 1512. Notice to whom it applies. Compare 18 USC Section 241, 242.
You should be able to get the tape via FOIA.
No, you write the agreement. Then as you hold it out for the Society Of Birdwatcher to sign, you say, “Not yet. I want a certified copy of your delegation order authorizing you to sign this.” That delegation order would likely have to come from the attorney general.
Jim

Jerseee · #10 02-27-2004, 09:01 AM

Jim took the words right out of my mouth.....FOIA.

The forms to do a FOIA can be found online.