Wednesday, December 12, 2007

Is there a 3 strikes you're out policy for the Connecticut Judicial Branch?

[click here] for a post on the Cheshire Connecticut Home Invasion and Connecticut State Police running a prostitution protection racket.

UST Manual Volume 5: Chapter 5-9: Other Bankruptcy Related Crimes

5-9.1 MISPRISION OF A FELONY, 18 U.S.C. ยง 4
"Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and, does not, as soon as possible, make known the same to some judge or other person in civil or military authority under the United States, shall be fined not more that $500 or imprisoned not more than three years, or both."

5-9.3.2 Conspiracy to Violate Laws of the United States

The second part of this statute covers any agreement between at least two people to violate any law of the United States, followed by at least one overt act to accomplish that violation. It is not necessary that the actual substantive violation be completed or that the overt act itself be illegal. An agreement to violate state law is not covered by this statute. Conspiracy charges often may be combined with substantive violations that are completed because of favorable rules of evidence. It also will allow a conviction in some cases even though the jury finds the defendant did not complete the substantive act charged.

5-9.3.1 Conspiracy to Defraud the United States

Where two or more individuals agree to defraud the United States or any agency thereof, and then do at least one overt act in furtherance of that agreement, the crime of conspiracy is completed. There is no requirement that the actual fraud be accomplished. Interference or obstruction of a legitimate government function is a violation, just as is a scheme to obtain government property or money by fraud.

This section is useful when more than one defendant is involved and the scheme is not fully carried out. Because of favorable rules of evidence in conspiracy cases, the United States Attorney often uses this statute.


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