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Case CIVMSC09-03517 - DAVE WOODS VS. CHECUTI & ASSOCIATES, INC


Small World - I'll explain later now - 





Please see Katz vs. Town of Danville

Case CIVMSC09-03517 - DAVE WOODS VS. CHECUTI & ASSOCIATES, INC. 
Complaint Number:1
Complaint Type:COMPLAINT
Filing Date:12/21/2009
Complaint Status:ACTIVE
Party NumberParty TypeParty NameAttorneyParty Status
PLAINTIFF DAVE WOODS  IBARRA, CRISOSTOMO G First Paper Fee Paid 
PLAINTIFF SUSAN WOODS  IBARRA, CRISOSTOMO G First Paper Fee Paid 
MEDIATOR/EVALUATOR CASE MEDIATOR  ZEBRACK, JOEL  
DEFENDANT CHECUTI & ASSOCIATES, INC Pro Per PARTY REMOVED 01/13/2011 
DEFENDANT BENNY CHETCUTI, JR.  Pro Per PARTY REMOVED 01/12/2011 
DEFENDANT BKCM ENTERPRISES INC Unrepresented DEFAULTED 01/19/2012 
DEFENDANT JOMORSON PROPERTIES INC Unrepresented DEFAULTED 01/19/2012 
DEFENDANT 55-63A WOODWARD STREET PARTNERS INC Unrepresented DEFAULTED 01/19/2012 
DEFENDANT JOHN SIMONSE  NOLL, CHERYL A Served 12/19/2011 
10 DEFENDANT MAGNATE FUND#1 LLC NOLL, CHERYL A 
11 DEFENDANT MAGNATE FUND #2 LLC NOLL, CHERYL A 
12 DEFENDANT MAGNATE FUND #3 LLC NOLL, CHERYL A 
13 DEFENDANT JWS CAPITAL MANAGEMENT INC NOLL, CHERYL A 
14 DEFENDANT LHJS INVESTMENTS Unrepresented PARTY REMOVED 02/01/2012 
15 DEFENDANT 27TH STREET ASSOCIATES LLC NOLL, CHERYL A 
16 DEFENDANT SOUTH VAN NESS ASSOCIATES LLC NOLL, CHERYL A 
17 DEFENDANT 25-29 WOODWARD STREET PARTNERSLP Unrepresented DEFAULTED 01/19/2012 
18 DEFENDANT 19-23 WOODWARD STREET PARTNERSLP Unrepresented DEFAULTED 01/19/2012 
19 DEFENDANT 54-56B WOODWARD STREET PARTNERS LP Unrepresented DEFAULTED 01/19/2012 
20 DEFENDANT 76-80 WOODWARD STREET PARTNERSLP Unrepresented DEFAULTED 01/19/2012 
21 DEFENDANT 20 PARKRIDGE LLC NOLL, CHERYL A Served 12/19/2011 
22 DEFENDANT 55 WOODWARD LLC NOLL, CHERYL A Answer 11/30/2012 
23 DEFENDANT KIMBERLY CHETCUTI  Pro Per Answer 11/23/2011 
24 DEFENDANT BENNY CHETCUTI, JR  Pro Per Answer 11/23/2011 
25 DEFENDANT LHJS INVESTMENTS LLC NOLL, CHERYL A 
26 DEFENDANT ROSE MARIE  Unrepresented Serve Required (WaitS) 
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NM man jailed in solitary agrees to $15.5M settlement

This case was bad and Marina's case is just as bad.  Jailed for Jay Walking for 62 days.

http://news.msn.com/us/nm-man-jailed-in-solitary-agrees-to-dollar155m-settlement

I think is close second -

http://contracostawatch.blogspot.com/2013/03/research-cases.html

Between 2004 and 2011 my business was relentlessly targeted by CNET operatives, my work has been repeatedly impacted and it's clear the badge flashers called my employers.  I've been reading RICO case law



NM man jailed in solitary agrees to $15.5M settlement

Dona Ana County Photo. Former inmate gets $15M: Stephen Slevin at the time of his arrest, left, and after nearly two years in jail.  



 Former inmate gets $15M: Stephen Slevin at the time of his arrest, left, and after nearly two years in jail. IMAGE Stephen Slevin, who spent almost two years in solitary confinement in a New Mexico jail without proper medical care or a trial, has agreed to settle with the county that incarcerated him.
Time is finally money for Stephen Slevin. The 59-year-old man, thrown in solitary confinement at a New Mexico jail for 22 months without receiving a hearing or adequate medical care, agreed Wednesday to settle with Dona Ana County for $15.5 million in damages, according to the Santa Fe Reporter.

Slevin was awarded $22 million in January 2012 for the time he spent in seclusion, but the county appealed the decision and refused to pay, arguing the amount was excessive. A mediator helped the two sides reach an agreement. Slevin will receive the first $6 million this week from the New Mexico Association of Counties. According to the Reporter, the rest of the award will come from cash reserves, which taxpayers will have to pay for.

"It has been a long and hard fight to bring Mr. Slevin justice," Matthew Coyte, Slevin's attorney, told the Reporter. "This settlement, although very large, does not give back to Mr. Slevin what was taken from him, but if it prevents others from enduring the pain and suffering he was subjected to, then the fight has been worthwhile."

Former inmate awarded $15.5 million settlement after two years in solitary


Duration: 1:30 Views: 971 US
After being released in 2008, Slevin, scraggly-haired, emaciated and in poor mental health, sued the Dona Ana county commission, the detention center, the jail director and former medical director for denying him due process and access to medical care.

Slevin was arrested in August 2005 on charges of DWI and receiving a stolen vehicle, though he maintained the car was given to him by a friend. At the time of his arrest, Slevin was battling depression and was attempting to leave Las Cruces, N.M.
In jail, officers believed he was suicidal, so they threw him in a padded cell for three days, Coyte told NBC News. Slevin received a medical examination during that period, but for the rest of his 22 months in jail  — much of which he spent in solitary confinement, in a cell without natural light — he was not allowed to see a doctor, even after telling a prison nurse in letters that his depression was worsening and he needed treatment for other health issues.
According to Coyte, Slevin was forced to remove his own tooth because prison officials would not allow him to see a dentist. He also developed skin fungus and bed sores because he was deprived of showers, according to court documents. His toe nails grew so long that they curled around his foot.
Slevin spent two weeks in a mental health facility in 2007 for psychiatric review, court documents said.  His health improved there, but he was sent back to solitary confinement until his release.
Charges were finally dropped against Slevin when he was deemed unfit to participate in his own defense. Coyte says his client was let go only because his sister had started calling county officials and legislators asking about his condition.
At the time of release, Dona Ana County officials refused to comment on allegations that Slevin was mistreated and his civil rights were violated. Today, the jail says it has improved inmate access to mental health care by doubling its medical budget since 2005, devoting multiple wings to mental health services and breaking ground on a crisis triage center. No jail employees were fired regarding the incident.
Slevin is currently battling lung cancer, which is unrelated to his incarceration. He already has exceeded doctors' expectations of how long he will live.
——
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Obit:David Kristopher Schafer - RoundUp Bouncer

David Kristopher Schafer

David Kristopher Schafer April 8, 1990 - August 2, 2012 Oakland, CA David Kristopher Schafer, age 22, died in a tragic motorcycle accident on Highway 24 in Orinda, CA. He is survived by his loving mother, Kristina (Tina) Fort of Oakland; devoted father and stepmother, Rudi and Kimberly Schafer of Oakland; paternal grandmother Hildegard Schafer of San Leandro; maternal grandmother Inez Fort of Oakland and many adoring aunts, uncles and cousins. In addition to family members, David leaves behind many close, loving friends who will miss him dearly. David graduated from Calaveras High School in June, 2008. During high school, he participated in Future Farmers of America and volunteered for the West Point Volunteer Fire Department and Rescue Squad. After high school, David worked for his father, Rudi Schafer, at his construction company Schafer Construct-ion/Times Up Termite where he proved to be a skilled carpenter. From age 12, David volunteered for Christmas in April/Rebuilding Together, and later joined BAYEAST and PCOC. David lived at his grandmother's property in the Oakland Hills, where he constantly contributed to the significant work load and cared for the animals. David became a skilled welder, automotive mechanic and fixer of all things! David left us all too soon. His infectious smile, abundant energy and belief in the good we all possess was an inspiration. He chose a path of happiness and would want all his loved ones to follow suit. In honor of David, seek peace, happiness and forgiveness for yourself and your loved ones. In lieu of flowers, please send donations to David K. Schafer Memorial, write check to Rudi Schafer, 849 Wallavista Ave Oakland CA 94610. A foundation is being formed to honor David's memory that will support kids who find school challenging obtain access to trade skills as they launch into adulthood. A memorial service will be held on Friday, August 17 @ 1pm at the Chapel of Chimes 4499 Piedmont Avenue Oakland, CA.
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Obit: David Kristopher Schafer - RoundUp Bouncer

David Kristopher Schafer

David Kristopher Schafer April 8, 1990 - August 2, 2012 Oakland, CA David Kristopher Schafer, age 22, died in a tragic motorcycle accident on Highway 24 in Orinda, CA. He is survived by his loving mother, Kristina (Tina) Fort of Oakland; devoted father and stepmother, Rudi and Kimberly Schafer of Oakland; paternal grandmother Hildegard Schafer of San Leandro; maternal grandmother Inez Fort of Oakland and many adoring aunts, uncles and cousins. In addition to family members, David leaves behind many close, loving friends who will miss him dearly. David graduated from Calaveras High School in June, 2008. During high school, he participated in Future Farmers of America and volunteered for the West Point Volunteer Fire Department and Rescue Squad. After high school, David worked for his father, Rudi Schafer, at his construction company Schafer Construct-ion/Times Up Termite where he proved to be a skilled carpenter. From age 12, David volunteered for Christmas in April/Rebuilding Together, and later joined BAYEAST and PCOC. David lived at his grandmother's property in the Oakland Hills, where he constantly contributed to the significant work load and cared for the animals. David became a skilled welder, automotive mechanic and fixer of all things! David left us all too soon. His infectious smile, abundant energy and belief in the good we all possess was an inspiration. He chose a path of happiness and would want all his loved ones to follow suit. In honor of David, seek peace, happiness and forgiveness for yourself and your loved ones. In lieu of flowers, please send donations to David K. Schafer Memorial, write check to Rudi Schafer, 849 Wallavista Ave Oakland CA 94610. A foundation is being formed to honor David's memory that will support kids who find school challenging obtain access to trade skills as they launch into adulthood. A memorial service will be held on Friday, August 17 @ 1pm at the Chapel of Chimes 4499 Piedmont Avenue Oakland, CA.
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Obit: Ian Lota Scott Karoake KJ from Dallimonti's

Ian Lota Scott

Ian Lota Scott Resident of Benicia Sept. 14, 1966 Sept. 13, 2011 Ian Scott, 44 of Benicia, CA died on September 13, 2011 of natural causes in Las Vegas, NV. He was born on September 14, 1966 in San Francisco, CA to Michael and Izetta Scott of Benicia, CA. Ian is survived by his parents, his brother Dwayne and Dwayne's wife Lanie, his sister Michela Scott, his niece April Scott and nephew Jayson Scott. He was a wonderful, thoughtful and supportive son, brother and uncle to us all. His presence will be greatly missed. Ian has touched so many lives with his spirit and many talents. Ian in his middle school years was an altar boy at St. Dominic's Church in Benicia. While attending Benicia High School, Ian was a member of the marching and jazz band as a drum player. He was also a cadet in his teenage years. Ian graduated from Benicia High School and went on to extend his education at CSU Sacramento. Ian graduated from CSU East Bay with a B.A. degree in Sociology. He worked at the Contra Costa Times and ran a side business as a DJ doing karaoke. He spent most of his Friday nights working at Dallimonti's in Pleasant Hill providing entertainment through his singing. Ian enjoyed the company of his friends and family, he believed in living life to the fullest. He loved to sing and play pool but was most happy when he was able to make people smile. He is described by his friends and family as warm, kind and gentle soul with a soothing voice. He was always encouraging, generous, fun-loving with compassion for everyone no matter how brief their encounter in his life might have been. He will continue to be the angel in heaven as he was to so many here on earth. We are all blessed Ian was a part of our lives and will be missed dearly by all. Family and friends are invited to the Visitation on Thursday, Sept. 22 from 12 - 7 p.m., with a Vigil Service at 7 p.m., at Passalacqua Funeral Chapel, 901 West 2nd St., Benicia. Mass of Christian Burial willl be held at 12 Noon on Friday, Sept. 23 at Saint Dominic's Church, 475 East I Street, Benicia, CA 94510. Burial will follow in St. Dominic's Cemetery, Benicia. Following the services, a reception will be held at the Scott's Residence. Passalacqua Funeral Chapel 707-745-3130 www.passalacquafuneralchapel.com
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Obit: Gary Vinson Collins Danville Building Inspector

This person fell and then died from his injuries weeks after he was linked to CNET, Stephen Tanabe, Chris Butler, Lombardi, and Commander Norman Wielsch.  You can read my opinion about CNET Scandal and perhaps see what's obvious to many residents.

Gary Collins ten years later surfaces being connected to Hillside Covenant Church


Gary Vinson Collins

11/27/68 - 12/19/11 Resident of San Ramon Gary age 43 passed away in Stanford Medical Center as a result of complications resulting from injuries he sustained in a workplace accident. Gary born to Don & Mary Ann Collins grew up in Pleasant Hill and attended Acalanes High School. He spent many years helping his father Don Collins build their family businesses Lafayette Big O Tires and Oakdale Big O Tires. He later moved on to a successful career as a city building inspector. He was well known for his enthusiasm for life with his family and generosity as a loving caring friend. He is survived by his wife and soul-mate Renee Collins and his loving sons Justin 16 and Garrett 10, and his father Don Collins of Pleasant Hill. A Celebration of his life will be held at 4:00 pm January 4th at The Church on The Hill 20801 San Ramon Valley Blvd. San Ramon. A reception will be held for the family immediately following. In lieu of flowers, donations to the children's education fund can be made to CollegeAmerica, account number 73332486. Please mail contributions to American Funds P.O. Box 6164 Indianapolis, IN 46206-5154.

Published in Contra Costa Times on January 1, 2012
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Obituaries

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Research Cases

Case FLMSD95-06745 - MARK EVANS VS MARINA EVANS

Pay close attention to the Ex-parte hearing, the certified mail and allegations that the respondent couldn't be found.  

Perhaps the Contra Costa Bar would provide a Pro Bono attorney who could file a motion to overturn the entire hearing as the respondent was in the Family Law Holding cell - yep according to her statements was right there the whole time.  

She's released after 61 days for Jay Walking then rearrested for violating a restraining order issued in the courtroom where she was supposed to appear.    

Several months later she awakens from a Coma after being beaten while trying a room to rent, the address was fake, the room was fake 

 .... do you think she might be deserving of a Pro Bono  attorney?  

Call the Contra Costa Bar to see if they'll deliver an advocate for a homeless mom who lost the house, the car, every asset acquired during the marriage and was clearly denied due process.  

Man awarded 22 Million for being jailed for two years?

Look folks there is money for the money hungry bar members.  

I doubt it as the Bar is not that impartial entity.  

In 2004 they stated that no attorney would be willing take on any city and told me to just call.  

Any claim against Contra Costa County, Walnut Creek, Lafayette, Pleasant Hill and Danville (plus more) would be difficult, that jury awards in Contra Costa were very low.

The CNET umbrella spans nearly every agency in the county and trust me I know Butler, Tanabe (my former neighbor), Lombardi (coin thief), and Wielsch who are probably friends with a guy named Albert who's in a heap of trouble.  It doesn't stop there either and there are many more characters spanning decades.  

In 2006 the attorney retained to go after Danville was beaten up in Walnut Creek, he quickly dropped representation just a few months before my statue of limitations was to be filed.  

You won't find the attorney as he moved away. 

The Contra Costa Bar should be VERY concerned about my allegations - their answer was go to the State Bar.  

Does anyone really get what went on?  

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Watch This: This almost happened to me on 680



ALAMO CA:

Date: Mid-August 2004

Location: Northbound 680

Responding Agencies: San Ramon Fire and California Highway Patrol

Event: Arson Fire of F-250 Truck where mechanic said he was right behind me. The owner is a Mormon from Alamo 1st who repaired the truck. He's got Pete Amnesia, can't remember the fire, can't remember the name of the mechanic, can't remember anything and wasn't too interested in hearing about my sons or the fire. The sad part is my ex-wife who has custody knows about this fire and she knows everyone at the this ward.




Alamo 1st Ward Bishop's Office

2949 Stone Valley Rd. A

Alamo CA




925-837-2629








Suspect: Mechanic

Gregs Muffler


Address: 3329 Mt Diablo Blvd, Lafayette, CA 94549


Phone:(925) 283-0323


This mechanic stated he was behind my truck and witnessed flames shooting back over 100 feet, he watched firetrucks arrive, he saw CHP who didn't think it was arson - even though flames were shooting back over 100's feet it wasn't good enough, then I thought I was lucky, now I'm screaming foul as weeks later





Danville Building Inspector Attacks and nearly kills resident - you didn't know about it did you




Apparently Mr. Collins had dual jobs and worked across the street? At Greg's muffler, Greg is a Danville Mormon, he can't remember the mechanics name, nor can he say much about Gary Collins. I'm sure that Collins attended PHE, knows Lynds, knows the mechanic, knows Greg, and they all know the Danville Town Council, many live walking distance to Tanabe's house who knows officer Jason Nunn, who's brother was killed with BART Officer Craig Wilson who knows several other now deceased BART officers, who know me, and they seem to know people near the Piedmont Lumber Family, they know investigators on the Vitale case, who lived down the road from Wild Wood Acres where this Photographer person is as suspect in my July 20th 2011 hit and run who happens to be friends with members of the Danville Council whose peer died from a bacterial infection which nearly killed me in 2005.




We all know Tanabe, and Butler walked into my house days after the 2004 Danville assault connected to the Danville mom spent 100K fighting charges from Hayward that she had attempted to hire a hit man, whose husband won one of the few large jury awards but one of the deceased BART officers was about to come forward as a whistle blower in his new job at an important agency.



http://contracostawatch.blogspot.com/2012/12/danville-building-inspector-gary-vinson.html?q=Collins









RICO - the best part about operating alone - is it only takes two to make a RICO Conspiracy






Also, violations of state law which constitute “racketeering activity” under the federal RICO Act must be punishable by imprisonment for more than one year.  The offenses falling under this category include murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, and dealing in narcotic or other dangerous drugs[ii].  Courts have held that the list of state law crimes that can constitute “racketeering activity” under RICO is exclusive[iii].
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August 3rd 2012 Contra Costa Council of Mayors

On August 3rd I attended the Contra Costa Council of Mayors

In attendance was State Senator Mark DeSaulenier, Supervisor Andersen, San Pablo City Councilmember Paul Morris who was attacked weeks earlier.  

During that meeting I took the podium but others waited to take my turn to speak.  The presiding authority was the man with the gavel.  I barely had seconds to speak when the gavel came down but you  could sense right away my free speech was being suppressed.  I even spoke at the Walnut Creek Council Meeting on November 1st 2011 where a near identical event occurred.

The gavel slammer was Danville Mayor Newell Arnerich who was the current chair.  His words were that's not appropriate for this forum but my retort was I have incidents in half these cities so where else can I express my free speech?  There were more course words but I held my ground.  My key theme was someone has been trying to take me out and that my friends were being killed, dying or murdered.

Well Mr. Arnerich it happened again as the following week I returned to Wednesday Karaoke at the Round Up where I learned the very person I know and was talking with was killed.

I know it's coincidence just like the others but please check "The Dead Friends List"

http://www.legacy.com/obituaries/insidebayarea/obituary.aspx?pid=159184809#fbLoggedOut


http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=8733271
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"The Dead Friends List" Updated far too often

"The Dead and Victims Friends List" 

Updated far too often


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Tires and Fires and ABS Systems

It took nearly eight years, one obituary, re-visiting Greg Coons the good Mormon who owns Greg's Mufflers for this connection surface but had my litigation gone forward the CNET Scandal would have been uncovered but to understand what happened you must read - Winning the CNET way - just beat up the attorney.
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You took my sons and the results are in

Son: W Bennett
Age: 17
Grades Near Perfect

Son: C Bennett
Age: 14
Grades: From A's to F'

On July 7th 2011 I was arrested for child support PC270 out of Butte County.  Now I handled this wrong always thinking I could get caught up.  I've gone too DCSS in Martinez only to be endlessly jacked around by staff.  I lost my van over their failures which a an $8,000 loss when the internal resources just decided not to process my job offer letter.  Lost the van and lost the job.

So in 2007 the San Ramon Unified School District got involved and concealed that my sons were leaving the area but had a going away party.  Judge Golub's brother even helped with the party knowing that I'd lose custody but that's also interference with court orders and if anyone should know it would be an attorney as they are not supposed to do that.

The lawsuit against Gary Vinson Collins would have the CNET operation, that certain members of the Danville have known for years about Collins.  If they were lied to then they need to contact the correct agency.

That court order on child support is now an impossible losing battle as I've lost everything, getting hired impossible, I've sought help from Martinez DCSS as they won't help. The misery marches on and you can read see one son has cratered.  I suppose the San Ramon Unified District who interfered at many levels doesn't have much to say but they were quick to file restraining orders even though they conceal my children it was kidnapping, interference with court order but who cares but that also occurred during the Andrew Mantas event.  My personal opinion is he was given psychedelic which is my same suspicion with Chris Lacey as all programmers just freak out.

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Doyle, Grossman and Golde.

Divorce Attorneys
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Attorney Richard Grossman

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Hillside Covenant Church - Their role in the cover up

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Singing To Survive In the Tenderloin

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PG&E Offers $10,000 Reward In Walnut Creek Kidnapping And Robbery Case


PG&E Offers $10,000 Reward In Walnut Creek Kidnapping And Robbery Case

Release Date: November 20, 2012
Contact: PG&E External Communications (415) 973-5930
WALNUT CREEK, Calif. – Pacific Gas and Electric Company (PG&E) today announced a $10,000 reward for information leading to the arrest and conviction of the individuals responsible for kidnapping a PG&E contract employee in a parking lot as she left work on November 7 in the Walnut Creek Shadelands area.

On November 7, 2012 at approximately 7:30 p.m., a 57 year old female was abducted as she was leaving work and walking to her vehicle in an isolated parking lot. As the victim unlocked her vehicle two suspects ran up to her, forced her into her vehicle, tied her up and blindfolded her. The victim was driven to various locations in an attempt to get money from her ATM accounts.
The victim was driven to an isolated area in the Oakland Hills where she was released. A vehicle with a loud muffler was heard leaving the area. The victim was able to free herself and called 911. Oakland PD responded and sought medical attention for the victim and obtained the initial information. The Walnut Creek Police Department was called to handle the primary investigation since the incident originated in Walnut Creek.

Suspect #1: Described as a white male adult, early to mid 20s, 5’11”, 185/190 lbs, broad shoulders, short dark hair, unknown facial hair. Last seen wearing light colored T shirt under a black zip up colored shirt, jeans, blue or black.
Suspect #2: Described as a white male adult, early to mid 20s, 5’9”, 150 lbs with a slight build. Last seen wearing a mask (form type to below the nose), black hooded sweatshirt with the hood up, dark jeans.
Suspect Vehicle: Vehicle with a loud muffler.

The Walnut Creek Police Department is actively investigating this crime. Anyone with information related to this crime is asked to contact the Walnut Creek Police Department Investigations Unit at(925) 943-5868 or (925) 943-5844.

The photos below are of one of the kidnapping/robbery/carjacking suspects in this case. The photos are from a drive up bank ATM. The suspect in the photo went by the name "Aubrey" (see suspect #2 description below). The second suspect went by the name "David". It is important to stress we do not know if these are the suspect's actual names.
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Chez Panisse restaurant closed after fire

Re-posted from Contra Costa Times 
Note:  There are numerous fires in Contra Costa County that bear strong connections to this one.  The Easy Bay Arsonist often starts the fires on porches, sheds and structures near the building.  

Keywords: Arson, Restaurant Fire, Fire Starter, 3AM, 


BERKELEY -- The world-famous Chez Panisse restaurant was damaged by a fire early Friday morning, but a sprinkler in a downstairs dining room may have saved the building from being destroyed, fire officials said.
A tearful Alice Waters stood in front of the Berkeley iconic eatery she co-founded in 1971, recalling a fire that started more than 30 years ago, as she cooked in the kitchen.
After touring the darkened restaurant with fire officials early Friday morning, the stress of the event was evident on Waters' face which started with a grimace went to a smile and back to the countenance of someone trying very hard to keep herself together. As she exited the building and crossed Shattuck Avenue to talk with waiting press, a fire official accompanied her, and she hugged her long time pastry chef Mary Jo Thorsen.
"It brings up a lot of emotional sadness for me," a barely audible Waters said to rows of news cameras and microphones. "It reminded me of the first time when it took out a wall between the kitchen and the dining room. I'm just glad nobody was in the building."
No one was injured in the blaze, which was reported just after 3 a.m. at the restaurant at 1517 Shattuck Ave. The fire was under control by about 4:30 a.m.
Damage was heavy in the front porch area, near where the fire was thought to have started. Flames spread inside the building, to a downstairs dining area, but a sprinkler there controlled the blaze as

firefighters worked from the inside, likely saving the building, according to Berkeley fire spokesman Avery Webb.
Waters already had some new ideas for fixing the charred downstairs portion of her restaurant.
"The first thought I had is maybe we should extend the dining room out," Waters said.
The fire initially was being treated as suspicious in nature because it started under the porch which is "unusual," Webb said. But investigators also are focusing on some electrical equipment under the porch as a possible cause.
"They don't know whether it was an electrical problem or someone smoking out front or what," Waters said.
Both Waters and Webb said that considering the relatively low amount of fire damage, the restaurant could conceivably reopen as soon as next week.
"It's hard to say what they'll allow us to do," Waters said. She said it was a "miracle" that there appeared to be no damage to the structural beams that hold up the building.
But smoke damage to the entire restaurant will be an issue, Webb said. He said the city's health department will also have to inspect the building before it reopens.
It's always smoky in there," Waters said. "I guess we'll just have to burn more rosemary."
Webb estimated the damage at $150,000 to $200,000.
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Mainframe Designs - Commercial Cabinet and Millwork Shop

Business: Mainframe Designs
Address: 545 Bliss Ave Pittsburg CA
From Oct 1983 to July 1987


Business: Mainframe Designs
Address: 546  Bliss Ave Pittsburg CA
From July 1987  to August 1989

More details will be posted.

The

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A RICO violation requires proof of a “pattern of racketeering activity

For ten years I've gone through endless bizarre events which are referred to as "Bumps in the Night"

It's pattern alright it's a checkered pattern - a big pattern with hundreds of victims.



Title IX of the Organized Crime Control Act of 1970 is known as the Racketeer Influenced and Corrupt Organizations Act or RICO Act. The purpose of the RICO Act is to curb the menace of organized crime and to prevent it from financial infiltration of legitimate business operations affecting interstate commerce. However, the scope of the statute is not strictly limited to these two goals and has a far-reaching civil enforcement scheme covering a wide spectrum of objectives including insuring integrity in the marketplace.

Find your next vehicle at UsedCars.com“Racketeering activity” for purposes of the RICO Act means any act “chargeable” under several generically described state criminal laws, any act “indictable” under numerous specific federal criminal provisions, including mail and wire fraud, and any “offense” involving bankruptcy or securities fraud or drug-related activities that is “punishable” under federal law. The RICO Act prohibits the use of income derived from a “pattern of racketeering activity” to acquire an interest in or establish an enterprise engaged in or affecting interstate commerce; the acquisition or maintenance of any interest in an enterprise “through” a pattern of racketeering activity; conducting or participating in the conduct of an enterprise through a pattern of racketeering activity; and conspiring to violate any of these provisions[i].

The gravamen of the offense under RICO Act is the illegal derivation of the funds. The offenses considered as racketeering activity include bribery, counterfeiting, embezzlement from pension and welfare funds, fraud relating to identification documents and access devices, extortionate credit transactions, transmission of gambling information, mail fraud, wire fraud, witness tampering, retaliation against witness, obstruction of state or local law enforcement, interference with commerce, bribery, or extortion, interstate transportation in aid of racketeering, unlawful welfare fund payments, money laundering, monetary transactions in property derived from unlawful activities, sexual exploitation of children, interstate transportation of stolen property, sale of stolen goods, embezzlement from union funds, etc. In addition, bankruptcy fraud, fraud in the sale of securities, felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in narcotic or other dangerous drugs, and any act indictable under the Currency and Foreign Transactions Reporting Act are considered to be racketeering activity.

Also, violations of state law which constitute “racketeering activity” under the federal RICO Act must be punishable by imprisonment for more than one year. The offenses falling under this category include murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, and dealing in narcotic or other dangerous drugs[ii]. Courts have held that the list of state law crimes that can constitute “racketeering activity” under RICO is exclusive[iii].
Thus, in order to establish a RICO violation, a plaintiff must prove 1) the existence of an enterprise, 2) the defendant’s derivation of income from a pattern of racketeering activity, and 3) the use of any part of that income in acquiring an interest in or operating the enterprise[iv]. In addition, there must be a nexus between the claimed violation and the plaintiff’s injury, which must flow from the use or investment of racketeering income[v].

The term “enterprise,” as defined in the Act, includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity. RICO applies to both illegitimate and legitimate enterprises[vi].
The term “racketeering activity” has been defined broadly under the Act in order to embrace any act indictable under a host of federal statutes, in both civil and criminal cases. Courts have held that the RICO Act’s applicability is not limited to members of organized crime and hence no connection with organized crime need be shown. The RICO Act provides for criminal penalties of imprisonment, fines, and forfeiture for violation of its provisions[vii].

A RICO violation requires proof of a “pattern of racketeering activity,” through “at least two acts of racketeering activity, the last of which occurred within ten years[viii].” Courts generally construe RICO liberally in order to effectuate its remedial purposes[ix]. In order to establish a pattern, the plaintiff should prove a relationship between the acts of racketeering activity charged and a threat of continuing activity, or continuity of such activity. In other words, “continuity plus relationship” produces a pattern of racketeering activity[x]. The term “pattern” thus requires at least two acts of racketeering activity within a 10-year period[xi].

An alternative to showing a pattern of racketeering activity is to show the collection of an unlawful debt. While there should be at least two wrongful acts to establish a pattern, only one collection is necessary to establish a violation[xii]. The collection of an unlawful debt can be shown either by showing gambling activity violating federal, state, or local law, or a debt incurred in connection with that gambling activity and collection of the debt. This method of proving the collection of an unlawful debt applies even in a state that has no specific statutory proscription of the business of gambling.
“While enterprise and pattern of racketeering activity are separate elements of RICO offense, proof of these two elements need not be separate or distinct, but may in fact coalesce[xiii].”
RICO creates three substantive offences which prohibit the acquisition, establishment, or operation of an enterprise with illegally derived income. Therefore, it is illegal to acquire control of an enterprise through extortion or a scheme to defraud, or may maintain an interest in an enterprise through bribery[xiv].
It is a substantive offense under the RICO Act to use an enterprise to commit illegal acts. In this connection, the plaintiffs must prove (1) the existence of an enterprise that affects interstate or foreign commerce, (2) that the defendant was employed by or associated with the enterprise, (3) that the defendant participated in the conduct of the enterprise’s affairs, and (4) that such participation was through a pattern of racketeering activity[xv]. However, the plaintiff need not prove defendant’s actual employment or association with the enterprise independent of racketeering activity. The RICO Act only requires proof of the defendant’s association with illegal activities of the enterprise and associated outsiders who participate in a racketeering enterprise’s affairs may also be held liable for a RICO violation[xvi].
In addition to the substantive offenses, the RICO Act also creates a conspiracy offense, which requires proof of violation of a substantive RICO provision. In order to be made liable, a member of an enterprise conspiracy, by his/her words or actions, must have objectively manifested an agreement to participate, directly or indirectly, in the affairs of an enterprise through the commission of two or more predicate crimes. A defendant need not have to actually carry out the predicate acts; a defendant may be convicted as long as he/she agreed to commit such acts[xvii]. Aiding and abetting the commission of two predicate acts is also punishable if all of RICO’s other requirements are satisfied.
In a criminal action, a sufficient indictment must contain the elements of the offense and apprise the defendant of the nature of the charge. In a RICO prosecution, the indictment must sufficiently allege that the enterprise at issue had an effect upon or was engaged in interstate commerce so as to form a jurisdictional basis for the violation under the Act[xviii]. Thus, the government has to particularize its indictment by identifying the type of interests subject to forfeiture under the RICO Act. Also, acts which are seemingly unrelated can be jointed through a RICO substantive count, which will provide an overall connection to the indictment. A RICO conspiracy count can provide the connection between two otherwise unrelated conspiracies necessary to satisfy the requirements of joinder[xix].
The RICO Act does not prohibit serving of subpoenas in a different judicial district[xx].
Prosecutions for both substantive violations of RICO and RICO conspiracies are governed by a five-year federal statute of limitations[xxi]. In the matter of substantive RICO violations, the limitations period begins to run at the time of the last substantive violation committed by the defendant. Where as in the case of RICO conspiracies, the limitation period begins to run at the time the objectives of the conspiracy are either accomplished or abandoned by the conspirators, or at the time of the commission of the last overt act in furtherance of such conspiracy[xxii]. It is to be noted that prosecutions for both substantive violations of RICO and RICO conspiracies are governed by the above mentioned five-year federal statute of limitations and state law statute of limitations are inapplicable in this regard.
RICO violations are proven by both direct and circumstantial evidence. In the matter of predicate offenses, the court has no obligation to read the elements of the state offense and tell the jury whether the commission of the offense constitutes a felony[xxiii].
Also, courts have held that “the prosecution of a defendant for both a RICO substantive offense and a RICO conspiracy offense is not improper, even though the charges may involve a considerable overlap in evidence, especially where the enterprise succeeds as a consequence of the persons associating and committing acts making up a pattern of racketeering activity[xxiv].” Moreover, consecutive sentences may be imposed for both a substantive RICO offense and a conspiracy to commit a RICO offense.
18 U.S.C.A. § 1962 lists the prohibited activities under the RICO Act and states that persons violating the Act are subject to a fine, or imprisonment, or both in addition to the penalty of forfeiture of property. The penalty of forfeiture is intended to destroy the economic base through which individuals constitute a serious threat. A court may order forfeiture in the case of both RICO conspiracies as well as substantive RICO offenses[xxv]. However, if a defendant is convicted of conspiracy to violate RICO, when he/she has not in fact received any proceeds from the illegal venture, then forfeiture would be inappropriate since law only permits forfeiture of interests acquired or maintained as a result of a RICO violation[xxvi].
Property subject to criminal forfeiture includes “real property, including things growing on, affixed to, and found in land, and tangible and intangible personal property, including rights, privileges, interests, claims, and securities[xxvii].” Thus, an office held in an enterprise is an interest in an enterprise subject to forfeiture. So is the defendant’s employment if such employment offered an opportunity to the defendant to engage in a pattern of racketeering activity.
Once the property is forfeited, the Attorney General will direct the disposition of the property by sale or any other commercially feasible means. The defendant or any person acting on behalf of the defendant shall not be eligible to purchase forfeited property at any sale held by the United States[xxviii]. The proceeds of the sale can be used to pay all proper expenses for the forfeiture and the sale, including expenses of seizure, maintenance and custody of the property pending its disposition, advertising and court costs.
Third parties are prohibited from intervening in the trial or appeal of a criminal case involving forfeiture and are allowed to assert their interests only in post conviction proceedings. However, as a means to safeguard third party interests, such party is provided a right to a hearing to adjudicate the validity of his/ her alleged interest in the property.
The civil enforcement scheme provides a private right of action for damages against RICO violators. Civil remedies are broader in nature and are not limited to suits against persons connected with organized crime. However, civil RICO provisions are inapplicable to claims for damages or economic losses arising from personal injuries such as physical injury, emotional distress, loss of consortium, and wrongful death.
To establish a RICO claim, a plaintiff must show a violation of the RICO statute, an injury to business or property and that the injury was caused by the violation of the statute[xxix].
A plaintiff need not establish a racketeering injury distinct from that occurring as a result of the predicate acts themselves. A showing that the injury resulted from any of the predicate acts would suffice. Similarly, a private civil action does not require the defendant’s prior conviction of a RICO violation, or of the underlying predicate offenses.
The limitation period for civil enforcement actions is four years. A RICO cause of action will accrue only if the damages or injury are clear and definite and when a plaintiff can prove multiple RICO injuries, a separate cause of action will accrue and a new four-year statute of limitations will begin to run for each injury[xxx].
The RICO Act provides for treble damages and an injured person can recover threefold the damage he/she sustains. The general presumption is that punitive damages are inappropriate in a civil RICO action. However, there is contrary authority in this regard. For instance, in the District of Columbia, an award of punitive damages is permissible when there is a valid basis for an award of compensatory damages. “Where a plaintiff has sustained actual damages, he may obtain punitive damages by showing that the defendants acted with gross fraud, wantonness, maliciousness, or willful disregard for the rights of others[xxxi].” The injured person is also entitled to costs and a reasonable attorney’s fee.
[i] 18 U.S.C.S. § 1962.
[ii] 18 U.S.C.A. § 1961(1)(A).
[iii] Overnite Transp. Co. v. International Broth. of Teamsters, Chauffeurs, Warehousemen & Helpers of America, AFL-CIO, 168 F. Supp. 2d 826 (W.D. Tenn. 2001).
[iv] United States v. Cauble, 706 F.2d 1322, 1331 (5th Cir. 1983).
[v] Crowe v. Henry, 43 F.3d 198, 205 (5th Cir. 1995), St. Paul Mercury Ins. Co. v. Williamson, 224 F.3d 425, 441 (5th Cir. La. 2000).
[vi] United States v. Thevis, 665 F.2d 616 (5th Cir. Ga. 1982).
[vii] 18 U.S.C.S. § 1963.
[viii] 18 U.S.C. § 1961(5), Blue Cross & Blue Shield of N.J., Inc. v. Philip Morris, Inc., 36 F. Supp. 2d 560, 567 (E.D.N.Y. 1999).
[ix] Sedima v. Imrex Co., 473 U.S. 479 (U.S. 1985).
[x] H. J. Inc. v. Northwestern Bell Tel. Co., 492 U.S. 229 (U.S. 1989).
[xi] 18 U.S.C.S. § 1961(5).
[xii] 18 U.S.C.A. § 1961(6).
[xiii] United States v. Patrick, 248 F.3d 11 (1st Cir. Mass. 2001).
[xiv] United States v. Parness, 503 F.2d 430 (2d Cir. N.Y. 1974).
[xv] A-Valey Eng’rs, Inc. v. Board of Chosen Freeholders, 106 F. Supp. 2d 711 (D.N.J. 2000).
[xvi] United States v. Tille, 729 F.2d 615 (9th Cir. Wash. 1984).
[xvii] United States v. Teitler, 802 F.2d 606 (2d Cir. N.Y. 1986).
[xviii] United States v. Hooker, 841 F.2d 1225 (4th Cir. Va. 1988).
[xix] United States v. Welch, 656 F.2d 1039 (5th Cir. Tex. 1981).
[xx] 18 U.S.C.A. § 1965(c).
[xxi] 18 U.S.C.A. § 3282.
[xxii] United States v. Persico, 832 F.2d 705 (2d Cir. N.Y. 1987).
[xxiii] United States v. Anderson, 782 F.2d 908 (11th Cir. Ga. 1986).
[xxiv] United States v. Callanan, 810 F.2d 544 (6th Cir. Mich. 1987).
[xxv] United States v. Caporale, 806 F.2d 1487 (11th Cir. Fla. 1986).
[xxvi] 18 U.S.C.S. § 1963(a)(1).
[xxvii] 18 U.S.C.A. § 1963(b).
[xxviii] 18 U.S.C.A. § 1963(f).
[xxix] De Falco v. Bernas, 244 F.3d 286 (2d Cir. N.Y. 2001).
[xxx] Rodriguez v. Banco Cent., 917 F.2d 664 (1st Cir. P.R. 1990).
[xxxi] Al-Kazemi v. General Acceptance & Inv. Corp., 633 F. Supp. 540 (D.D.C. 1986).
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Richmond police sergeant accused of taking bribes, other corruption

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Case History

rty Name Type Case Name Category Case Number Filed 
BENNETT, PETER DEFENDANT R. C. STOCKTON CO. VSKIM FANG CONTRACT/BREACH OF WARRANTY CIVMSC89-00683 08/10/1988 
BENNETT, PETER DEFENDANT MARKONE VISUAL COMMUNVSPETER BENNETT SM.CL. APP (L.J.) CIVMSC89-05151 12/06/1989 
BENNETT, PETER DEFENDANT SUSANA VILLALOBOS VSPETER BENNETT PI/PD/MOTOR VEHICLE (MARTINEZ) CIVMSC91-00367 01/24/1991 
BENNETT, PETER PETITIONER BENNETT VS COLLINS CIVIL HARASSMENT CIVMSN04-1287 09/23/2004 
B




BENNETT, PETER C DEFENDANT PALISADES VS BENNETT COLLECTIONS - CONSUMER CREDIT (CRC 3.740) CIVMSL07-05950 09/18/2007 
BENNETT, PETER C. DEFENDANT STEPHEN WALSH ET AL VSPETER BENNETT ET AL CONTRACT/BREACH OF WARRANTY CIVMS295560 01/02/1987 
BENNETT, PETER C. PLAINTIFF PETER C. BENNETT VSSOUTHERN PACIF TRANS PI/PD/NON-MV CIVMS308590 11/18/1987 
BENNETT, PETER C. PLAINTIFF PETER C. BENNETT VSFLOYD BROWN PI/PD/NON-MV CIVMSC90-00637 02/13/1990 
BENNETT, PETER C. RESTRAINED PERSON/DEFENDANT PAULA TARRANT VS PETER BENNETT PETN FOR DISSOLUTION FLMSD04-01638 04/02/2004 
BENNETT, PETER C. DEFENDANT CD FEDERAL VS. BENNETT COLLECTIONS - LIMITED CIVIL ($25,000.00 OR LESS) CIVMSL07-02281 04/23/2007 
BENNETT, PETER CARVER RESPONDENT PAULA TARRANT VS PETER BENNETT PETN FOR DISSOLUTION FLMSD04-01638 04/02/2004 
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Case CIVMSN04-1287 - BENNETT VS COLLINS

Case CIVMSN04-1287 - BENNETT VS COLLINS 

Viewed
Date
Action Text
Disposition
Image
09/30/2004 FILE RETURNED TO COURT RECORDS, MARTINEZ Not Applicable   
09/30/2004 1:31 PM DEPT. 59 HEARING ON OSC/TRO RE: HARASSMENT (CIVIL) FILED BY PETER BENNETT Minutes DROPPED BY COURT   
09/30/2004 1:30 PM DEPT. 59 HEARING ON OSC/TRO RE: HARASSMENT (CIVIL) FILED BY PETER BENNETT Minutes CONTINUED   
09/23/2004 HEARING ON OSC/TRO CIVIL HARASSMENT WAS SET FOR 9/30/04 AT 13:30 IN DEPT. 59    
09/23/2004 COLOR OF FILE IS GRAY  Not Applicable   
09/23/2004 CASE ENTRY COMPLETE Not Applicable   
09/23/2004 OSC RE: HARASSMENT AND TRO FILED BY PETER BENNETT  Not Applicable   
09/23/2004 PETITION OF PETER BENNETT FOR INJUNCTION PROHIBITING HARASSMENT AND APPLICATION FOR TRO FILED  Not Applicable  
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Ellenwood Farm Murders and Arsons

This one will really throw everyone a curve. In my trailer that flipped were records and news clippings from many events that occurred near me.  It was an unofficial research project with emphasis on cold-cases.  It started with a murder near me back in 1974 that was solved but was tragic to the family I knew well.  

76 Santa Monica Drive 

Event Date: 1979 
Case 1: Arson 
Case 2: Arson/Murder
Case 3: Murder 

Location: Along creek.  


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Cabinet Shops - 2003/2004 Fairfield CA - 1980 to 1990

Operation: Custom Cabinet Shop
Location: Lopes Road Fairfield CA

Purchased from Mark Scott Construction a 5000 SF operation for $35,000 on graduating scale.  Opened shop with help of capital from partner with intent of resuming operations interrupted from 1980's in Pittsburg CA commercial restaurants.

I was served with my divorce papers by this woman found on this video - my nightmare started shortly afterward.

Stoneman Business Park or Camp Stoneman
Operation: Custom Cabinet Shop
Location: 545 Bliss Ave, Pittsburg CA

Seller: Mark Scott Construction a 5,000 SF operation for $35,000 on graduating scale.



Operations interrupted from 1980's in Pittsburg CA commercial restaurants when my friend was murdered by Pittsburg Police Officer Eric Bergen who was convicted in 1995

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Chapter 5: Arson

A person who commits this crime is called an arsonist. Many arsonists use accelerants, such as gasoline or kerosene to get a fire going.
  • Chapter 5: Arson
This chapter deals with arson. It has only one section, §81, which defines arson, attempted arson, or conspiracy to commit arson, and provides a penalty of imprisonment for up to 25 years, the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both. It also provides that if the building is a dwelling or if the life of any person is placed in jeopardy, the penalty shall be a fine under this title, imprisonment for "any term of years or for life", or both.
  • Chapter 7: Assault
This chapter deals with assault. §111 prohibits "assaulting, resisting, or impeding" officers,employees and Law Enforcement Explorers of the United States while engaged in or on account of the performance of official duties, and the assault or intimidation of "any person who formerly served" as an officers or employees of the United States "on account of the performance of official duties during such person's term of service". The section provides for a penalty for simple assault of a fine, imprisonment for up to one year, or both, and a penalty in all other cases of a fine, imprisonment for up to eight years, or both. An enhanced penalty of a fine or imprisonment for up to 20 years is provided for if a "deadly or dangerous weapon" is used or if bodily injury is inflicted.


http://en.wikipedia.org/wiki/Obstruction_of_justice

http://uscode.house.gov/download/pls/18C11A.txt

http://www.law.cornell.edu/wex/constructive_fraud

http://en.wikipedia.org/wiki/Witness_tampering


18 USC § 1001 - Statements or entries generally

http://www.law.cornell.edu/uscode/text/18/1001
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

United States

In U.S. law, a "false statement" generally refers to United States federal false statements statute, contained in 18 U.S.C. § 1001. Most commonly, prosecutors use this statute to reach cover-up crimes such as perjury, false declarations, and obstruction of justice and government fraud cases.[1] Its earliest progenitor was the False Claims Act of 1863,[2] and in 1934 therequirement of an intent to defraud was eliminated to enforce the National Industrial Recovery Act of 1933 (NIRA) against producers of "hot oil", oil produced in violation of production restrictions established pursuant to the NIRA.[3]
The statute criminalizes a government official who "knowingly and willfully":[4]
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry.
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