By Kini Cosma
Dated: January 28, 2008
8617 words
The seedbed out of which this case has grown was laid down before the Federal Magistrates of the United States of America at all levels of the appellate courts. Kini Cosma contends that all cases were “routinely dismissed” without proper judicial review. It has gone as far as to the Unites States Federal Claims Court and has been dismissed as “lack of jurisdiction”. Please except this perusal as part of your deliberations.
Kini Cosma (herein referred to as “Kini” contents that this case is the fault of the political organization of the infrastructure, rather than this infraction itself. City of Napa Police Sergeant Randy Bowman, Court Of Appeal of the State of California, Supreme Court Of California, George-Chief Justice First Appellate District, Division One Stein, J. Acting P.J., Strankman, P.J., THE UNITED STATES DISTRICT COURT-NORTHERN DISTRICT OF CALIFORNIA: Armstrong, Judge Saundra B. SBA; Zimmerman, Magistrate Judge Bernard BZ, UNITED STATES DISTRICT COURT-EASTERN DISTRICT OF CALIFORNIA: David F. Levi, Sandra M. Snyder, Gregory G. Hollows, William Shubbs, Garland E. Burrell, THE NINTH CIRCUIT COURT OF APPEALS; Circuit Judges: O'Scannlain, Fernandez, Tashima, T.G. Nelson, Kleinfeld, Farris, Brunetti, Silverman, Leavy, Berzon, THE PLACER COUNTY COURT, THE LASSEN COUNTY SUPERIOR COURT, County of Lassen, Department of Community Development, THE NAPA COUNTY SUPERIOR COURT OF THE STATE OF CALIFORNIA, Ronald T.L. Young AND THEIR ATTORNEYS OF RECORD : [PUBLIC AND PRIVATE AGENCIES THEREOF, THE CALIFORNIA BAR ASSOCIATION, THE UNITED STATES DEPARTMENT OF JUSTICE] Lassen County Grand Jury, Coldwell Banker, Intertribal Counsel, Elton Kantor,…Federal Claims Court, Washington, DC-Judge Smith : (herein referred to as “the State”) and its communities simply slotted into the system of American city government that made possible the political-criminal nexus characteristic of this case.
THEREIN COMPLAINED OF IN CASES U.S.C.A. 98-16415: U.S.C.A. 98-16415: U.S.C.A. 98-16672: U.S.C.A. 98-16673: U.S.C.C. 98-090819: U.S.D.C. 98-00618: U.S.D.C. CV-F-97-5994: CV-02-01704-WBS/GGH: U.S.C.A. 04-70711: 3rd. Appell. Dist: 3 Civil C028174: 3 Civil C031259: 3 Civil C046114: U.S.D.C. C-04-0618 SBA (PR); C.A. Supreme Ct. C028174: U.S.D.C. CIV-S-04-681 MCE GGH PS; Napa Superior Ct. CR26838; U.S.C.A. 03-15084; MIS-S-02-0236 WBS GGH-PS; Lassen Superior Ct. TR060989; TR059474; CR018285; TR050932; CR019489; JC36801; TR070589; TR071517; JC389326; JC38896; Placer Superior Ct. SJV2396...ET AL.
STATEMENT OF FACTS
On October 25, 2005, at approximately 8:00 a.m, PST., Kini was traveling along a double rural highway in the Northern California town of Susanville in Lassen County. Her small truck had several bales of hay balanced in the back. The speed limit was approximately 50 m.p.h. She slowed to a stop to make a left turn onto a very narrow overpass that went to a driveway. A white passenger van that appeared to be tailgating at a faster speed proceeded to pass her. Avoiding a collision with Kini’s vehicle, the white passenger van swerved into the left lane and flew off into the neighbors front yard. The California Highway Patrol cited Kini for expired vehicle registration and no insurance.
QUESTION:
Does not having valid vehicle registration and no insurance make Kini Liable for the negligence, damages, and injuries of the self-inflicting passenger van?
ANSWER:
YES.
According to California. And, the U.S. Constitution. Article I: The Legislative Branch, Section 9, Clause 2: The Privilege of the Writ Of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it.
In a quandary as to Kini’s legal rights and uncertain about the practical consequences on a finding that Kini was a dangerous sex offender, that she was ever guilty of such faults, wrong, or neglect as to forfeit her rights to participate in venture enterprises, Kini has had to suffer: Systematic physical, legal, and psychological threats to safety, liberty, dignity, & development, torture, illegal detention, sexism, arbitrary arrest, invasion of privacy, freedom of expression, harassment, discrimination & retaliation through the ongoing pattern of increasingly petty psychological abuse cloaked with sadistic illegal hazing and bantering, malicious prosecutions, abuse and overreaching of the courts, legal malpractice-ineffective counsel, false reports, defamation of character, false light, & civil conspiracy. She has been robbed of dignity, family, career, social life, education, health, trust estate totaling approximately $100k and housing committed by government sanction.
And, obviously, remains restrained beyond human tolerance and decency for the sake of arbitrary decision of the State to seek her commitment under one stature rather than the other. The Equal Protection Claim could then be buried along with Kini.
In other words, Kini is not entitled to equal protection and due process under the law. Access to the courts for any hearing whether it be a preliminary hearing or administrative hearing is an absolute privilege with similar procedural requirements.
Can This Be Where Some Of These Obscure
Government Oversights Occur?
Day after day, the Administration of Justice has granted equal protection claims to others. Yet, Kini has still not received judicial review to the malicious, obscure government oversights originally intended in her case that has now spun out of control and is in an extremely persuasive category regarding international human right violations, violations of women’s rights, and amounting to a bill of attainder. Instead, her claims have become defined as “Cases of Rebellion and/or Invasion that public safety may require it…”
Could this be where, the driver of the white passenger van, insured by Farmers’ Insurance Group, (1) Michael Bertotti, related to (2) Joseph J. Bertotti, Assistant Director to the County of Lassen, Department of Community Development possibly be related to (3) Sharon Bertotti, a member of the Lassen County grand jury who on October 25, 2005, at approximately 8:00 a.m, PST., was traveling along a double rural highway in the Northern California town of Susanville in Lassen County proceeding at a speed limit exceeding 65 m.p.h. who had encountered Kini’s small truck that had several bales of hay balanced in the back, slowing to a stop to make a left turn onto a very narrow overpass that went to a driveway. And, who then avoided a collision by swerving into the left lane and colliding into the front yard of the Lassen County Sheriff‘s secretary? After all, in “Cases of Rebellion and/or Invasion that public safety may require it…” Kini would not be entitled to any kind of hearing to find out why her driver‘s license was suspended!
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1. Kini filed two concurrent lawsuits at the same time, under the same housing issues (under HUD) in the Federal Eastern District Court in Sacramento, against Coldwell Banker Affiliates (A local Coldwell Banker Rep was traffic court Judge Lazard’s mother) and County of Lassen, Department of Community Development. The issues centered on the sex offender defamation charges that resulted in actual damages, expectation damages, general damages, compensatory damages, special damages, attorney’s fees, costs of suit(s), future damages, implied damages, exemplary damages, punitive damages, reliance damages, nominal damages, incidental damages, tremble damages, consequential damages, foreseeability of damages, liquidated damages, mitigation of damages, lost profits from businesses and investments, lost earnings, damages for emotional/mental distress, pain and suffering, injunctive relief, specific performance, loss of consortium also filed in the Federal Northern District Court in Oakland, California.
ACCESS TO THE COURTS
There has never been a civilized society for which segment did not thrive upon the labor of another. As far back as one chooses to look, ancient times, biblical times...history bears this out.
Rather, as war and antagonism are the natural states of man, so too, slavery, as natural as it is inevitable. And the proof is the length to which a man, woman, or child will go to regain it, once it is taken. He will break lose his chains. He will decimate his enemies. He will try and try and try against all odds, against all prejudices, to get home.
On a deeper level, this battle between traditional and modernizing elements is a reflection of the bitter battles with the State of California in a highly competitive marketplace.
On January 10, the UN declared 2004 the Year of the Abolition of Slavery. One reason that the U.S. government is slow to respond to the rise in human trafficking is that it is assumed that it is a thing of the past, so remote as to be almost picturesque. It is hard to accept the fact that both are with us again, slavery in a more virulent and inhumane form, since human beings have a lower market value than in the past. These abuses are taking new forms in contact with transnational crime.
It was as recent as from 1983 until 1989 that Rudolph Guiliani mounted the heaviest assault on organized crime since the days of Thomas Dewey. Guiliani prosecuted the New York Mafia Commission itself for racketeering and won 100-year sentences against eight bosses from four of the five New York families.
When Guiliani became Mayor of New York in 1994, he began to purge the Mafia’s influence from the waste haulage industry, refusing to grant licenses to haulers with known Mafia connections. Shortages brought new opportunities for organized crime.
Desperate to cover up systematic violations of the law under the guise of the terrorism crisis for changes extending far beyond terrorism….. The State was able to corner the market in a monopoly by disabling Kini through control of her share of inheritance trust, limiting job opportunities, pilfering, plundering and hoarding meant that leaving her without resources was extremely profitable for the States’ highly intrusive techniques and their fishing expeditions.
Their “reasonable indication” standard has been substantially lower than the standard of probable cause required by the Fourth Amendment for searches and seizures and for arrests and indictments.
Finally, as a result of not having her day in California State and Federal Courts, erroneously and improperly prosecuting, and refusing to bind witnesses over in the cases Kini complains of, Kini accuses the State of maintaining a link between organized crime and high political, social, and entertainment circles alleging defamatory statements concerning gross criminality sufficient enough to persuasively amount to international human right violations, violations of women’s rights, and a bill of attainder. This requires specific facts or circumstances indicating a past, current, or impending violations before a full investigation may be conducted.
Industrial and labor syndicates are one of the most fertile fields cultivated by created opportunities for members the State eschewing competition and striving for a monopoly on an industry or territorial basis.
These unions have recruited, often through the bosses of the political wards for globalization to avoid doing or using something on principle or as a matter of course. It has revived trades like white slavery, human trafficking, and other conflicts that afflicts all U.S. communities to a greater or lesser extent.
The doyen of U.S. criminologists, Howard Abadinsky, has given the most exhaustive and scrupulous definition:
1.“Organized crimes are non-ideological enterprises involving a number of persons in close social interaction, organized on a hierarchical basis, with at least three levels/ranks, for the purpose of securing profits and power by engaging in illegal and legal activities.
2. Positions in the hierarchy and positions involving functional specialization may be assigned on the basis of kinship or friendship, or rationally assigned according to skill. The positions are not dependent on the individuals occupying them at any particular time. Permanency is assumed by the members who strive to keep the enterprise integral and active in pursuit of its goals.
3. There is a willingness to use violence and/or bribery to achieve ends or to maintain discipline. Membership is restricted, although nonmembers may be involved on a contingency basis. There are explicit rules, oral or written, which are enforced by sanctions that include murder.”
THE INDUCEMENT
The practice of detaining a mother of two Caucasian, blue eyed boys, between the ages of 0-5, while her children are being detained for approximately 58 days, predicated on reason from the use of jailhouse tactics of abuse, to the use of duress & undue influence to force an illicit plea, to inducing Kini to register as a high control risk sex offender for the rest of her life designed for the purposes of depredations, humiliation, degradation, isolation, derision and hatred in society.
Functions and authorities of agencies were to be specified in binding laws adopted publicly by the legislature. However, to legitimize their profits, a form of bait to interest a victim into parting with her pecuniary disadvantage and the opportunity to make an easy profit included deception and false accounting.
Kini contends that the worst of dirty tricks to foment internal dissent was used to encourage discrimination and to disrupt her activities terrorizing individual females in the community. Tactics of abuse of power from the State, to psychological and physical battering, to the confiscation of real and personal properties, inheritance monies, job opportunities, education and drivers license, and numerous prosecutions-civil and criminal within a ten year period.
The allied government relies on these groups to run the infrastructure, and at the time the only men who fitted this category were members of an Honored Society. Since they have no police records or are cloaked and shielded in immunity in the United States, they can operate invisibly in a way that is impossible for the heavily compromised members of the State, almost all of whom have been identified and are under constant enviable status as members of the infrastructure. This makes them respected and feared and gives them their license to operate with virtual impunity, thanks to their network of connections with lawyers, policemen, judges, and politicians.
The receipt of persons by means of threat or the use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person, for the purpose of exploitation, forced labor or services, slavery or practices similar to slavery.
Like the thugs who arrive at a store demanding “insurance” against “accidents” such as arson, this kind of criminal offers to protect the community from himself-by using a human trafficking trade through an illicit label of the “sex offender“.
Black hand extortion almost vanished until all-seeing organizations with tentacles everywhere began preying on the State’s poor and ill-educated people to exploit. In cooperation, teeming cities, correctional facilities, child protective services, social services….and now the sister State of Oregon. The repression doesn’t seem to end.
These extortion and labor racketeering dealings are the life-blood of the State’s courts of justice. Why else would California have so many prisons? They also lead the associates who make the actual physical contacts on the street. They supervise and exploit the weaknesses of those that can grease the wheels of their illicit activities. This is particularly true where the infrastructure for cooperating with officials are high and the rewards high.
It is on these basis that these tort actions have been used against the State in the most outrageous high-pressure methods from rules that these new charges are unconstitutional for the same reasons that the earlier charges were-they punished Kini solely for her association that disfavors her ideas for appeals of social justice and liberties.
THE PRETENSE: SET UP
The blackmailer, the State, is in control once their victim(s) has agreed to their terms. Kini’s original alleged crime was not narrowly defined, and she has continually been the subject of arrest, detention, and punishment not within the standards of fundamental fairness including the opportunity to know and challenge the evidence against the State.
Convincingly, the State has gone to remarkable lengths, with little cost, to keep Kini as the target of a hostile takeover bid and threatening to support all ongoing prosecutions unless sexual gratification payments or favors can be a “one off,” or demands may carry on for an indeterminate period until the State’s financial reward is received through her being institutionalized.
To remove political leverage profit from this trade in human misery, debt bondage accounts for much of the sexism associated with her criminal predicates. Her debts started out small and manageable and has eventually entangled Kini by her having no stake in society in turn adversely affecting her ability to carry out her legal responsibilities.
Forced to borrow more until she rapidly gets swallowed up in a spiral of debt, desperate for cash, and who cannot borrow from the normal sources such as banks, need money straightaway and she has nowhere else to turn.
Patronage has barred her from prevailing upon the return of her share of a trust estate inheritance in the amount of approximately $100k. Backed by financial markets and corporate raiders, Kini’s assets are manipulated for the sole purpose to intimidate her and to make sure she can not keep up with the extortionate repayments demanded by her cost of living. The practice of threatening with indirect threats, she is at their disposal.
THE RESULT
Whatever guise the State has used to fabricate false identity, Kini feels alienated from a society that expects her to return to a normal life after more than 15 years of sharply contested litigation and conflict as if nothing had happened.
While a man may battle for his honor. Trafficked women in the United States who are deeply entrenched in a web of corruption scandals may not. A woman who does will engender the sense that dissenters are excluded from society by being identified as an enemy. She will be subjected to intolerant and harassing conduct, particularly in times of crisis. The courts have erected almost insurmountable barriers to citizens’ lawsuits challenging intrusive government investigations or other abuses of power.
As a woman sex offender, Kini has sensed an implication of wrongdoing and a secrecy of suspicion has shrouded her world. She doesn’t stand a chance while the American justice system, bigger predators, bullies, and political obstruction, await to strip her bare from everything.
Organized property theft, tax evasion, anonymous letters or phone calls to employers, friends, family members, and organizations and more simply the invasion of her privacy, will always enhance the paranoia in any of her perspective circles of social life.
Deemed a gay woman sex offender, she has had to live a desperate life on the margin of survival and after bitter struggles for legal rights as a woman, it becomes intolerable to find family members have grown rich off money left to her. Plundered, impoverished, afraid to go to police, duped into exploitation and easy control, enticed by promises of work, Kini has been easy prey and at the mercy of men peeked by curiosity.
This female sex offender has been condemned to a life of prosecutions. No concept of common justice has been allowed and her deteriorated life has disintegrated her into a peasant deserving only of the most vile of employment opportunities. Excluded from the political process, she will have no rights to her children. Exclusions to Mother-Infant programs in California’s high control risk prison institutions apply and court systems will find a way to exempt a woman sex offender from child custody matters.
CONCLUSION
Can it be that Kini has been secretly indicted? The U.S. Constitution. Article I: The Legislative Branch, Section 9, Clause 2: The Privilege of the Writ Of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it.
REASONING:
Historically, the grand jury had been looked upon as a suitable device for protecting the weakness & unpopular from judicial harassment or politically motivated prosecutions. The purpose of the preliminary hearing was to weed out groundless or unsupported charges of grave offenses and to relieve the accused of the degradation and the expense of a criminal trial. Many an unjustifiable prosecution is stopped at that point, where the lack of probable cause is clearly disclosed.
The grand jury is supposed to function as a body of neighbors who aid the state in bringing criminals to justice while protecting the innocent from unjust accusation. However, both the grand jury and the criminal information have ceased to fulfill these original role-obligations and have been increasingly subject to incapacitating manipulation and abuse.
Indictment by grand jury affords none of the fundamental rights provided in a preliminary examination. Unless he is called as a witness, the defendant has neither the right to appear and present evidence to the grand jury nor to confront witnesses against him.
Furthermore, as indicated by the opening statement of Penal Code Section 939.7, the grand jury is “not required to hear evidence for the defendant,” and thus may reject such evidence at the very outset. Without hearing the evidence in the first place, the opportunity to determine whether evidence exists to “explain away the charge” is in effect foreclosed, virtually assuring the finding of an indictment under Penal Code Section 939.8 on the basis of “unexplained or uncontradicted” evidence.
CA law requires that there be an independent evidentiary determination of probable cause in an adversary proceeding before trial but no equivalent right is granted to an accused who is prosecuted by grand jury indictment.
Where an accused who is prosecuted by grand jury indictment is issued by the grand jury, the accused is not afforded the safeguard of an independent judicial evaluation of the evidence.
When the function of indictment is mated with the responsibility of determining the character of the evidence that supports it, and with the right to exclude all evidence which could explain or contradict, the result is not proper. In short, it is both derogatory of the jury’s basic purpose and devoid of fairness.
Thus a defendant who is subject to indictment by grand jury is denied the right to present evidence to explain or contradict the charge, has no right to appear or to have the assistance of counsel, and may not confront and cross-examine the witnesses against him.
SECOND SEGMENT OF REOCCURING EVENTS
Written and oral falsehoods maliciously circulated without Kini‘s acknowledgement, which were made with the intention of producing injury, and did result in injuries because they are actionable as libels, slanders, and defamatory statements were willful and intentionally done without just cause, occasion, or excuse. The quasi courts made comments not of the enacting government body. False statements injuring to mislead other persons into actions that have been detrimental. (i.e. employment, isolation, grouping, differentiation, exiling, splitting up allocation, detachment, prolonged grief, shame humiliation, despair, bullying tactics, disappointment, ghettoization, ostracism, harassment, and intimidation.) All that goes beyond the possible bounds of decency and is atrocious and utterly intolerable in a civilized community.
Just recently, Jackson v. Indiana, got his day in Court. The United States Supreme Court declared that Indiana’s statutory commitment procedures for accused persons bound to be mentally ill and unable to comprehend the proceedings against him violated equal protection and due process because they established a more lenient commitment standard and a more stringent release standard than those applicable to other persons civilly committed.
Moreover, it would be most cost effective for the State to grant Kini massive amounts of anxiety, apprehension, worry, anger, dizziness, slipping work performance while provoking short-temper with some persons, making her afraid equally of leaving the house and coming home, inducing fearfulness. Compelling social ostracism and having obstructed her legal remedies, she would suffer shame, humiliation, embarrassment, degradation and disgrace so that she could be emotionally deprived of becoming a member of a civilized society. A “civilized society” that would be more than happy to “go along with it…”.
By enhancing mental anguish or emotional distress consequent upon breaches of contract(s) in connection with sales of real property and in conjunction with being accorded the wrongful deprivation of her just bequest under her mothers estate trust by maliciously interfering with prospective rights of inheritance would all the more establish a more “lenient commitment standard.”
Neither has Kini’s First Amendment right served as the single most important safeguard against infringements on political activity or travel, but the wrongful deprivation of her Fourth and Fifth Amendments that also offer important protections has been nullified. Enforcing those guarantees has not been successful in the face of the secrecy that impedes the uncovering of improper behavior through judicially erected barriers to recovery.
In Hamdi v. Rumsfeld the Court ruled that even when exercising the power to detain an alleged enemy captured on the battlefield, due process demands that any citizen so detained must be afforded notice of the factual basis for his detention and a meaningful opportunity to respond to the charges before a neutral decision maker.
Throughout our history, verdicts have been conducted on the basis of evidence disclosed to the person, to afford her an opportunity to defend herself. Previously and subsequently, the state intended to interfere with Kini’s First Amendment rights and have engaged in a pattern of substantial noncompliance amounting to deportation proceedings without the any cost at all to the State.
The Ninth Circuit called the risk of error inherent in the use of undisclosed information “exceptionally high.”. It recalled the words of Justice Jackson in United States ex rel. Knauff v. Shaughnessy:
“The plea that evidence of guilt must be secret is abhorrent to free men, because it provides a cloak for the malevolent, the misinformed, the meddlesome, and the corrupt to play the role of informer undetected and uncorrected“. United States ex rel. Knauff v. Shaughnessy, 338 U.S. 537, 55 (1950)
In deed, the court concluded, “one would be hard pressed to design a procedure more likely to result in erroneous deprivations”
TABLE OF AUTHORITIES
The Inducement
Final Segment of Reoccurring Events
Freedom from mental distress directly caused by wanton or outrageous conduct is entitled to legal protection independent of any other cause of action (Norris v. Moskin Stores, Inc. 132 So. 2d. 321, 272 Ala. 174; Dawson v. Associates Financial Services Co. of Kansas, Inc. 529 P.2d. 104, 215; Henderson v. Ripperger 594 P. 2d. 251, 3 Kan. App. 2d. 303), and where severe mental pain or anguish is inflicted through a deliberate and malicious campaign of harassment or intimidation, a remedy is available in the form of an action for the intentional infliction of emotional distress.
The extreme and outrageous nature of the conduct may arise not so much from what is done as from abuse by the defendant of some relation or position which gives the defendant actual or apparent power to damage the plaintiff’s interests. The result is something every much like extortion.
Not far removed from Kini’s cases are the ones of bullying a school girl, with threats of prison and public disgrace, unless she signed a confession of immoral misconduct (Johnson v. Sampson (1926) 167 Minn. 203, 208 N.W. 814); in bringing a mob to the Plaintiff’s door at night with a threat to lynch him unless he left town (Wilson v. Wilkins 1930, 181 Ark. 137, 25 S. W. 2d . 428. Cf. Ruiz v. Bertolotti (1962) 37 Misc. 2d. 1059, 291 N.Y.S. 2d. 189 (hounding Plaintiff on the streets); and in wrapping up a very gory dead rat instead of a loaf of bread, for a sensitive soul to open. (Great Atlantic & Pacific Tea Co. v. Roch (1930) 60 Md. 189, 153 A. 22)
In decoying a woman suspected of insanity to a hospital by a concocted tale of an injured husband and child (Savage v. Boies (1954) 77 Ariz. 355, 272 P.2d. 349); in spreading the false rumor that the Plaintiff’s son had hanged himself; (Bielitski v. Obadiak 1921, 61 Dom. L. Rep. 494); Kini’s cases do not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities (as the rough edges of our society are still in need of a good deal of filing down) but that she has been necessarily expected and required to be hardened to a certain amount of rough language, and to acts that are definitely inconsiderate and unkind.
She had suffered conduct that has been so outrageous in character and so extreme in degree for so many years, it has resulted in continuing violations manifested in a number of incidents as to go beyond all possible bounds of decency.
In Samms v. Eccles (1961) 11 Utah 2d. 289, 358 P. 2d. 344; Halio v. Lurie, 1961, 15 A.D. 2d. 62, 222 N.Y.S. 2d. 759 an invitation to illicit intercourse, insufficient in itself, becomes extreme outrage when it is prolonged or repeated to the point of hounding, and accompanied by advertising in the form of indecent pictures or exposure; Where a man who had jilted a woman wrote her jeering verses and taunting letters; and Tate v. Canoica, 1960, 180 Cal. App. 2d. 898, 5 Cal. Rptr. 28; Where a man was driven to suicide by threats and accusations not set forth.
THE PRETENSE: SET UP
Human Trafficking:
Trafficking is when somebody is forced through deception, coercion, threats or actual violence into forced labor or exploitation. When you're talking about sexual exploitation, you're obviously talking about people who are trafficked into forced prostitution. That's not only sexual exploitation, but all other forms of trafficking into labor exploitation as well.
False promises were made to Kini regarding job opportunities in the paralegal field. Essentially, she was recruited in the latest movement of women called the fourth wave where law makers swear on a bible and pronounce, "This is a legitimate job!” In this situation, Kini had no idea what conditions she would be forced to work under. And, some of the worst, nastiest individuals that Kini filed legal briefs with were with female judges They were even more scary than the pimps, female brothel owners or female managers of brothels, or traffickers' wives and accomplices. ...
The failure of the American Justice system and U.S. Government to help her amounts to being forced into a situation like prostitution. As a result of the entrapment, Kini was snared into trafficking by the means of an illegal plea bargain that she signed under force, duress, and undue influence that gave her an illicit label in 1998; A “high control risk sex offender”.
Kini contends that the State has to take responsibility for the fact that it is they who put her there in the first place. They are part of that chain, and they are no less guilty than that of other kinds of traffickers.
It was a completely hidden type of crime. Not just one person or one group of people who all work together at one time; it is a chain. Physical force was used in this modern-day slavery, involving a form of forced, defrauded or coerced labor and sexual exploitation. Her children were trafficked throughout the State as well. She had no idea that she was going from bad to worse. It has to do with the fact that trafficking has a lot of parallels with domestic violence.
Kini had been documented as a criminal and then deported to Susanville, California. It came to law enforcement's attention because Kini was to register as a sex offender for the rest of her life. She claimed asylum; it was refused.
After attempting access to the American Courts of Justice numerous times and years, the United States government did nothing to prevent or stop this form of trafficking. Kini tried to get her live back after being forced to suffer abuse with the risk resulting in serious bodily injury by being forced to live in an extremely hostile environment that she sensed was the result of a demand for sex.
There were plenty of reports that these traffickers, the State, had for initial assessment and could process. Stuck in the system, because the asylum process takes far too long to get through, the major areas of support were that she needed help immediately for her physical health and physical safety first.
Asserting her First Amendment rights while trying to expunge the sex offender status and recovering collateral damages, the police told Kini in an indirect kind of way, that if she continued to drive without a driver’s license and insurance she would be locked up. In fact, she had a perfect driving record. She might as well be locked in her home indefinitely. If you have all these things working against you, then there is no need to lock somebody in physically.
Having been trafficked for a long period of time, having terrible psychological scars, and it being very difficult to know what to do or who to trust, Kini needed time just to begin to recover. So, after she lost her only tool that gave her a sense of safety, her drivers license, from the abuse with the risk resulting in serious bodily injury, she then sought asylum in the State of Oregon where she hoped, inter alia that she could take care of her health, dentistry, and psychological well-being.
If the traffickers had used dirty tricks to foment internal dissent to threaten her and her family; Kini felt slightly more physically safe in terms of being able to venture out in the mountains and be somewhat free of the abuse with the risk resulting in serious bodily injury she encountered at the Coldwell Banker properties as a result of being a high control risk sex offender. There were so many different things going on, and she had to start fixing them as soon as possible.
Usually these traffickers have connections to the families and know exactly where they live. As clever as the traffickers' network are, they located Kini in the mountains of Oregon. The trafficking ring couldn’t be broken, the resistance to a reflection period from the government was only allowed for one year. She was summoned back to the very same Court that has been responsible for placing her at the hands of abuse with the risk resulting in more serious bodily injuries for yet another prosecution. What she’s talking about is some pretty dangerous individuals who have long arms that stretch all the way to hometowns and then they re-victimized Kini again by deporting her back to California.
The network at the Eastern District Federal Court in Sacramento was about to punish Kini for the extortion she suffered while everything was in a state of crisis; Threatened by the traffickers, previously; the traffickers threatened to place her in another abusive situation with the risk resulting in serious bodily injury. Kini had it beaten into her that if she did not cooperate in another illegal plea bargain, threats of abuse with more risks resulting in serious bodily injury would be carried out. These were not idle threats.
Kini contends that she was treated as a commodity for abusive purposes. As property to batter and control with psychological abuse, physical abuse and demands for sex. Kini was treated like an animal and just passed from person to person to plunder and pilferage resulting in destitution for the sole purpose to be forced to plead for food, beg, and be exploited through a sense of demands for sexual favors.
Her own family is involved, or at least complicit, in the trafficking by plundering her monies that she needed to be gainfully employed. Kini doesn’t want to be in any city and doesn't want to have sex with the men who live there, and if you don't want to have sex and are forced to, that is rape.
Understandably, we now know why Kini has been denied her money. The State wants to keep Kini slim, trim, and in shape for the labor conditions that await her fate. She may have refugee status now. But, how long will that last? On a more structural basis, there is a demand for people to carry out various types of work -- domestic work, agricultural work -- and that demand cannot be met by the indigenous population at pennies per hour.
REVICTIMIZED YET AGAIN BY THE SYSTEM, SO SHE HAS NO RECOURSE TO ANYTHING BECAUSE SHE IS DRIVING ILLEGALLY
It‘s like... They begin their indentured slavery owing a small sum, and then they get to the point where they actually pay off the this sum, but then the brothel owner sells her to someone else, to another brothel, and it starts all over again. They get into debt bondage, and they never get out, or the brothel owner will say, "Well, you know what? You didn't do a really good job with that guy on that day, so you have a $1,000 fine." A thousand-dollar fine is 10 or 15 to 20 guys, and it goes on and on: "Oh, you have to pay for your lodging, ... and then you have to pay for your food."
... They get enslaved and have to pay for things at exorbitant prices. That's why they come out with no money. Sometimes they're given a little bit of money, because at some point these guys know that these women will give up, so they give them a little bit occasionally to send home.
These governments don't have a moral conviction. ... They've allowed this to go on year after year after year knowing full well their slaves will eventually submit to whatever tactic of abuse.
THE RESULT
Organized crime realized the many resources that they could go in and exploit. Through the use of an illicit label of “high control risk sex offense”, a form of human trafficking has been implemented and can be used as a multi-dimensional threat: It deprives people of their human rights and freedoms. It is a global health risk, and it fuels the growth of organized crime. This form of human trafficking has a devastating impact on individual victims, who often suffer physical and emotional abuse, rape, threats against self and family. Organized crime knows this is a field [they] can exploit.
Kini would be unemployable; desperate; destitute. ... They confiscated or caused to be pilfered everything from Kini’s wrongful deprivation of her just bequest under her mothers estate trust estate inheritance of $100k, real properties, auto’s, trucks, animals, and other personal and private properties. The State granted Kini absolutely no protection. They have cause Kini to lose faith, endure hopelessness, to give up so that she would service their men, a form of sex tourism.
The complicity and complacency of these issues make it easier to traffic women than drugs or weapons. The State realized that there's a lot of money to be made on one woman. It's been a free-for-all.
The U.S. State Department says they're doing their utmost to stop the trafficking?
No, they're not, because if they were, Kini would not be suffering another prosecution and she would have been a statistic a long time ago. They don't do anything but dismiss case after case despite the desperate pleas of urgency. These kinds of countries should be rated at the bottom of the barrel.
Trafficking isn't only a high-profit business; it's also a low-risk business. The State has at its disposal immoral earnings, that's a much less serious crime than trafficking with far lower penalties, so it really doesn't reflect the nature of the crime whatsoever. Numbers of prosecution are extremely low, and so traffickers to a large extent can act with impunity while disregarding the basic issues of inequality, discrimination, of gender inequality, of poverty.
The amounts of money that people can earn when they're in forced labor, whether in prostitution, whether as domestic workers, whether as construction workers, who have to pay their traffickers, can be significant amounts of money.
It only becomes a human rights violation, only becomes trafficking, when people are forced to work in prostitution when they have no choice, when they are coerced, when they are deceived, when they are threatened through violence, psychological threats or whatever.
Throughout the world, trafficked women are seen as prostitutes. That's the trigger word. They've been used by men, and they're making money the easy way, and they're seen by these judges ... as prostitutes. completely destitute, having been used by these traffickers.
A lot of these guys use intimidation factors. ... There are Judges out there who will teach this specific person a lesson, but they'll never teach it while someone is alone. They make sure 20, 30, 50 or others being held in the breaking ground see it. You want to fight me? You don't want to submit to what I just told you to [do]? Let's get six guys and hold her down, and they make her submit to every indignity in front of new friends. Many times Kini was told that she could endure death as a result of making such trouble. Now, her friends just take it for granted they may never see her again for one reason or another.
Many of the USA PATRIOT Acts’ changes to the government’s ability to prosecute terrorism fit within the traditional approach toward law enforcement. These changes increase the scope or power of the government’s prosecutorial arsenal but do not change the basic approach to the definition of crimes and attempts.
The PATRIOT Act adjusts the meaning of domestic and international terrorism under the Anti-Terrorism Act, 18 U.S.C. § 2331 (2005), and augments various definitions of terrorist-related crimes used throughout the United States Code.
Section 802 changes the activities that are international terrorism under the Anti-Terrorism Act, 18 U.S.C. § 2331 to include activities appearing “intended to affect the conduct of a government by … kidnapping.”
Furthermore, section 802 adds the definition for domestic terrorism. section 802 uses the following language:
The term ‘domestic terrorism’ means activities that…involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; appear to be intended…to intimidate or coerce a civilian population;…to influence the policy of a government by intimidation or coercion; or…to affect the conduct of a government by … kidnapping; and…occur primarily within the territorial jurisdiction of the United States.’’
Part of the federal law against terrorism, 18 U.S.C. § 2332b (2005), prescribes separate penalties for activities that transcend national boundaries and result in crimes of terrorism within the United States. Section 808 redefines acts of terrorism that transcend national boundaries.
See Jose R. Almonte, For the Sake of National Security: The Scope of the United States Attorney General's Authority in Light of 8 C.F.R. 236.6, 56 Rutgers L. Rev. 817 (2004) (pointing out that the Attorney General has received immense power through the PATRIOT Act, including with section 808). Section 809 eliminates the statute of limitations for any federal crime of terrorism (as defined by 18 U.S.C. § 2332b(g)(5)(B) and as amended by section 808) for instances in which “the commission of such offense resulted in, or created a foreseeable risk of, death or serious bodily injury to another person’’.
The USA PATRIOT Act makes other adjustments to the penalties associated with various already-existing crimes. The Act also establishes in section 811 equivalent sanctions for conspiracy and some underlying offenses as is done in some, but not all, other federal criminal statutes.
And finally, section 812 amends prior law limiting the length of supervised release imposed on a convicted defendant in addition to his sentence. (Supervised release is similar to parole but it is usually imposed in addition to rather than in place of a prison term.) Section 812 provides for a supervisory release term of life or any terms of years following convictions for a federal crime of terrorism as defined in 18 U.S.C. § 2332b which resulted in death or involved a foreseeable risk of death or serious bodily injury, whereas prior law capped the length at five years for most crimes and violations. 18 U.S.C. § 3583.
PATRIOT Act Provisions
The prior definition of international terrorism to “intended to affect the conduct of a government by … kidnapping. Has implications for any current law the effect of which depends on the functional definition of “international terrorism” including 18 U.S.C. §2333 (802)
Amends the definition of “federal crimes of terrorism” found at 2332(b)(g)(5)(b) for consistency with the term’s use in various other sections of the PA. This section’s definition of terrorism is relevant to a prohibition on acts of terrorism transcending national boundaries. The Section drops a number of less serious crimes from the definition and places several more serious crimes within US jurisdiction. (808)
Eliminates the statute of limitations for any federal crime of terrorism (as defined by 18 U.S.C. 2332b(g)(5)(B) as it is amended by 808) for any federal crime of terrorism that risks or results in death or serious bodily injury. Establishes equivalent sanctions for conspiracy and the underlying offense in cases (as is done in some, but not all other federal criminal statutes) (811)
Adds various terrorism offenses to the predicate offense list for RICO which proscribes acquiring or operating, through the patterned commission of any of a series of predicate offenses, and enterprise whose activities affect interstate or foreign commerce (813)
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Trafficking Victims Protection Act of 2000, Div. A of Pub. L. No. 106-386, § 108, as amended.
For purposes of this chapter, the minimum standards for the elimination of trafficking applicable to the government of a country of origin, transit, or destination for a significant number of victims of severe forms of trafficking are the following:
The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking.
For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or of trafficking which includes rape or kidnapping or which causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault.
For the knowing commission of any act of a severe form of trafficking in persons, the
government of the country should prescribe punishment that is sufficiently stringent to deter
and that adequately reflects the heinous nature of the offense.
(1) the term "international terrorism" means activities that - (A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State;(B) appear to be intended - (i) to intimidate or coerce a civilian population;(ii) to influence the policy of a government by intimidation or coercion; (3) the term "person" means any individual or entity capable of holding a legal or beneficial interest in property;(4) the term "act of war" means any act occurring in the course of - (A) declared war;(5) the term "domestic terrorism" means activities that - (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;(B) appear to be intended - (i) to intimidate or coerce a civilian population;(ii) to influence the policy of a government by intimidation or coercion; or(C) occur primarily within the territorial jurisdiction of the United States.
AMENDMENTS
2001 - Par. (1)(B)(iii). Pub. L. 107-56, Sec. 802(a)(1), substituted "by mass destruction, assassination, or kidnapping" for "by assassination or kidnapping". Par. (5). Pub. L. 107-56, Sec. 802(a)(2)-(4), added par. (5).
EFFECTIVE DATE
Section 1003(c) of Pub. L. 102-572 provided that: "This section [enacting this section and sections 2333 to 2338 of this title, amending former section 2331 of this title, and renumbering former section 2331 of this title as 2332] and the amendments made by this section shall apply to any pending case or any cause of action arising on or after 4 years before the date of enactment of this Act [Oct. 29, 1992]." Pub. L. 107-197, title II, Sec. 201, June 25, 2002, 116 Stat. 724, provided that: "This title [enacting section 2339C of this title and provisions set out as notes under section 2339C of this title] may be cited as the 'Suppression of the Financing of Terrorism Convention Implementation Act of 2002'."
Last modified: April 13, 2006
References:
http://www.usdoj.gov/olp/generalcrimes2.pdf
http://www.state.gov/documents/organization/33216.pdf
Virginia Heffernan New York Times
Joanna Weiss Boston Globe
Jim Bawden Toronto Star
U.S. criminologists, Howard Abadinsky
State Department's Office to Monitor and Combat
Trafficking in Persons www.state.gov/g/tip
Victor Malarek Who wrote: The Natashas: Inside the New Global Sex Trade (2003)
DOJ has focused on increasing the number of trafficking victims rescued and the number f prosecution and convictions of traffickers.
The Department of Health and Human Services (HHS) is certifying trafficking victims so that they may qualify for the same assistance available for refugees. HHS is running a
major public awareness campaign to alert victims in the U.S. that help is available through the hotline number 888-373-7888
The Department of Defense has implemented a zero-tolerance stand against any actions by Defense personnel that contribute to human trafficking and is instituting a service-wide mandatory training program.
The Departments of Labor and Homeland Security, USAID, and other government agencies are executing action plans to combat human trafficking.
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