Tuesday, January 13, 2015

A crash course in crimlaw for Mary Gasparini


Any 1st year law student is exposed to this hypothetical in criminal Law 101".

An individual decides to shoplift. He or she steals from a store and manages to leave the store unnoticed.

When the thief is safely in the parking lot, he or she is suddenly gripped by remorse, goes back to the store and surrenders the stolen item. 

The store can still prosecute the thief.

The crime is complete - and prosecutable - once the individual acts with the requisite state of mind (knowingly, intentionally or recklessly, for different crimes).

So, when my disciplinary prosecutor submitted fraudulent charges to the court and obtained a denial of my cross-motion by stating that her charges were in good faith, and now obtained a decision on liability against me based on the fraudulent charges (unlawful, since it was made by a referee without authority to make such a decision, but still a decision which may stick in our habitually lawless world, as far as critics of judicial misconduct like me are concerned), it is too late to unring the bell.

The crimes were committed, the liability has accrued.

With the exception that I cannot suspect Mary Gasparini of remorse, it is an attempt to save her hide after being sued for fraud and fraud upon the court, especially that I sued her in a jurisdiction that has a recent mandatory precedent that excludes "prosecutorial immunity" for her when she prosecuted me for NOT practicing law without a license.

And, in federal criminal world, what Mary Gasparini and the crew are doing, in my legal opinion, falls under the definition of RICO - using the court system and the disciplinary system as a criminal enterprise involved in racketeering.

Once again, this is my legal opinion, because, I believe, the elements of RICO are satisfied.

Whether Mary Gasparini and the crew are going to be prosecuted for that though, is the matter of discretion of the U.S. Attorney's Office, where my fate and the crime committed against me and my family may weigh too low against the chance of ruffling too many feathers of the establishment in the New York state government on many levels.

But, one never knows at what stage in one's career one's sins will be called to the fore and when one would be sacrificed as a scapegoat by his or her masters...

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