Homeless and Penniless Because of No Justice
My question involves civil rights in the State of: Michigan, mostly, but there are three other states involved; Colorado, California, and Idaho. I’m in a twenty year battle against financial and real estate crimes, ongoing, which I have continuously reported to the proper authorities all this time.
They ignore me, won’t even investigate.
And I know why; a very prominent leader in this country is involved and they are protecting him.
I’m now in the process of filing an FTCA Claim against the USA, because of the FBI’s GROSS NEGLIGENCE. I’ve already had a judge say I must file against USA not FBI in this type of claim.
My question besides filing against USA who do I name in the suit? Would it be the Attorney General?
Re: Homeless and Penniless Because of No Justice
I'm sorry, but there is no right to have someone prosecuted. Criminal prosecution is not "victim vs. criminal." It is society that is harmed and the state represents the population as a whole when they proceed with such.
If your argument is that you suffered some injury because of the FBIs failure to investigate, that claim will go nowhere. Your first step (you apparently have heard of the FTCA) is to file a claim with the agency. You don't need to name anybody, just the name of the agency you allege caused the damage. You can use the SF95 form for this.
Note that there's a two year limitation period on making such claims.
Re: Homeless and Penniless Because of No Justice
Thank you Flyingron, yes I have already sent form 95 to the General Counsel of FBI; I have until November 23, 2020 to file a lawsuit, however I’m not clear on to whom I’d send my complaint while filing in the District Court of Eastern Michigan? I’ll be naming the USA, and send a copy to the Attorney General at the same time, adding the FBI general Counsel as well? This is the part I’m confused about. Appreciate any input on this...thank you.
Re: Homeless and Penniless Because of No Justice
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MsDBD
My question besides filing against USA who do I name in the suit? Would it be the Attorney General?
No way to know if there any other persons to name in your lawsuit since you provided little information as to the details of your claim.. As for a Federal Tort Claims Act (FTCA) lawsuit that is always done with the United States as the defendant after you first make your administrative claim to the relevant federal agency and have that claim denied. Once you file the lawsuit you need to provide copies to the U.S. attorney for your district in Michigan and to the U.S. Attorney in Washington DC. See Federal Rule of Civil Procedure 4(i).
However, if your claim is solely that the FBI was negligent in pursuing your criminal complaint I think you will find that the DOJ will move to dismiss your complaint for failure to state a claim under Rule 12(b) and that the court will grant that motion. The FTCA does not allow for claims in which the government employee failed to execute his/her discretion properly. 28 U.S.C. § 2680(a). The decisions whether to investigate a complaint and how any investigations are to be done are acts of discretion; no federal law mandates that the FBI must investigate every complaint it receives nor does federal law specify how the FBI is to do its investigations. The law leaves those decisions to the FBI. Because it is an act of discretion you cannot sue for that under the FTCA. Thus, as a federal district court explains:
Generally, the discretionary-function exception covers law enforcement and investigatory activities. See Hobdy v. United States, 968 F.2d 20 (10th Cir.1998)(Table), 1992 WL 149871, at *2. For example, in Pooler v. United States, 787 F.2d 868, 871 (3rd Cir.), cert. denied, 479 U.S. 849, 107 S.Ct. 175, 93 L.Ed.2d 111 (1986), the United States Court of Appeals for the Third Circuit found the discretionary-function exception covered alleged deficiencies in investigative methods that led to the plaintiff's arrest. In so doing, the Third Circuit further stated: “Prosecutorial decisions as to whether, when and against whom to initiate prosecution are quintessential examples of governmental discretion in enforcing the criminal law, and, accordingly, courts have uniformly found them to be immune under the discretionary function exception.” Pooler v. United States, 787 F.2d at 871. This enforcement and investigatory discretion implicates policy factors on how to best achieve the agency's goals and mission under the statutes and regulations it is responsible for administering. See Kelly v. United States, 924 F.2d 355, 361–362 (1st Cir.1991)(noting that decisions to investigate are at the core of law-enforcement activity and are protected by the exception); Doherty v. United States, 905 F.Supp. 54, 56 (D.Mass.1995)(explaining that process of deciding how and when to seek a search warrant is grounded in policy considerations).
Cortez v. E.E.O.C., 585 F. Supp. 2d 1273, 1286 (D.N.M. 2007).
Even if you did not have that hurdle, in a tort case the plaintiff must be able to show that the defendant owed a legal duty to him/her, in this case the legal duty being to investigate the alleged crime. But the courts have generally held that the victims of crimes are not owed a duty to them individually to have the crimes against them investigated. The duty of law enforcement is one to society at large rather than to the victims personally. As a result, the victims generally do not have a good tort claim for the failure of a law enforcement agency to investigate the crimes against them.
I urge you to see an civil litigation attorney who is familiar with claims against the government to see if you have any good claims to make against either the state or federal government and what claims you might have against private persons. As you've not described the details of what your claims would be I cannot comment if there is a good claim here somewhere. Also, as the activity has been going on 20 years, some of your claims may face statute of limitations problems, and the longer you wait to act the more likely it is that more claims that you might have will be barred by the statute of limitations. All I can tell you based on what you've said here is that suing the federal government on a claim the FBI was negligent in investigating the alleged crimes against you will face dismissal because whether and how to investigate a crime is a discretionary act. You'd need to point to some failure to do something the law mandates the agency do to get past that hurdle. But even if you can't pursue that, you might have other claims you can pursue.
Re: Homeless and Penniless Because of No Justice
Thank you Taxing Matters and I apologize for not being more forthcoming in my question. I should tell you that the crimes committed against me have been ONGOING for twenty years and involve an 80M$ Trust that was embezzled and with each report I made to the FBI I end up with more crimes committed against me until I was living in the streets.
I have been purposely targeted and continue to be because, I believe, the FBI is protecting the person behind all the crimes. This whole issue is an assault to my Civil Rights.
As I wrote earlier in this thread, I have a judge who has ordered me to file an FTCA Claim against the USA.
All I want to know is basically what address do I use when filing against the USA? Do I add the Attorney General and send to the address of the DOJ? Do I send copies of this complaint to the General Counsel of FBI as well?
All the other issues you bring up have long ago been addressed,by a judge, and there are no statute issues for ongoing crimes and continuous fraud. I have the right to hold the USA responsible for the Gross Negligence of the FBI, while my case does concern the public, when UBS Paine Webber refuses to give me my account statements even after two judges subpoenaed them. In fact this kind of crime, embezzlement , by a national financial institution concerns us all.
Re: Homeless and Penniless Because of No Justice
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MsDBD
As I wrote earlier in this thread, I have a judge who has ordered me to file an FTCA Claim against the USA.
I think that unlikely. The judge may have told you that a lawsuit under the FTCA cannot be pursued against the FBI but must instead be pursued against the United States. That's simply a statement of the law. But the judge would not have ordered you to file such a lawsuit. A judge has no such power. It's up to you whether to file a lawsuit or not.
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MsDBD
All I want to know is basically what address do I use when filing against the USA?
I gave you the link to the FRCP rule that tells you what you need to do. You need to send copies of the complaint to both the Attorney General in Washington DC and the U.S. Attorney's Office for the federal court district where you are filing the lawsuit. So if the lawsuit is to be filed in the Eastern District of Michigan, you'd send a copy to the U.S. Attorney for the district of Eastern Michigan.
The address for the Attorney General in DC is:
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
You may want to contact the FTCA division of the DOJ to see if there are any special instructions to follow given the current covid-19 restrictions.
The address for service of the U.S. attorney will depend on the district in which you will file. Again, check with that office for any special covid-19 instructions. For the Eastern District of Michigan, for example, see the U.S. Attorney's covid-19 notice where it states that you should send a copy both by mail and by e-mail to a specific e-mail address set up just for new civil filings.
Because a FTCA claim is against the United States and not against a specific agency you need not send a copy to the agency, but it wouldn't hurt you if you do copy the agency.
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MsDBD
I have the right to hold the USA responsible for the Gross Negligence of the FBI
Not all claims that you might bring against a private person or entity may be brought against the federal government. When it comes to money claims against the federal government, you must state in your complaint the particular law that waives the government's sovereign immunity and allows for the lawsuit. The FTCA is a waiver of immunity for tort claims, but that waiver has exceptions to it, including the discretionary act limitation that I discussed earlier. When bringing a FTCA claim, you must therefore be mindful of those exceptions.
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MsDBD
when UBS Paine Webber refuses to give me my account statements even after two judges subpoenaed them. In fact this kind of crime, embezzlement , by a national financial institution concerns us all.
Refusing to give you the statements is not itself a crime. The failure to obey a subpoena can lead to the court imposing contempt of court sanctions on the offending party, including potentially confining the offending party, until the order is complied with. It would have been up to you to seek contempt sanctions. Did you ask the courts that issued the subpoenas to hold the bank and the responsible employees in contempt? A contempt order typically prompts very fast compliance by banks.
Re: Homeless and Penniless Because of No Justice
Yes, of course Taxing Matters, Paine Webber needed to be held in contempt, I had n attorney then who purposely didn’t take the correct steps in my lawsuit. Why? Well I believe this is because of the person who is at the bottom of the original crime, my attorney and relative, who handled my funds and advised I create a trust.This man is very prominent in this country, and the many attorneys and law firms I’ve hired have either been paid off to withhold evidence from the judges, or decided to protect this official as a form of respect? I don’t know. But I have been stalked with serious ongoing crimes for years; many coming from those you say have immunity.
I really appreciate your answers and input; you have been very helpful...thank you so much.
Another question; would I be better off filing a Civil Rights case against USA? The judge put in his written order that I file against the USA. I had originally filed against FBI.
One of the reasons I’m filing Pro Se is because I have been inendated with attorneys and law firms who decided to defend the criminals that committed all the horrendous crimes against me, instead of perusing these criminals for me as my attorneys; attorneys I hired.
As one example, my last attorney literally stole my two million dollar home from me along with most of it’s contents.Yes, I have proof and more proof the judge was in on it. I no longer have choices. I must handle this now on my own, so I sure appreciate all your great advice
Last but not least, I thought the nature of an FTCA Claim removes immunity?
Re: Homeless and Penniless Because of No Justice
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MsDBD
Another question; would I be better off filing a Civil Rights case against USA?
As I don't know what exactly it is that you allege the federal government has done I don't know if there were any civil rights violations. I can tell you that simply failing to investigate an alleged crime is not a civil rights violation, however.
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MsDBD
The judge put in his written order that I file against the USA. I had originally filed against FBI.
If the claim was a tort claim against the federal government and you named the FBI the judge would dismiss that claim because you didn't name the proper party. In a FTCA claim you have to name the United States, not the specific agency involved. That's just how the statute is drafted. The court in that instance is not telling you that you have a good claim against the government. It is simply telling you that you made a procedural mistake in the lawsuit and what you need to do to fix that particular mistake.
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MsDBD
Last but not least, I thought the nature of an FTCA Claim removes immunity?
The FTCA does waive sovereign immunity for the federal government for many types of tort claims. Negligence claims are one type of tort claim. The problem is that the FTCA does not waive immunity for all tort claims. There are some kinds of tort claims that the FTCA excludes from the waiver of sovereign immunity, which means that you cannot sue the federal government for those particular claims. One of those, as I've mentioned, are claims of negligence in performing a discretionary act.
Re: Homeless and Penniless Because of No Justice
Thank you Taxing Matters; however I have learned,through my research, that Negligence and Gross Negligence are all one can claim against the FBI in a FTCA Claim, when in fact I believe they committed far more than this in their pursuit of protecting the person originally responsible for the embezzlement of my trust, and the ongoing “Mafia Hit” type crimes that continue to come after me...today.
My case really is a Rico case with continuing crimes coming after me almost daily. Where am I supposed to turn?
Where does one go when it’s the authorities committing the crimes and professionals, other attorneys, protecting them and more authorities protecting them all?
How does the FBI get immunity from crimes that started against me in 1999 and with each report to them I would end up with another serious criminal act? I had 80M$s embezzled by Paine Webber, with trustees and money managers involved and federal crimes committed into Canada involving the 80M$s, then I continued to experience crimes until all my property was illegally taken; since 2017 I’m now experiencing stalking and targeting...all likely being committed by FBI?
I’m 71 years old now, and I’ve been reporting crimes that concern the whole of the public to the FBI since 2001. I think the public would like to know that UBS Paine Webber embezzled funds from their client, and knew those funds were illegally involved with a sale of business sold to a Canadian business unaware that money had been laundered into the business they purchased.
So what is my way around all this?
What can I hold the FBI responsible for..in your opinion?
Probably what you should ask is who the prominent person who started the crimes committed against me is?
Re: Homeless and Penniless Because of No Justice
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MsDBD
Thank you Taxing Matters; however I have learned,through my research, that Negligence and Gross Negligence are all one can claim against the FBI in a FTCA Claim, when in fact I believe they committed far more than this in their pursuit of protecting the person originally responsible for the embezzlement of my trust, and the ongoing “Mafia Hit” type crimes that continue to come after me...today.
A negligence claim may be asserted against the federal government in a FTCA lawsuit for a lot of things, but there are some claims of negligence that are not possible to bring because they are excluded under the FTCA. Discretionary acts are one of things that are excluded from the FTCA waiver of sovereign immunity. Calling it gross negligence doesn't get you around that particular exclusion.
So the failure of the FBI to investigate a criminal complaint is not actionable under the FTCA because the FBI has the discretion whether to investigate a crime or not.
Now you are alleging that after you made the complaints you suffered "serious criminal acts" and you think those acts were prompted by the FBI. But do you have any actual evidence that the FBI was behind whatever act that occurred? The details of that would be important to determining what, if any, claim you might have for that. That's something quite different from a simple failure to investigate a crime. You have to be specific in your complaint about what the facts are that support your claim and ensure that your claim is one that falls within the FTCA.
Understand, too, that most cases of embezzlement are not federal crimes. They are state crimes. If your claims of embezzlement would not amount to a federal crime there is nothing the federal government can do about that. You'd need to make the complaint to local police and prosecutors for embezzlement that violates state law.
I suggest you not name the prominent person you allege is responsible for all this in this forum or any other.
Re: Homeless and Penniless Because of No Justice
I have called local sheriff and police in four different jurisdictions for over twenty years. One said an 80M$ embezzlement isn’t important enough to investigate. This in spite of the fact that UBS Paine Webber concerns all citizens in this country who do business with them.
We live in a very sick country in the USA; crime takes place because the authorities do nothing and the criminals are often the same people... the authorities.
Not to worry I won’t expose the authority who committed all these crimes against my trust and myself. I’ll just say he was an authority, and I will fight for justice until I get it and see this person in prison.
The USA is responsible for the fact that this authority is one of their employees. And he was the first to allegedly embezzle from me.
Also I never heard back from the FBI after the form 95, which allows me to sue them.
Then again is an authority immuned to prosecution after embezzling a trust he recommended to his client?
Re: Homeless and Penniless Because of No Justice
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MsDBD
Also I never heard back from the FBI after the form 95, which allows me to sue them.
When the agency either denies your claim or does not respond within 6 months after filing the claim then you have met your requirement for the administrative claim part of the process and can then file the FTCA claim in district court.
Re: Homeless and Penniless Because of No Justice
Yes, this is what I understand to be true Taxing Matters. I also can tell you that my case does concern the whole of the public because the national financial institution that held my trust was involved with embezzling my funds, which were laundered into a US business that sold to a Company in another country. So the case concerns all Americans obviously doing business with this financial institution, and my funds laundered into a business which was sold to another business in another country would make this case a federal concern...no? Also I believe I can prove the FBI didn’t follow normal procedure in ignoring my many claims reported to them through 2019, as each crime took place.
Correct me if I’m wrong please.
Again thank you for your time
Re: Homeless and Penniless Because of No Justice
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MsDBD
So the case concerns all Americans obviously doing business with this financial institution, and my funds laundered into a business which was sold to another business in another country would make this case a federal concern...no?
The embezzlement of your money was likely a state crime, not a federal offense. If the institution engaged in money laundering that would potentially be a federal offense, but not one committed against you. Money laundering has a very particular definition, and what you think is money laundering may not be.
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MsDBD
Also I believe I can prove the FBI didn’t follow normal procedure in ignoring my many claims reported to them through 2019, as each crime took place.
The FBI has it own internal procedures for investigating complaints. But those procedures are not mandated by law and the failure of the FBI to follow its own procedures in deciding what cases to pursue would not give you a good civil claim against the FBI because, again, the FBI has discretion in which cases to pursue and thus the Federal Tort Claims Act does not cover claims that the FBI (or any federal law enforcement agency) was negligent in its decision not to investigate.
Re: Homeless and Penniless Because of No Justice
Correct me if I’m wrong, but I believe the FBI investigates RICO cases especially when prominent leaders of the USA are involved.... would this be correct? There’s also wire and mail fraud involved. And what about if this laundered money came from a trust and the trustees embezzled and laundered these funds into a failing USA business to beef up the value, then sold this business to a Canadian corporation. Doesn’t this make the crime federal? Then the RICO continues as with attorneys who purposely withheld information from the judge, while the judges were also involved with hiding these crimes...all to obviously protect this famous person who is my original attorney, advised my trust and was instrumental in embezzling my funds as my attorney.
So you’re saying the FBI doesn’t have to investigate because they have immunity, I presume, well that’s a license to steal from anyone, or hide others crimes as a favor.
There must be a way around this? What is it?
What then?