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Author Topic: Legal Reasoning  (Read 167649 times)

razorlife

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Re: Legal Reasoning
« Reply #200 on: July 13, 2007, 10:43:04 PM »

Mafia will launch intense campaigns to find and kill anyone who turns government witness and disappears into the program, or even try to harm those who protect them. Despite Marshals Service helping these witnesses obtain new Social Security numbers, open bank accounts, etc, they are still tracked down and often executed. Plus, there is an additional risk: a person whose past is erased could easily travel or make transactions undetected and engage in criminal activity with potentially catastrophic consequences. 
 

;)

lex parsimoniae

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Re: Legal Reasoning
« Reply #201 on: July 20, 2007, 09:48:26 PM »

No wonder, then, why the production and traffic of forged bills is so actively repressed and so heavily punished -- to a far greater extent, for instance, than are theft or embezzlement.


Well, the answer can only lie in this -- that is, the Symbolic, of which money is precisely a representative -- ought to circulate. The very durability of the social cultural system is at stake here, for this system could be overturned or even destroyed by the proliferation of false references that are necessarily excluded from any form of legal and symbolic guarantee.

Forged currency is a parody: it apes, as it were, real currency, and renders this ridiculous in much the same way as an ape imitating a man makes fun of the latter. And as one cannot make fun of symbolic guarantees with impunity, the proliferation of forged currency is anything but neutral: not only economic values but equally ethical and juridical values, etc., soon appear as suspicious since currency is the expression of a global sovereignty.

Such considerations give support to the idea that it is impossible to completely trust the Symbolic, however absolutely indispensable this may otherwise be to Man. It may well be the case that the true bears the false within itself, but, more generally, money is never able to pay for or replace those minute fetishes (trivia, memories, etc.) that are so dear to us and which testify, over the course of our lives, to the absence of the fundamental object of desire (the proof that one cannot buy everything).


Digital cash presents an additional problem. Although payment with forged electronic currency could be construed as an act of theft or fraud, the very act of forging the electronic cash -- for example cracking the computer protections and copying the bits in the wallet on the hard disk -- is prima facie not prohibited by criminal law. A revision of the law is therefore necessary in order to make it clear that forging digital currency is just the same as forging bank notes.


Very interesting!

christianity

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Re: Legal Reasoning
« Reply #202 on: July 21, 2007, 06:55:55 AM »

Not to mention the hitman-turned-informator who helped the FBI jail John Gotti. Salvatore "Sammy The Bull," a New York mafioso responsible for 19 murders, was controversially offered a new life by the Feds after he agreed to testify against his boss John Gotti. Gravano was given a light jail sentence of 5 years, put on the federal witness protection programme and given a new life in Arizona.

Rosanne Massa, whose brother was killed by Gravano, said: "If evil had to take on human form, Sammy is it." All of his victims were incredibly hurt that the government made a deal with him, freeing him from prison after he had committed 19 murders. They were utterly betrayed. The FBI said the original deal with Gravano was a price worth paying to jail its number one target - his boss, the Gambino godfather John Gotti. He had earned the nickname The Teflon Don because law enforcement agencies had been unable to make charges stick. But when Gravano gave evidence, Gotti's fate, and that of 36 other mafiosi was sealed. In 1992, Gotti was jailed for life for murder and racketeering - a conviction which not only boosted the FBI but also the profile of District Attorney Rudolph Giuliani, who later became Mayor of New York. Gravano was allowed out of prison early in April 1995 and went to live in Phoenix, Arizona, under the witness protection programme. He was given a new identity and settled down to live anonymously as Jimmy Moran, building contractor. Under his "sweetheart" deal with the FBI he had been allowed to keep millions of dollars of ill-gotten cash.

In 1996 he chose to leave the programme and by the end of 1998 he had resumed his life of crime. Isolated from his mafia cohorts, Gravano found a new crew - a gang of young white supremacist drug dealers known as The Devil Dogs. The alliance was formed after Gravano's 23-year-old son, Gerard, became friendly with the Devil Dogs' leader, Michael Papa. Papa, 23, was a promising medical student who spent his spare time pumping iron and using steroids. He became Gravano's protegé. Within months Gravano and The Devil Dogs had sewn up the booming market in ecstasy on the Arizona nightclub circuit.

Gravano's gang was selling about 25,000 tablets a week, making a a-million-a-month profit. In September 1999 Gravano spoke at a conference of FBI supervisors about the use of informers. At the same time as he was speaking to these elite crimefighters, he was flooding Arizona with millions of dollars' worth of ecstasy. His supplier, it is alleged, was the Israeli mafia. But the Devil Dogs were amateurs compared with the New York mob, and their bragging and excessive violence soon drew the attention of the police, the FBI and the DEA. On 24 February 2000 DEA agents swooped on addresses all over the Phoenix area and arrested 45 people, including Papa, Gravano, his son and wife Debbie. Gravano is an unrepentant sociopath who wrapped himself up in an American flag and cosied up to the Feds. Ironically the case against Gravano, the king of mafia rats, depends largely on the evidence of Papa. "It is a delicious irony that the king rat has been betrayed by a baby rat," says Ron Kuby, a lawyer who represents Gravano's New York victims.

Now Gravano knows a lot of sensitive information and it is possible that the FBI will let "their man" go down. There may be another plea bargain in Arizona. A lot went on behind the scenes which the government does not want people to know. The FBI used to be revered as an agency beyond reproach but several incidents in recent years have tarnished its reputation. You saw it with McVeigh. They thought they could keep 3,000 documents from his lawyers. It's one thing after another. They keep getting caught with their hands in the cookie jar.


Just like the Calabrese Jr. of the Chicago Outfit. He has defined terms like "work cars" (untraceable cars for use in crimes), "juice loans" ("high interest loans," he said, from "the Outfit") and "underbosses" (akin, he explained, to "vice presidents of companies"). On trial here are five men, including Calabrese's father, Frank Sr., who federal prosecutors said were powerful leaders in the city's organized-crime operations in decades gone by. The men are accused of taking part in a racketeering conspiracy that included gambling, loan sharking and 18 killings that, until now, had never led to charges.

Fourteen men, including some in their 70s, were indicted in the case when it began in 2005, but time and age, among other things, has thinned the numbers. Two of the initial defendants died. One is too sick to stand trial. Six others have pleaded guilty. Five men -- some balding and one, Joey Lombardo, known as the Clown, who was rolled into court in a wheelchair -- listened intently as the younger Calabrese, 47, repeatedly broke another of what he described as the Outfit's dos and don'ts: "A lot of things you weren't supposed to talk about." He said his father and uncle, Nicholas, had once planned out a shooting by setting up two chairs in their office like the front seat of a car and practicing how it would come down. He said the same uncle had once asked him to fish a murder weapon out of a Chicago sewer; he was working for the city's sewer department at the time, Calabrese said, and retrieved the gun while on the job.

Frank Calabrese Sr. testified that he loves his father but is working to keep him in prison because of "his Outfit ways." "I love him but not some of his ways," Frank Calabrese Jr. said. "I decided to turn him in for his Outfit ways." Calabrese Jr. made his comments as he was cross-examined in his last day of testimony in the Family Secrets trial. Calabrese Jr. is one of two star witnesses in the historic case. The other is Frank Calabrese Sr.'s brother, Nick Calabrese, who has admitted to killing at least 14 people for the mob and said he and his brother went out on hits together. Calabrese Jr. decided in 1998 to cooperate against his father. He and his father were in prison together on another case. Calabrese Jr. wrote the FBI that he wanted to "keep this sick man locked up forever."

The FBI equipped him with a set of headphones that concealed a microphone. Calabrese Jr. secretly used the device on his father several years ago while both men were in prison in Milan, Mich., on racketeering charges. The son got out of prison in February 2000. Calabrese Jr. recorded his father for hours as they walked the prison yards while Calabrese Sr. allegedly groomed him to take over his street crew and schooled him in the ways of the Outfit. Calabrese Sr.'s attorney, Joseph R. Lopez -- wearing a gray suit with a subtle pink pinstripe, a pink shirt, light pink socks and an electric pink tie with matching pocket handkerchief -- hammered home during his questioning that Calabrese Jr. had a cocaine problem and stole hundreds of thousands of dollars from his father. Lopez suggested through his questioning that Calabrese Jr., who had bit roles in two films that landed on the cutting room floor, was nothing more than an actor, coached by the FBI to draw out his father into empty boasts and record them. The son also acknowledged he was willing to record his uncle, Nick, whom he had no problems with, if it meant building a better case against his father.

quantum

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Re: Legal Reasoning
« Reply #203 on: July 22, 2007, 12:26:26 AM »

Digital cash presents an additional problem. Although payment with forged electronic currency could be construed as an act of theft or fraud, the very act of forging the electronic cash -- for example cracking the computer protections and copying the bits in the wallet on the hard disk -- is prima facie not prohibited by criminal law. A revision of the law is therefore necessary in order to make it clear that forging digital currency is just the same as forging bank notes.


Don't forget thou that money is speech! :)


??

Madame Desiree

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Re: Legal Reasoning
« Reply #204 on: July 22, 2007, 01:45:28 AM »


Here are some more:



aisha, what's the point of posting "some more" of them on your part? Just curious, you know...
I Do (But I Don't)

one shoe

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Re: Legal Reasoning
« Reply #205 on: July 23, 2007, 03:20:49 AM »

marcello, what are you talking about? Your giving me the creeps!


Funny signature line, mens! :)

under review

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Re: Legal Reasoning
« Reply #206 on: July 23, 2007, 04:55:09 AM »

Digital cash presents an additional problem. Although payment with forged electronic currency could be construed as an act of theft or fraud, the very act of forging the electronic cash -- for example cracking the computer protections and copying the bits in the wallet on the hard disk -- is prima facie not prohibited by criminal law. A revision of the law is therefore necessary in order to make it clear that forging digital currency is just the same as forging bank notes.


Don't forget thou that money is speech! :)


??


I guess it refers to a Supreme Court doctrine maintaining that money equals speech.

Thomas Dunn

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Re: Bad Bedfellows
« Reply #207 on: July 23, 2007, 06:32:00 AM »

Well, gangsters and cops alike are neither black nor white; they represent the color of gray. A hidden identity between good and evil. The symbiotic relationship of hunter and hunted, embodied by men with guns pointed, arms at full extension, winding around each other in a distinctly homoerotic pas de deux.


[...] Gravano is an unrepentant sociopath who wrapped himself up in an American flag and cosied up to the Feds. Ironically the case against Gravano, the king of mafia rats, depends largely on the evidence of Papa. "It is a delicious irony that the king rat has been betrayed by a baby rat," says Ron Kuby, a lawyer who represents Gravano's New York victims.

Now Gravano knows a lot of sensitive information and it is possible that the FBI will let "their man" go down. There may be another plea bargain in Arizona. A lot went on behind the scenes which the government does not want people to know. [...]


This is pretty standard in cases of Mafia kingpins and the like, I just don't get what the big deal is!

c a u s u a l

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Re: Legal Reasoning
« Reply #208 on: July 24, 2007, 08:40:51 AM »

Don't forget thou that money is speech! :)


??


I guess it refers to a Supreme Court doctrine maintaining that money equals speech.


Which case specifically?

theblackemma

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Re: Legal Reasoning
« Reply #209 on: July 24, 2007, 06:52:53 PM »
Buckley v. Valeo (1975).