WIRE FRAUD - 18 USC 1343, makes it a Federal crime or offense
for anyone to use interstate wire communications facilities in carrying out
a scheme to defraud.
A person can be found guilty of that offense only if all of the following
facts are proved beyond a reasonable doubt:
First: That the person knowingly and willfully devised a scheme to
defraud, or for obtaining money or property by means of false pretenses,
representations or promises; and
Let's See - On Nov 6,th 2001 at approx 5:20-5:25 PM both Christina
Czerwinski and Ryan Czerwinski attempted to "borrow" from me the sum of
$100,000 backed by Merlancia's "3 million dollars worth of inventory".
Non-existant inventory.
This was to be paid back in ninety (90) days at 100% interest. Hmm, wonder
why they didn't go to their bank. This was eventually the amount of money
"lent" to Amiga, Inc by Merlancia. And which was sent on or around Dec
16th, 2001 via a check which "bounced" and was later made good on.
Also Dave Haynie was wired $10,000 around July of 2001 - his salary for the
month for the continuation of the fraudulent scheme to make Merlancia look
"respectable".
Second: That the person knowingly transmitted or caused to be transmitted
by wire in interstate commerce some sound for the purpose of executing the
scheme to defraud.
It is not necessary that the Government prove all of the details concerning
the precise nature and purpose of the scheme; or that the material
transmitted by wire was itself false or fraudulent; or that the alleged
scheme actually succeeded in defrauding anyone; or that the use of
interstate wire communications facilities was intended as the specific or
exclusive means of accomplishing the alleged fraud.
What must be proved is that the person knowingly and willfully devised or
intended to devise a scheme to defraud; and that the use of the interstate
wire communications facilities was closely related to the scheme because
the person either wired something or caused it to be wired in interstate
commerce in an attempt to execute or carry out the scheme.
To "cause" interstate wire facilities to be used is to do an act with
knowledge that the use of the wires will follow in the ordinary course of
business or where such use can reasonably be foreseen.
Each separate use of the interstate wire facilities in furtherance of a
scheme to defraud constitutes a separate offense.
Harv - It Looks Like EACH of the 39 Attempts to Access MY web
site (acting as an AGENT for Merlancia Industries on or about 12-30-02) and
under the guidance, direction and FULL knowledge of the principals thereof
was done in a harassing manner and was done KNOWINGLY and with FULL INTENT
to cause me monetary damages via the excessive costs of such access and was
done for no legitimate or legal purpose.
FRAUD, TO DEFRAUD - The term 'fraud' is generally defined in the law as an
intentional misrepresentation of material existing fact made by one person
to another with knowledge of its falsity and for the purpose of inducing
the other person to act, and upon which the other person relies with
resulting injury or damage. [Fraud may also include an omission or
intentional failure to state material facts, knowledge of which would be
necessary to make other statements not misleading.]
To make a 'misrepresentation' simply means to state as a fact something
which is false or untrue. [To make a material 'omission' is to omit or
withhold the statement of a fact, knowledge of which is necessary to make
other statements not misleading.]
Thus, to constitute fraud, a misrepresentation must be false [or an
omission must make other statements misleading], and it must be 'material'
in the sense that it relates to a matter of some importance or significance
rather than a minor or trivial detail.
To constitute fraud, a misrepresentation [or omission] must also relate to
an 'existing fact.' Ordinarily, a promise to do something in the future
does not relate to an existing fact and cannot be the basis of a claim for
fraud unless the person who made the promise did so without any present
intent to perform it or with a positive intent not to perform it.
Similarly, a mere expression of opinion does not relate to an existing fact
and cannot be the basis of a claim of fraud unless the person stating the
opinion has exclusive or superior knowledge of existing facts which are
inconsistent with such opinion.
To constitute fraud the misrepresentation [or omission] must be made
knowingly and intentionally, not as a result of mistake or accident; that
is, that the person either knew or should have known of the falsity of the
misrepresentation [or the false effect of the omission], or that he made
the misrepresentation [or omission] in negligent disregard of its truth or
falsity.
Finally to constitute fraud, the Plaintiff must prove that the Defendant
intended for the Plaintiff to rely upon the misrepresentation [and/or
omission]; that the Plaintiff did in fact rely upon the misrepresentation
[and/or omission]; and that the Plaintiff suffered injury or damage as a
result of the fraud.
In some cases [depending on the specifics of the case and the law] when it
is shown that a Defendant made a material misrepresentation [and/or
omission] with the intention that the Plaintiff rely upon it, then, under
the law, the Plaintiff may rely upon the truth of the representation, even
though its falsity could have been discovered had he made an investigation,
unless he knows the representation to be false or its falsity is obvious to
him.
In other cases, when it is shown that a Defendant made a material
misrepresentation [and/or omission] with the intention that the Plaintiff
rely upon it, the Plaintiff must prove that his reliance was justified.
If, in the exercise of reasonable care for the protection of his own
interests, the Plaintiff could have learned the truth of the matter by
making a reasonable inquiry or investigation under the circumstances
presented, but failed to do so, then it cannot be said that he
'justifiably' relied upon such misrepresentations [and/or omissions].
For injury or damage to be the result of fraud, it must be shown that,
except for the fraud, the injury or damage would not have occurred.
The word 'material' means that the subject matter of the statement [or
concealment] related to a fact or circumstance which would be important to
the decision to be made as distinguished from an insignificant, trivial or
unimportant detail. (e.g. re: insurance fraud - to be material, an
assertion [or concealment] must relate to a fact or circumstance that would
affect the liability of an insurer (if made during an investigation of the
loss), or would affect the decision to issue the policy, or the amount of
coverage or the premium (if made in the application for the policy).
Please be aware you have committed the FELONY crime of "false swearing" in
regards to the above sworn testimony - resulting in the State of Arizona,
the State of California, and FEDERAL FELONY charges to which you CAN be charged with.
ARS 13-2703. False swearing; classification
A. A person commits false swearing by making a false sworn statement,
believing it to be false.
B. False swearing is a class 6 felony.
Let's see - you have accused me
"barging in your hotel room" at Amiwest 2002 (with the date 3 days off) and
threatening you.
That "Injunction" was
thrown out of court, dismissed, of NO legal consequences whatsoever!
Notorized SWORN statement of Glenn Blair
Page 1,
Page 2,
Page 3,
Testifying in a SWORN NOTORIZED statement to the content of my character
and also with an e-mail from you stating that "there's nothing between him
and me" - referring to myself and yourself - in a e-mail of August 23, 2002
to Glenn Blair.
Also there is a SWORN NOTORIZED (public court document) statement from
(name removed at request of person making SWORN statement) that there was
NO ONE in the room at the time except for you, myself and person making
SWORN NOTORIZED statement. False SWEARING - a FELONY.
Contracts, Torts. Any trick or artifice employed by one person to induce
another to fall into an error or to detain him in it, so that he may make
an agreement contrary to his interest. The fraud may consist either,
first, in the misrepresentation or, secondly, in the concealment of a
material fact. Fraud, force and vexation, are odious in law. Fraud gives
no action however, without damage and in matters of contract it is merely a
defence; it cannot in any case constitute a new contract.
Fraud avoids a contract, ab initio, both at law and in equity, whether the
object be to deceive the public, third persons or one party endeavor
thereby to cheat the other.
The following is an enumeration of frauds for which equity will grant
relief:
1. Fraud, dolus malus, may be actual, arising from facts and
circumstances of imposition, which is the plainest case;
2. It may be apparent from the intrinsic nature and subject of the bargain
itself; such as no man in his senses and not under delusion, would make on
the one hand and such as no honest and fair man would accept on the other,
which are inequitable and unconscientious bargains;
3. Fraud, which may be presumed from the circumstances and condition of
the parties contracting;
4. Fraud, which may be collected and inferred in the consideration of a
court of equity, from the nature and circumstances of the transaction, as
being an imposition and deceit on other persons, not parties to the
fraudulent agreement;
5. Fraud, in what are called catching bargains, with heirs, reversioners)
or expectants on the life of the parents. This last seems to fall under
one or more of the preceding divisions.
Frauds may be also divided into actual or positive and constructive frauds.
An actual or positive fraud is the intentional and successful employment of
any cunning, deception or artifice used to circumvent, cheat or deceive
another.
It appears Christina and Ryan, both individually and jointly have committed
the crime of Subornation of Perjury
* Subornation Of Perjury *
SUBORNATION OF PERJURY - The procuring another to commit legal perjury,
who in consequence of the persuasion takes the oath to which be has been
incited.
To complete the offence, the false oath must be actually taken, and no
abortive attempt to solicit will complete the crime.
But the criminal solicitation to commit perjury, though unsuccessful, is a
misdemeanor at common law.
The act of congress of March 3, 1825, provides, that if any person shall
knowingly or wilfully procure any such perjury, mentioned in the act, to be
committed, every such person so offending, shall be guilty of subornation
of perjury, and shall, on conviction thereof, be punished by fine, not
exceeding two thousand dollars, and by imprisonment and confinement to hard
labor, not exceeding five years, according to the aggravation of the
offence.
And for the definition of perjury of which you have violated NUMEROUS times
PERJURY - When a person, having taken an oath before a competent tribunal,
officer, or person, in any case in which a law of the U.S. authorizes an
oath to be administered, that he will testify, declare, depose, or certify
truly, or that any written testimony, declaration, deposition, or
certificate by him subscribed, is true, willfully and contrary to such oath
states or subscribes any material matter which he does not believe to be
true; or in any declaration, certificate, verification, or statement under
penalty of perjury, willfully subscribes as true any material matter which
he does not believe to be true; 18 USC
In order for a person to be found guilty of perjury the government must
prove: the person testified under oath before [e.g., the grand jury]; at
least one particular statement was false; and the person knew at the time
the testimony was false.
The testimony of one witness is not enough to support a finding that the
testimony was false. There must be additional evidence, either the
testimony of another person or other evidence, which tends to support the
testimony of falsity. The other evidence, standing alone, need not
convince that the testimony was false, but all the evidence on the subject
must do so.
13-1202. Threatening or intimidating; classification
A. A person commits threatening or intimidating if such person threatens
or intimidates by word or conduct:
1. To cause physical injury to another person or serious damage to the
property of another; or
Both YOUR statements and the fact you acting as an AGENT for Merlancia
Industries - you have caused me to have to switch my Internet Service
Provider (ISP) resulting in damage and excessive work
And the fact you have constantly "hit" my Merlancia.html page - in order to
drive up costs, cause excessive bandwidth with FULL malice and intent (and
intent to harass)
2. To cause, or in reckless disregard to causing, serious public
inconvenience including, but not limited to, evacuation of a building,
place of assembly, or transportation facility; or
You have in fact acting as an AGENT of Merlancia Industries denied users
in Germany, Austria, the United States and many other jurisdictions access
to my Merlancia.html page,
3. To cause physical injury to another person or damage to the property
of another in order to promote, further or assist in the interests of or to
cause, induce or solicit another person to participate in a criminal street
gang, a criminal syndicate or a racketeering enterprise.
B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2
is a class 1 misdemeanor. Threatening or intimidating pursuant to
subsection A, paragraph 3 is a class 4 felony.
Yourself, Merlancia and its agents and/or assigns have also committed the crime of
13-3707. Telecommunication fraud; classification; definitions
A. A person commits telecommunication fraud if the person does any of the
following:
(c) Installing, rearranging or tampering with any facility or equipment.
(d) The use of any other fraudulent means, method, trick or device.
D. Telecommunication fraud is a class 3 felony.
2. "Telecommunication service" includes electronic communication
services, subscription computer services, telephone and telegraph services
and all other services that involve the transmission of information by
wire, radio, cellular, wireless transmission or similar means.
As an individual who "operates" AmigaZone you should be aware of such
laws, rules and regulations.
13-2314.04. Racketeering; unlawful activity; civil remedies by private
cause of action; definitions
A. A person who sustains reasonably foreseeable injury to his person,
business or property by a pattern of racketeering activity, or by a
violation of section 13-2312 involving a pattern of racketeering activity,
may file an action in superior court for the recovery of up to treble
damages and the costs of the suit, including reasonable attorney fees for
trial and appellate representation. If the person against whom a
racketeering claim has been asserted, including a lien, prevails on that
claim, the person may be awarded costs and reasonable attorney fees
incurred in defense of that claim. No person may rely on any conduct that
would have been actionable as fraud in the purchase or sale of securities
to establish an action under this section except an action against a person
who is convicted of a crime in connection with the fraud, in which case the
period to initiate a civil action starts to run on the date on which the
conviction becomes final.
B. The superior court has jurisdiction to prevent, restrain and remedy a
pattern of racketeering activity or a violation of section 13-2312
involving a pattern of racketeering activity, after making provision for
the rights of all innocent persons affected by the violation and after a
hearing or trial, as appropriate, by issuing appropriate orders.
C. Before a determination of liability these orders may include, but are
not limited to, entering restraining orders or prohibitions or taking such
other actions, including the acceptance of satisfactory performance bonds,
the creation of receiverships and the enforcement of constructive trusts,
in connection with any property or other interest subject to damage or
other remedies or restraints pursuant to this section as the court deems
proper.
D. After a determination of liability these orders may include, but are
not limited to:
1. Ordering any person to divest himself of any interest, direct or
indirect, in any enterprise.
Including the loss of your "authority" over AmigaZone.
2. Imposing reasonable restrictions on the future activities or
investments of any person, including prohibiting any person from engaging
in the same type of endeavor as the enterprise engaged in, the activities
of which affect the laws of this state, to the extent the constitutions of
the United States and this state permit.
3. Ordering dissolution or reorganization of any enterprise.
The loss of Merlancia Industries and other corporations and/or
enterprises including AmigaZone
4. Ordering the payment of up to treble damages to those persons injured
by a pattern of racketeering activity or a violation of section 13-2312
involving a pattern of racketeering activity.
I. On timely application, the attorney general may intervene in any civil
action or proceeding brought under this section if the attorney general
certifies that in the attorney general's opinion the action is of special
public importance. On intervention, the attorney general may assert any
available claim and is entitled to the same relief as if the attorney
general has instituted a separate action.
Authority granted to the Attorney General to intervene and carry out
such lawful investigations as may be necessary
L. A natural person shall not be held liable in damages or for other
relief pursuant to this section based on the conduct of another unless the
fact finder finds by a preponderance of the evidence that the natural
person authorized, requested, commanded, ratified or recklessly tolerated
the unlawful conduct of the other.
Your in DEEP DOO-DOO Harv. VERY deep DOO-DOO.
1. The term "racketeer" shall not be used in referring to any person.
*2. The terms used to refer to acts of racketeering or a pattern of*
*racketeering activity shall be "unlawful acts" or "a pattern of unlawful*
*activity".*
Harv, I'd throw myself on the mercy of the court and hope you ONLY get
3-5 in a Federal Penitentiary.
T. In this section, unless the context otherwise requires:
*1. "Acquire" means for a person to do any of the following:*
**
* (a) Possess.*
**
* (b) Act so as to exclude another person from using the person's property*
*except on the person's own terms.*
A DEFINITE violation by Merlancia Industries, Christina and Ryan Czerwinski.
* 3. "Pattern of racketeering activity" means either:*
**
* (a) At least two acts of racketeering as defined in section 13-2301,*
*subsection D, paragraph 4, subdivision (b), item (iv), (v), (vi), (vii),*
*(viii), (ix), (x), (xiii), (xv), (xvi), (xvii), (xviii), (xix), (xx),*
*(xxiv) or (xxvi) that meet the following requirements:*
(i) The last act of racketeering activity that is alleged as the basis of
the claim occurred within five years of a prior act of racketeering.
*(ii) The acts of racketeering that are alleged as the basis of the claim*
*were related to each other or to a common external organizing principle,*
*including the affairs of an enterprise. Acts of racketeering are related*
*if they have the same or similar purposes, results, participants, victims*
*or methods of commission or are otherwise interrelated by distinguishing*
*characteristics.*
(iii) The acts of racketeering that are alleged as the basis of the claim
were continuous or exhibited the threat of being continuous.
(b) A single act of racketeering as defined in section 13-2301, subsection
D, paragraph 4, subdivision (b), item (i), (ii), (iii), (xi), (xii), (xiv),
(xxi), (xxii), (xxiii), (xxv), (xxvii) or (xxviii).
*4. "Proceeds" means any interest in property of any kind acquired through*
*or caused by an act or omission, or derived from the act or omission,*
*fdirectly or indirectly, and any fruits of this interest, in whatever form.*
13-2907.01. False reporting to law enforcement agencies; classification
A. It is unlawful for a person to knowingly make to a law enforcement
agency of either this state or a political subdivision of this state a
false, fraudulent or unfounded report or statement or to knowingly
misrepresent a fact for the purpose of interfering with the orderly
operation of a law enforcement agency or misleading a peace officer.
B. Violation of this section is a class 1 misdemeanor.
Well Harv - I guess you have multiple counts of false reporting - but
then since it is a misdemeanor you'll only go to a local jail. Ah - they'll
drop these charges and let you "run wild" with the Federal charges.
13-2702. Perjury; classification
A. A person commits perjury by making either:
1. A false sworn statement in regard to a material issue, believing it to
be false.
2. A false unsworn declaration, certificate, verification or statement in
regard to a material issue that the person subscribes as true under penalty
of perjury, believing it to be false.
B. Perjury is a class 4 felony.
Gee Harv - MANY MULTIPLE counts of perjury. Christina and Ryan could do
LIFE for all of their counts of perjury!
13-1001. Attempt; classifications
A. A person commits attempt if, acting with the kind of culpability
otherwise required for commission of an offense, such person:
1. Intentionally engages in conduct which would constitute an offense if
the attendant circumstances were as such person believes them to be; or
2. Intentionally does or omits to do anything which, under the
circumstances as such person believes them to be, is any step in a course
of conduct planned to culminate in commission of an offense; or
3. Engages in conduct intended to aid another to commit an offense,
although the offense is not committed or attempted by the other person,
provided his conduct would establish his complicity under chapter 3 if the
offense were committed or attempted by the other person.
B. It is no defense that it was impossible for the person to aid the
other party's commission of the offense, provided such person could have
done so had the circumstances been as he believed them to be.
C. Attempt is a:
1. Class 2 felony if the offense attempted is a class 1 felony.
2. Class 3 felony if the offense attempted is a class 2 felony.
3. Class 4 felony if the offense attempted is a class 3 felony.
4. Class 5 felony if the offense attempted is a class 4 felony.
5. Class 6 felony if the offense attempted is a class 5 felony.
6. Class 1 misdemeanor if the offense attempted is a class 6 felony.
7. Class 2 misdemeanor if the offense attempted is a class 1 misdemeanor.
8. Class 3 misdemeanor if the offense attempted is a class 2 misdemeanor.
9. Petty offense if the offense attempted is a class 3 misdemeanor or
petty offense.
What the heck - more felonies on top of MANY multiple felonies. Who is
going to send you "commissary money"?
4. "Criminal syndicate" means any combination of persons or enterprises
engaging, or having the purpose of engaging, on a continuing basis in
conduct that violates any one or more provisions of any felony statute of
this state.
Harv - YOU'VE got some BIG problems! Remember at ANY time you could be
charged, arrested and held with a HIGH bail - but then your problems will
be a LOT less than Christina's and Ryan's.
What a way to start off the New Year- a virtual cornocopia of your
upcoming legal problems.
HAPPY NEW YEAR HARV!