Showing posts with label 18C95. Show all posts
Showing posts with label 18C95. Show all posts

Saturday, July 16, 2016

18C95 Sec 1957: Engaging In Monetary Transactions In Property Derived From Specified Unlawful Activity

Social Justice Warriors; 

Will additional laws and programs protect you from Psychiatry, as a patient?

Since the United States Government, State and local Governments steadfastly refuse to enforce the Laws we already have, Why on earth would you think those same Government Misfeasant/Malfeasants would Enforce/Uphold whatever additional Laws/Programs/Special Protections Social Justice promises?

Know the Laws that were already broken against you. Demand they be upheld. No one can legally charge money to knowingly sell homicide. 

18 U.S. Code § 1957 - Engaging in monetary transactions in property derived from specified unlawful activity

(a)
Whoever, in any of the circumstances set forth in subsection (d), knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than $10,000 and is derived from specified unlawful activity, shall be punished as provided in subsection (b).
(b)
(1)
Except as provided in paragraph (2), the punishment for an offense under this section is a fine under title 18, United States Code, or imprisonment for not more than ten years or both. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this subsection is greater.
(2)
The court may impose an alternate fine to that imposable under paragraph (1) of not more than twice the amount of the criminally derived property involved in the transaction.
(c)
In a prosecution for an offense under this section, the Government is not required to prove the defendant knew that the offense from which the criminally derived property was derived was specified unlawful activity.
(d)The circumstances referred to in subsection (a) are—
(1)
that the offense under this section takes place in the United States or in the special maritime and territorial jurisdiction of the United States; or
(2)
that the offense under this section takes place outside the United States and such special jurisdiction, but the defendant is a United States person (as defined in section 3077 of this title, but excluding the class described in paragraph (2)(D) of such section).
(e)
Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postal Service, and the Attorney General.
(f)As used in this section—
(1)
the term “monetary transaction” means the deposit, withdrawal, transfer, or exchange, in or affecting interstate or foreign commerce, of funds or a monetary instrument (as defined in section 1956(c)(5) of this title) by, through, or to a financial institution (as defined in section 1956 of this title), including any transaction that would be a financial transaction under section 1956(c)(4)(B) of this title, but such term does not include any transaction necessary to preserve a person’s right to representation as guaranteed by the sixth amendment to the Constitution;
(2)
the term “criminally derived property” means any property constituting, or derived from, proceeds obtained from a criminal offense; and
(3)
the terms “specified unlawful activity” and “proceeds” shall have the meaning given those terms in section 1956 of this title.
(Added Pub. L. 99–570, title I, § 1352(a), Oct. 27, 1986, 100 Stat. 3207–21; amended Pub. L. 100–690, title VI, §§ 6182, 6184, 6469(a)(2), Nov. 18, 1988, 102 Stat. 4354, 4377; Pub. L. 102–550, title XV, §§ 1526(b), 1527(b), Oct. 28, 1992, 106 Stat. 4065;Pub. L. 103–322, title XXXIII, § 330020, Sept. 13, 1994, 108 Stat. 2149; Pub. L. 103–325, title IV, § 413(c)(2), Sept. 23, 1994, 108 Stat. 2255; Pub. L. 109–177, title IV, § 403(c)(2), Mar. 9, 2006, 120 Stat. 243; Pub. L. 111–21, § 2(f)(2), May 20, 2009, 123 Stat. 1618; Pub. L. 112–186, § 4(b)(2), Oct. 5, 2012, 126 Stat. 1429.)


Thank You Cornell Law

Thursday, July 14, 2016

18C95 Sec 1956: Laundering of Monetary Instruments

The drugs are already prohibited by law, 
except when Simon/Government Says they're not.


To those who think Social Justice is going to correct what was criminally done to you BY Psychiatry, . . . understand that Social Justice over riding existing Law, . . . is what ran you over to begin with.

The System officially declared you a Special Snowflake deserving of Special Treatment, and shoved the Laws out of the way in order for Psychiatry to give you that "Special Treatment."

18 U.S. Code § 1956 - Laundering of monetary instruments
(a)
(1)Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity—
(A)
(i)
with the intent to promote the carrying on of specified unlawful activity; or
(ii)
with intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or
(B)knowing that the transaction is designed in whole or in part—
(i)
to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
(ii)
to avoid a transaction reporting requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both. For purposes of this paragraph, a financial transaction shall be considered to be one involving the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity, and all of which are part of a single plan or arrangement.
(2)Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States—
(A)
with the intent to promote the carrying on of specified unlawful activity; or
(B)knowing that the monetary instrument or funds involved in the transportation, transmission, or transfer represent the proceeds of some form of unlawful activity and knowing that such transportation, transmission, or transfer is designed in whole or in part—
(i)
to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
(ii)
to avoid a transaction reporting requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the value of the monetary instrument or funds involved in the transportation, transmission, or transfer, whichever is greater, or imprisonment for not more than twenty years, or both. For the purpose of the offense described in subparagraph (B), the defendant’s knowledge may be established by proof that a law enforcement officer represented the matter specified in subparagraph (B) as true, and the defendant’s subsequent statements or actions indicate that the defendant believed such representations to be true.
(3)Whoever, with the intent—
(A)
to promote the carrying on of specified unlawful activity;
(B)
to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity; or
(C)
to avoid a transaction reporting requirement under State or Federal law,
conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than 20 years, or both. For purposes of this paragraph and paragraph (2), the term “represented” means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a Federal official authorized to investigate or prosecute violations of this section.
(b)Penalties.—
(1)In general.—Whoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or section 1957, or a transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of—
(A)
the value of the property, funds, or monetary instruments involved in the transaction; or
(B)
$10,000.
(2)Jurisdiction over foreign persons.—For purposes of adjudicating an action filed or enforcing a penalty ordered under this section, the district courts shall have jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country, against whom the action is brought, if service of process upon the foreign person is made under the Federal Rules of Civil Procedure or the laws of the country in which the foreign person is found, and—
(A)
the foreign person commits an offense under subsection (a) involving a financial transaction that occurs in whole or in part in the United States;
(B)
the foreign person converts, to his or her own use, property in which the United States has an ownership interest by virtue of the entry of an order of forfeiture by a court of the United States; or
(C)
the foreign person is a financial institution that maintains a bank account at a financial institution in the United States.
(3)Court authority over assets.—
A court may issue a pretrial restraining order or take any other action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgment under this section.
(4)Federal receiver.—
(A)In general.—
A court may appoint a Federal Receiver, in accordance with subparagraph (B) of this paragraph, to collect, marshal, and take custody, control, and possession of all assets of the defendant, wherever located, to satisfy a civil judgment under this subsection, a forfeiture judgment under section 981 or 982, or a criminal sentence under section 1957 or subsection (a) of this section, including an order of restitution to any victim of a specified unlawful activity.
(B)Appointment and authority.—A Federal Receiver described in subparagraph (A)—
(i)
may be appointed upon application of a Federal prosecutor or a Federal or State regulator, by the court having jurisdiction over the defendant in the case;
(ii)
shall be an officer of the court, and the powers of the Federal Receiver shall include the powers set out insection 754 of title 28, United States Code; and
(iii)shall have standing equivalent to that of a Federal prosecutor for the purpose of submitting requests to obtain information regarding the assets of the defendant—
(I)
from the Financial Crimes Enforcement Network of the Department of the Treasury; or
(II)
from a foreign country pursuant to a mutual legal assistance treaty, multilateral agreement, or other arrangement for international law enforcement assistance, provided that such requests are in accordance with the policies and procedures of the Attorney General.
(c)As used in this section—
(1)
the term “knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity” means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, Federal, or foreign law, regardless of whether or not such activity is specified in paragraph (7);
(2)
the term “conducts” includes initiating, concluding, or participating in initiating, or concluding a transaction;
(3)
the term “transaction” includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safe deposit box, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected;
(4)
the term “financial transaction” means (A) a transaction which in any way or degree affects interstate or foreign commerce (i) involving the movement of funds by wire or other means or (ii) involving one or more monetary instruments, or (iii) involving the transfer of title to any real property, vehicle, vessel, or aircraft, or (B) a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, interstate or foreign commerce in any way or degree;
(5)
the term “monetary instruments” means (i) coin or currency of the United States or of any other country, travelers’ checks, personal checks, bank checks, and money orders, or (ii) investment securities or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery;
(6)the term “financial institution” includes—
(A)
any financial institution, as defined in section 5312(a)(2) of title 31, United States Code, or the regulations promulgated thereunder; and
(B)
any foreign bank, as defined in section 1 of the International Banking Act of 1978 (12 U.S.C. 3101);
(7)the term “specified unlawful activity” means—
(A)
any act or activity constituting an offense listed in section 1961(1) of this title except an act which is indictable under subchapter II of chapter 53 of title 31;
(B)with respect to a financial transaction occurring in whole or in part in the United States, an offense against a foreign nation involving—
(i)
the manufacture, importation, sale, or distribution of a controlled substance (as such term is defined for the purposes of the Controlled Substances Act);
(ii)
murder, kidnapping, robbery, extortion, destruction of property by means of explosive or fire, or a crime of violence (as defined in section 16);
(iii)
fraud, or any scheme or attempt to defraud, by or against a foreign bank (as defined in paragraph 7 of section 1(b) of the International Banking Act of 1978)); [1]
(iv)
bribery of a public official, or the misappropriation, theft, or embezzlement of public funds by or for the benefit of a public official;
(v)smuggling or export control violations involving—
(I)
an item controlled on the United States Munitions List established under section 38 of the Arms Export Control Act (22 U.S.C. 2778); or
(II)
an item controlled under regulations under the Export Administration Regulations (15 C.F.R. Parts 730–774);
(vi)
an offense with respect to which the United States would be obligated by a multilateral treaty, either to extradite the alleged offender or to submit the case for prosecution, if the offender were found within the territory of the United States; or
(vii)
trafficking in persons, selling or buying of children, sexual exploitation of children, or transporting, recruiting or harboring a person, including a child, for commercial sex acts;
(C)
any act or acts constituting a continuing criminal enterprise, as that term is defined in section 408 of the Controlled Substances Act (21 U.S.C. 848);
(D)
an offense under section 32 (relating to the destruction of aircraft), section 37 (relating to violence at international airports), section 115 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member), section 152 (relating to concealment of assets; false oaths and claims; bribery), section 175c (relating to the variola virus), section 215 (relating to commissions or gifts for procuring loans), section 351 (relating to congressional or Cabinet officer assassination), any of sections 500 through 503 (relating to certain counterfeiting offenses), section 513 (relating to securities of States and private entities), section 541 (relating to goods falsely classified), section 542 (relating to entry of goods by means of false statements), section 545 (relating to smuggling goods into the United States), section 549 (relating to removing goods from Customs custody), section 554 (relating to smuggling goods from the United States), section 555 (relating to border tunnels), section 641 (relating to public money, property, or records), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), section 657 (relating to lending, credit, and insurance institutions), section 658 (relating to property mortgaged or pledged to farm credit agencies), section 666 (relating to theft or bribery concerning programs receiving Federal funds), section 793, 794, or 798 (relating to espionage), section 831 (relating to prohibited transactions involving nuclear materials), section 844(f) or (i) (relating to destruction by explosives or fire of Government property or property affecting interstate or foreign commerce), section 875 (relating to interstate communications), section 922(
l) (relating to the unlawful importation of firearms), section 924(n) (relating to firearms trafficking), section 956 (relating to conspiracy to kill, kidnap, maim, or injure certain property in a foreign country), section 1005 (relating to fraudulent bank entries), 1006 [2] (relating to fraudulent Federal credit institution entries), 1007 [2] (relating to Federal Deposit Insurance transactions), 1014 [2] (relating to fraudulent loan or credit applications), section 1030 (relating to computer fraud and abuse), 1032 [2] (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution), section 1111 (relating to murder), section 1114 (relating to murder of United States law enforcement officials), section 1116 (relating to murder of foreign officials, official guests, or internationally protected persons), section 1201 (relating to kidnaping), section 1203 (relating to hostage taking), section 1361 (relating to willful injury of Government property), section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction), section 1708 (theft from the mail), section 1751 (relating to Presidential assassination), section 2113 or 2114 (relating to bank and postal robbery and theft), section 2252A (relating to child pornography) where the child pornography contains a visual depiction of an actual minor engaging in sexually explicit conduct, section 2260 (production of certain child pornography for importation into the United States), section 2280 (relating to violence against maritime navigation), section 2281 (relating to violence against maritime fixed platforms), section 2319 (relating to copyright infringement), section 2320 (relating to trafficking in counterfeit goods and services), section 2332 (relating to terrorist acts abroad against United States nationals), section 2332a (relating to use of weapons of mass destruction), section 2332b (relating to international terrorist acts transcending national boundaries), section 2332g (relating to missile systems designed to destroy aircraft), section 2332h (relating to radiological dispersal devices), section 2339A or 2339B (relating to providing material support to terrorists), section 2339C (relating to financing of terrorism), or section 2339D (relating to receiving military-type training from a foreign terrorist organization) of this title, section 46502 of title 49, United States Code, a felony violation of the Chemical Diversion and Trafficking Act of 1988 (relating to precursor and essential chemicals), section 590 of the Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation smuggling), section 422 of the Controlled Substances Act (relating to transportation of drug paraphernalia), section 38(c) (relating to criminal violations) of the Arms Export Control Act, section 11 (relating to violations) of the Export Administration Act of 1979, section 206 (relating to penalties) of the International Emergency Economic Powers Act, section 16 (relating to offenses and punishment) of the Trading with the Enemy Act, any felony violation of section 15 of the Food and Nutrition Act of 2008 (relating to supplemental nutrition assistance program benefits fraud) involving a quantity of benefits having a value of not less than $5,000, any violation of section 543(a)(1) of the Housing Act of 1949 (relating to equity skimming), any felony violation of the Foreign Agents Registration Act of 1938, any felony violation of the Foreign Corrupt Practices Act, or section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) (relating to prohibitions governing atomic weapons) [3]
environmental crimes
(E)
a felony violation of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Ocean Dumping Act (33 U.S.C. 1401 et seq.), the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), or the Resources Conservation and Recovery Act (42 U.S.C. 6901 et seq.); or
(F)
any act or activity constituting an offense involving a Federal health care offense;
(8)
the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and
(9)
the term “proceeds” means any property derived from or obtained or retained, directly or indirectly, through some form of unlawful activity, including the gross receipts of such activity.
(d)
Nothing in this section shall supersede any provision of Federal, State, or other law imposing criminal penalties or affording civil remedies in addition to those provided for in this section.
(e)
Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postal Service, and the Attorney General. Violations of this section involving offenses described in paragraph (c)(7)(E) may be investigated by such components of the Department of Justice as the Attorney General may direct, and the National Enforcement Investigations Center of the Environmental Protection Agency.
(f)There is extraterritorial jurisdiction over the conduct prohibited by this section if—
(1)
the conduct is by a United States citizen or, in the case of a non-United States citizen, the conduct occurs in part in the United States; and
(2)
the transaction or series of related transactions involves funds or monetary instruments of a value exceeding $10,000.
(g)Notice of Conviction of Financial Institutions.—
If any financial institution or any officer, director, or employee of any financial institution has been found guilty of an offense under this section, section 1957 or 1960 of this title, or section 5322 or 5324 of title 31, the Attorney General shall provide written notice of such fact to the appropriate regulatory agency for the financial institution.
(h)
Any person who conspires to commit any offense defined in this section or section 1957 shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.
(i)Venue.—
(1)Except as provided in paragraph (2), a prosecution for an offense under this section or section 1957 may be brought in—
(A)
any district in which the financial or monetary transaction is conducted; or
(B)
any district where a prosecution for the underlying specified unlawful activity could be brought, if the defendant participated in the transfer of the proceeds of the specified unlawful activity from that district to the district where the financial or monetary transaction is conducted.
(2)
A prosecution for an attempt or conspiracy offense under this section or section 1957 may be brought in the district where venue would lie for the completed offense under paragraph (1), or in any other district where an act in furtherance of the attempt or conspiracy took place.
(3)
For purposes of this section, a transfer of funds from 1 place to another, by wire or any other means, shall constitute a single, continuing transaction. Any person who conducts (as that term is defined in subsection (c)(2)) any portion of the transaction may be charged in any district in which the transaction takes place.
(Added Pub. L. 99–570, title I, § 1352(a), Oct. 27, 1986, 100 Stat. 3207–18; amended Pub. L. 100–690, title VI, §§ 6183, 6465, 6466, 6469(a)(1), 6471(a), (b), title VII, § 7031, Nov. 18, 1988, 102 Stat. 4354, 4375, 4377, 4378, 4398; Pub. L. 101–647, title I, §§ 105–108, title XII, § 1205(j), title XIV, §§ 1402, 1404, title XXV, § 2506, title XXXV, § 3557, Nov. 29, 1990, 104 Stat. 4791, 4792, 4831, 4835, 4862, 4927; Pub. L. 102–550, title XV, §§ 1504(c), 1524, 1526(a), 1527(a), 1530, 1531, 1534, 1536, Oct. 28, 1992, 106 Stat. 4055, 4064–4067; Pub. L. 103–322, title XXXII, § 320104(b), title XXXIII, §§ 330008(2), 330011(
l), 330012, 330019, 330021(1), Sept. 13, 1994, 108 Stat. 2111, 2142, 2145, 2146, 2149, 2150; Pub. L. 103–325, title IV, §§ 411(c)(2)(E), 413(c)(1), (d), Sept. 23, 1994, 108 Stat. 2253–2255; Pub. L. 104–132, title VII, § 726, Apr. 24, 1996, 110 Stat. 1301; Pub. L. 104–191, title II, § 246, Aug. 21, 1996, 110 Stat. 2018; Pub. L. 104–294, title VI, §§ 601(f)(6), 604(b)(38), Oct. 11, 1996, 110 Stat. 3499, 3509; Pub. L. 106–569, title VII, § 709(a), Dec. 27, 2000, 114 Stat. 3018; Pub. L. 107–56, title III, §§ 315, 317, 318, 376, title VIII, § 805(b), title X, § 1004, Oct. 26, 2001, 115 Stat. 308, 310, 311, 342, 378, 392; Pub. L. 107–273, div. B, title IV, §§ 4002(a)(11), (b)(5), (c)(2), 4005(d)(1), (e), Nov. 2, 2002, 116 Stat. 1807, 1809, 1812, 1813; Pub. L. 108–458, title VI, § 6909,Dec. 17, 2004, 118 Stat. 3774; Pub. L. 109–164, title I, § 103(b), Jan. 10, 2006, 119 Stat. 3563; Pub. L. 109–177, title III, § 311(c), title IV, §§ 403(b), (c)(1), 405, 406(a)(2), 409, Mar. 9, 2006, 120 Stat. 242–244, 246; Pub. L. 110–234, title IV, §§ 4002(b)(1)(B), (D), (2)(M), 4115(c)(1)(A)(i), (B)(ii), May 22, 2008, 122 Stat. 1096, 1097, 1109; Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(B), (D), (2)(M), 4115(c)(1)(A)(i), (B)(ii), June 18, 2008, 122 Stat. 1664, 1857, 1858, 1870; Pub. L. 110–358, title II, § 202, Oct. 8, 2008, 122 Stat. 4003; Pub. L. 111–21, § 2(f)(1), May 20, 2009, 123 Stat. 1618; Pub. L. 112–127, § 6, June 5, 2012,126 Stat. 371.)


[1]  So in original. The second closing parenthesis probably should not appear.

[2]  So in original. Probably should be preceded by “section”.

[3]  So in original. Probably should be followed by a semicolon.

Thank You Cornell Law.

Wednesday, July 13, 2016

18C95 Sec 1952: Interstate and Foreign Travel or Transportation In Aid of Racketeering Enterprises

It's illegal.
FDA Hiding Reports Linking Psych Drugs To Homicide

18C95 Sec 1952 Interstate and Foreign Travel or Transportation In Aid of Racketeering Enterprises

(a)Whoever travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with intent to—
(1)
distribute the proceeds of any unlawful activity; or
(2)
commit any crime of violence to further any unlawful activity; or
(3)
otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity,
and thereafter performs or attempts to perform—
(A)
an act described in paragraph (1) or (3) shall be fined under this title, imprisoned not more than 5 years, or both; or
(B)
an act described in paragraph (2) shall be fined under this title, imprisoned for not more than 20 years, or both, and if death results shall be imprisoned for any term of years or for life.
(b)
As used in this section (i) “unlawful activity” means (1) any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics or controlled substances (as defined in section 102(6) of the Controlled Substances Act), or prostitution offenses in violation of the laws of the State in which they are committed or of the United States, (2) extortion, bribery, or arson in violation of the laws of the State in which committed or of the United States, or (3) any act which is indictable under subchapter II of chapter 53 of title 31, United States Code, or under section 1956 or 1957 of this title and (ii) the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(c)
Investigations of violations under this section involving liquor shall be conducted under the supervision of the Attorney General.
(d)
If the offense under this section involves an act described in paragraph (1) or (3) of subsection (a) and also involves a pre-retail medical product (as defined in section 670), the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under subsection (a) is greater.
(e)
(1)
This section shall not apply to a savings promotion raffle conducted by an insured depository institution or an insured credit union.
(2)In this subsection—
(A)
the term “insured credit union” shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752);
(B)
the term “insured depository institution” shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and
(C)
the term “savings promotion raffle” means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).

Thank You Cornell Law.

Wednesday, May 16, 2012

US 18C95 Sec 1958: Murder For Hire: UPDATE: FDA Is Hiding Reports Linking Psychiatric Drugs To Homicide

FDA Is Hiding Reports Linking Psychiatric Drugs To Homicide

Dear UCSF:

This post is dedicated to the Moronic Typhoid Mary working there who owned the unbridled temerity to beg the question, via internet search, "What harm is there in one prescription/poisoning with J&J's Risperdal." Hang onto your Research Grant, Idiot, because you haven't seen the Tenth of it.


In 2008 the FDA made a grab for Pre-Emption. FDA wanted the last word on drug and device safety. This coup, had it succeeded, would have pre-empted consumer lawsuits against drug and device makers after they’d been injured, If FDA had won, “Too bad, we certified it, end of story”. The 7th Amendment guarantees Citizens the right to trial by jury in matters exceeding $20. FDA’s position was, “go soak your head.”





FDA tried to invoke the Constitution’s Supremacy Clause: which would have been usurping the authority of Congress. Congressman Braley & co. sent pre-emption packing. What do we learn from this?
What we learn, in reaffirmation that even the most nuanced among us can digest but obdurately refuse to acknowledge is that FDA, its rules, regulations, and delusions of PDUFA corrupted regulatory grandeur is a Creation of Congress and Not the Equal or Superior of Congress. FDA is Congress Dogsbody. 
Congress Does have the Final Word, (regardless of what you may Think of the current Congress) and that Word has already been uttered in Black and non-FDA overrideable US Federal Law. 
USC 18C95 Sec 1958, the Skull at The Banquet, Mandates that each and every prescription for FDA approved Risperdal and any other drug featuring murder as a "side effect/Direct effect" toss the prescriber into a Federal Penitentiary for up to 10 years even if murder does not result from it.


-CITE-

    18 USC Sec. 1958                                            01/07/2011



-EXPCITE-

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

    PART I - CRIMES

    CHAPTER 95 - RACKETEERING



-HEAD-

    Sec. 1958. Use of interstate commerce facilities in the commission

      of murder-for-hire



-STATUTE-

      (a) Whoever travels in or causes another (including the intended

    victim) to travel in interstate or foreign commerce, or uses or

    causes another (including the intended victim) to use the mail or

    any facility of interstate or foreign commerce, with intent that a

    murder be committed in violation of the laws of any State or the

    United States as consideration for the receipt of, or as

    consideration for a promise or agreement to pay, anything of

    pecuniary value, or who conspires to do so, shall be fined under

    this title or imprisoned for not more than ten years, or both; and

    if personal injury results, shall be fined under this title or

    imprisoned for not more than twenty years, or both; and if death

    results, shall be punished by death or life imprisonment, or shall

    be fined not more than $250,000, or both.

      (b) As used in this section and section 1959 -

        (1) "anything of pecuniary value" means anything of value in

      the form of money, a negotiable instrument, a commercial

      interest, or anything else the primary significance of which is

      economic advantage;

        (2) "facility of interstate or foreign commerce" includes means

      of transportation and communication; and

        (3) "State" includes a State of the United States, the District

      of Columbia, and any commonwealth, territory, or possession of

      the United States.


Here’s how it applies:

                  1: Are Interstate Commerce Facilities in the US being used to distribute the drugs?

                  Yes (commercial trucking, air freight, rail, UPS etc, & using US mail, electronic mail to bill, pay for the product, pay the employees, Should have the US Postal Service prosecuting under this statute as well as for Federal Mail Fraud.)
                  2: Are people/employees being Paid/Hired to distribute the drugs using Interstate Commerce Facilities?

                  Yes

                  3: Do the drugs cause Murder?

                  Yes

                  4: Are the prescribers in possession of the Knowledge that the drugs cause Murders?
                  In California, Risperdal requires registration with the Cal. State Police and every prescriber Knows it.
                  The State Police don’t have time to concern themselves with Diabetes, Tardive Dyskinesia, Brain Death, Heart Attacks, or even Suicide.
They DO concern themselves with murder.
                  No more proof is needed. And since State Police Registration makes the drugs a Violation of USC 18C95 Sec 1958 in California, it therefore makes the drugs a Violation of USC 18C95 Sec 1958 in All 50 States because no State Government may grant itself authority superior to Federal Authority in this question. And the Top Dog in this question of Federal Authority is Congress, not FDA.
                  Pleading the Statute’s non-applicability as a defense due to the difference between murder, manslaughter, and negligent homicide is not an option, because Every prescriber knows the Police Registration routine. Ignorance, which would reduce the nature of intent to a lesser offense through incorporating the element of negligence is precluded by the Police Registration requirement which does establish all the premeditation to violate required to convict.  
                  And once you walk through the 1958 door you find the doors to sec 1957, 1956, and 1952 also unlocked.
                  18C95 sec 1958 doesn’t specify that the victim of murder be identified by name or in any other fashion, only that the end result be murder. Nor does it specify that the victim be the person/Manchurian Candidate used as the weapon by the causative, initiative agents/drugs/prescribers. 
                  If the people involved in any aspect of these drugs reaching the public involve Interstate Commerce Facilities in Any way, then there Are grounds and Courts do have jurisdiction to hear the argument.
                  And Furthermore;
                  The Statute doesn’t state that violation even requires actually crossing a State Line. It criminalizes using Interstate Commerce Facilities. So, even if the attempt, (which doesn’t have to be completed: in this case the murder causing drug), meets the criteria of the “or conspires to do so” clause, so long as Commerce Facilities such as Banks, Savings & Loans, Wire Services for transferring money which as a part of their everyday, legal Commercial activities do transfer money across State Lines, and/or commercial shippers which engage in Legal Commerce across State lines become involved at all, the Racketeering Statutes make even the attempt a prosecutable offense.
                  As for the clause “or conspires to do so”, all That requires is proof that as few as two people cooked up a plan to sell the stuff which involves using Interstate Commerce Facilities of Any sort in Any way shape or form. So long as murder Can result, and it Has resulted, this Statute is applicable.
Notice also that it includes the words “Foreign Commerce” so it Should grant the Government and Citizens of Nations outside the US legal standing to prosecute any American Based company or company that does business in America in an American Court, for violating American law just for Using Any Institution of already Lawful Commercial Activity in other countries.

The United States Congress does have the authority to repeal this Statute. FDA does not. But even If Congress repealed it, that would only remove the use of Interstate Commerce Facilities from the question, because not even Congress has the authority to over ride prohibitions against murder.




Returning to our UCSF Curious George:


If you alleged people didn't already Know and know Full Well what harm there is in One Prescription or a Million prescriptions for this drug, the former Head of your table rapping scienced, Illuminati deluded,  Psychiatry Dept, AND the Entire SF Mental Health Board wouldn't have run through their "These 2 Hospitals and their Prescribing Staffs Don't Even Exist" Skit at SF City Hall in 2007. SFMHB 06/13/07




We broke this story Here in October 2010, and aside from a few inquisitive visits from UCSF and the Municipal Govt of C&C San Francisco, absolutely Nothing has been done about it which we're aware of. And Why might that be? 


With $200 Million a year worth of bought and paid for make work, junk science, sell the damn product for Chrissakes, jobs owing their bought and paid for voting loyalties to the political people at the top?


Everybody in this life who gets a paycheck has a Supervisor above them. Who was Dr FG Lu's Supervisor as the Chief Psychiatrist at UCSF?


UC Regents Powerhouse Chief, Richard Blum 


"Democratic political force Blum, 72, has been married to U.S. Sen. Dianne Feinstein, D-Calif., for nearly 30 years and counts the Dalai Lama and Al Gore among his good friends. He was a behind-the-scenes force in Democratic politics for years before being appointed in 2002 by then-Gov. Gray Davis (yes, that's Gov Grey Davis who so Infuriated the voters with his Incompetence and Panderings to special interests that just a year later, the Voters Dragged him Out of Office in a special Recall Election) to a 12-year term on UC's governing board.