CRIMES AGAINST AMERICAN HOMEOWNERS

BY CHERYL

I love Elizabeth Warren, but we don’t need modifications, we need justice and restitution!

Here are the reasons we all need to start suing the lenders and all their cronies.
They are bold, coldhearted criminals, that make Al Capone look like purse snatcher.
We need to focus on the crimes committed because even President Obama believes that this is merely a bad case of deadbeat borrowers and if enough people can get a modification everything will be just peachy.

SUE THE BASTARDS!
THEY HAVE COMMITTED:

Embezzlement

To embezzle means to take another’s money and property through abuse of an official job or position of trust. Embezzlement can take many forms. An accountant might use sophisticated methods to falsify records and skim profits. A bank teller might walk home with an extra $20 from his or her drawer. Both of these actions constitute embezzlement.
False Statements

The crime of making false statements is not specific to white collar criminals, but this crime is broad enough to encompass activities that might not be unlawful if not for associated false statements. To convict someone of false statements requires proof of a statement made willfully and knowingly that contains a false material fact or conceals a material fact.
Fraud

Fraud is intentionally lying in order to induce someone into relying upon the lie to part with something of value. Like embezzlement, fraud can be either complex or simple. The federal government has three general anti-fraud statutes for mail fraud, bank fraud, and wire fraud. Mail fraud has two elements: (1) a scheme devised or intending to defraud or for obtaining property or money by fraudulent means, and (2) using the mails in furtherance of that fraudulent scheme. The “scheme to defraud” element of mail fraud is deliberately broad. It encompasses a wide variety of criminal activity, including credit card fraud, securities fraud, medical drug fraud, and frauds based on political malfeasance. Because the mail fraud statute uses such broad language and because it is relatively easy to prove, mail fraud is one of the most common charges brought by federal prosecutors. Charges of mail fraud frequently are made even in cases in which more specific crimes have been charged.

The federal wire fraud statute is similar to the mail fraud statute, but requires an interstate or foreign transmittal of a communication by wire, radio, or television. The federal bank fraud statute criminalizes the conduct of any party who “knowingly executes, or attempts to execute, a scheme or artifice to defraud a financial institution, by means of false or fraudulent pretenses, representations, or promises.”
Obstruction of Justice

Obstruction of justice is interference in one of the three branches of government. Obstruction of justice can take many forms, including assaulting a process server, improperly influencing a juror, stealing or altering a record of process, and obstructing a criminal investigation by officers of a financial institution. Picketing, parading, or using sound amplification devices in front of a courthouse, building or residence occupied by a judge, juror, witness, or court officer may be prosecuted as obstruction of justice.
Perjury

Federal perjury laws penalize anyone who willfully or knowingly makes false statements under oath. The sworn statements may be written or oral and need not be made in court; a person may perjure himself or herself in deposition or written testimony. A related law against subornation of perjury makes it illegal for anyone to procure another person to commit perjury.
Tax Crimes

Often, a person charged with other white collar crimes is accused of committing a tax crime also. Failing to file a tax return or filing a false tax return is a crime, as is interfering with the administration of the internal revenue laws. Specific laws prohibit obstruction, extortion, or bribery with regard to a tax official.
Defenses and Punishment

In some criminal trials, the prosecutor proves all the elements of a crime but the person accused is not punished because he or she has a valid defense.

Self-defense sometimes is used as a defense. The general rule for self-defense is that a person may use any amount of force except deadly force that he or she reasonably believes is necessary to prevent immediate unlawful harm to a person. Using deadly force is permissible only when it reasonably appears to be necessary to avoid immediate death or serious injury to a person, or to prevent the commission of a felony in the actor’s dwelling. If a person claims that he or she acted in self-defense, the prosecutor must prove beyond a reasonable doubt that self-defense was not the reason for the crime.

By itself, intoxication is not a defense to a crime. In rare cases, intoxication works like a defense, if there is proof that the person accused of the crime was unable to form the necessary intent to commit a crime. Someone who is intoxicated may not be found guilty of a crime that requires he or she acted intentionally, but the intoxicated person may be guilty of another crime that does not require intentional actions.

In the area of white collar crime, the same defenses are available to defendants as those available in crimes generally. Some people accused of white collar crimes also claim entrapment by the government; they argue they were induced to act, and would not have acted unlawfully otherwise. Another common defense by businesses is that a particular businessperson was acting alone, without the authority of the company behind him or her. Businesses further argue that once it was discovered that an officer or employee was acting unlawfully, the business acted immediately to resolve the situation. Sometimes a business avoids criminal liability altogether if it shows that it took proper action to correct a situation as soon as managers were made aware of a problem.

Felonies and white collar crimes carry the strictest punishments, such as lengthy imprisonment, heavy fines, or death. Federal sentencing guidelines contain a method for calculating fines to be paid by organizations that commit crimes. Businesses that are found guilty of operating for a primarily criminal purpose incur fines equal to their total assets.

Texas law also allows courts to forfeit property, dissolve a corporation, cancel or suspend a license or permit, remove a person from office, or impose a citation or civil penalty. For example, a person convicted of a crime involving controlled substances must forfeit the controlled substances as well as any property used to further the crime.

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