31 Jul

RICO Lawsuit (#1) — A lawsuit against IRS employees for systemic violation of the law

RICO is for repeat offenders within an organization

A RICO lawsuit against IRS employees is the inevitable consequence of IRS employees’ defacto statutory total personal immunity and “right” to intentionally violate the law

We didn’t make this up.  Our financial advisers engaged in fraud or profoundly self-serving behavior.  We sued them.  We won three (or they settled) three lawsuits.  IRS employees, for reasons we cannot know, engaged in serial dishonesty to obtain the lawsuit settlements when, by law, they were not entitled to them.  We now know this.  IRS employees can intentionally break the law when the feel it is in the best interest of the government.  How do we know this?  They wrote it down.  Over and over again.  This thinking is the essence of a RICO violation.  The courts call this behavior continuity.  Systemic lawlessness, or continuity in lawlessness, is a key requirement for RICO.

You can’t sue the government (or IRS) for RICO.  This would be like suing the taxpayer for RICO.  Courts figure that the taxpayer does not engage in serial lawlessness to cheat themselves. This makes sense.  But one can, or that was until our lawsuit, sue specific employees for RICO and corrupting the IRS organization.  The Justice Department has argued that IRS employees should also have immunity for RICO.  They said as much in an appeal brief for this particular lawsuit:

 “We nevertheless maintain that the language in Wilkie, as well as the principles underlying that decision, are broad enough to bar a RICO suit against government employees in any situation where the employees are acting for the financial benefit of the United States.” (Deputy Assistant Attorney General Tamara Ashford, 9th Circuit Appeal, 11-56062-Dkt. 18; 31, ¶2);

This is amazing.  Think about it.  The DOJ is asking the 9th Circuit Court of Appeals to give IRS employees immunity for systemic violation of the law.

Here’s the original RICO complaint filed in 2010.  As of today, 8/1/2012, the RICO lawsuit is still pending at the 9th Circuit:

Appeal pending as of May 23, 2013