Tip of the week 1

Check out the story here. In one convenient volume, deep-detail generic and jurisdiction-specific dissection and discussion of some of the lawyer crime, inheritance crime and defamation crime offenses common to or otherwise featured in the series' other five books, including — many of these points overlap — criminal:-

• non-disclosure

• misrepresentation

• abuse of position

• theft

• embezzlement

• deception

• obtaining an official position by deception

• obtaining money by deception

• false accounting (and see evidence tampering)

• pretenses

• money laundering

• data crime

• forgery, fabrication, falsification

• extortion

• coercion

• duress

• harrassment

• threatening behavior, especially criminal threats to criminally litigate tort-defamation

• bribery

• corruption

• racketeering

• tampering with evidence, including:-

  • redactions

  • financial statement primary source material, etc.

  • evidence suppression in litigation

• perjury

• obstructing, perverting justice, especially by lying to the judge, evidence suppression, etc., especially through co-criminal barristers who are part of the criminal gang

• contempt

• organised crime

• conspiracy

• attempt

• abuse of court process, especially in criminally instituted and conducted:-

  • estate manager litigation, especially for 'blessing' (CPR, Pt. 64)

  • plaintiff or defense defamation litigation

  • interim applications, eg expedited trial

  • redactions

• criminal conduct of costs litigation following criminally conducted litigation.

The term '[criminal] fraud' is avoided unless 'fraud' is an offense expressly so called and cannot be more particularly described; similarly 'fraudulent'. (There is also the risk of confusion with civil fraud.) Offenses against the person are not considered (even though homicide, to take one example, is not unknown in inheritance crime). 

The book discusses (eg):-

• three-line criminal accountability per offense (it's a graphics thing)

• interim and final accountability per offense including arrest, remand, examination, freeze, search, seizure, disgorgement, disclosure, forfeiture, confiscation, restitution, fines, imprisonment, criminal bankruptcy, disqualification, criminal contempt, public denunciation; pursuit (including re fiduciary liability, agent liability, etc.) in civil court, chance'ry court, tort-defamation court; manipulation of co-defendants etc.; a cursory look at regulatory and disciplinary remedies; permanent public denunciation; cross-border remedies; extrajurisdictional remedies; extradition

• interaction with fact-derogation and tort-defamation (and see Defamation War Room)

• new language, new concepts and new eludications (and see Master Glossary)

• inherent (cf. exherent) criminality. Someone inherently criminal is criminal regardless of (though certainly taking advantage of the opportunities presented in) the particular circumstances of a particular case. Criminality delineates the inherent criminal's 'character generally' (a vexatious, provocative, annoying phrase used, in a criminal threat of criminal tort-defamation litigation, by some of the lawyer criminals the subject of the Report). The inherentness might have come about genetically, congenitally, otherwise idiopathically and or it might have been induced or derived from something more or less identifiable. Either way, it is organic and elemental to the perpetrator's nature. It is structural. One can speak likewise of the inherent criminal's criminality. It tends to be spontaneous, gratuitous and not wholly and or directly attributable to the opportunities presented by a particular case. (One might also speak more generally of a situation inherently criminal on account of exherent criminality…)

• exherent (cf. inherent) criminality. Criminality that appears to emanate or derive from a particular identifiable outside influence or circumstance can be described as exherent (or extrinsic) and the perpetrator (whether or not also inherently criminal) can be described as exherently (or responsively, evolutively, adventitiously, extrinsically) criminal

• law and fact iterations of each offense: necessary for databases, coding, tracking etc. and in drafting charges, indictments, etc.: if an offense has a number of law iterations, they must be dissected out and catalogued, and form part of the offense's name

• types, levels and degrees of perpetration including co-principal and accessory before, during and after each relevant fact and circumstance

• locations of perpetration and manifested criminality: inner office, back office, front office, recourse, public relations, support system, etc.

• continuum offenses and their dynamics including in relation to not-continuum offenses. The various levels and layers of inherent and exherent original, legacy and fresh continuum criminality (since you ask, criminal non-disclosure, criminal misrepresentation and false accounting, for example, are continuum offenses. The criminal criminally fails to disclose, and goes on criminally failing to disclose: once started and until comprehensively stopped by the genuinely full whole-truth disclosure legally required, he's offending all the time: the original offense continues indefinitely. The original continuum offense then inherently, indefinitely and fractally sprouts a potential infinity of supporting offspring continuum criminality: the very first one is the original; it then sprouts legacy / offspring continuum offenses, which then sprout their own continuum offenses; fresh continuum offenses can attach themselves to the fractally sprouting tree. No such saga arises with a not-continuum offense. Like assault and murder, each offense of theft is committed in a self-contained self-limiting instant and then it's all over. Theft is therefore not a continuum offense: receiving and handling are not its offspring. This is the dynamic botany of continuum offenses and criminality. I trust you're making notes)

• T time, the point at which continuum crime stops. It stops only on the convergence of certain factors including whole-truth genuinely full disclosure, confession, expiation, restitution, remediation, compensation, fact-rectification bearing on all relevant victims, situations, issues, assets, liabilities, relationships, transactions and other dynamics. Otherwise continuum criminality continues indefinitely. Conviction of itself has no effect on the continuation or continuity of continuum criminality

• horizontal, vertical, diagonal and multi-dimensional stacks, layers etc. of single and multiple continuum and not-continuum offenses. This is the dynamic geology of multiple criminality 

• saturation:-

  • a situation saturated by an original act of criminality: that criminality — an event, an episode, continuum criminality, not-continuum criminality etc. — taints everything subsequential. The entire situation and all its aspects are irredeemably, irretrievably, irremediably criminal

  • the criminality that does the saturating

• customer-lawyer dynamics

• estate and estate management dynamics; the distinction between them

• the importance of bookkeeping, accounting, auditing and primary and subsidiary source material

• the locating, collecting, marshalling, securing and analysis of data including the format and content of logs, ledgers and archives

• the framing and drafting of indictments, especially of multiple offenses by multiple perpetrators, compound offenses, continuum offenses, etc.: the choice of episodes, junctures in continuum offenses; consideration of law and fact iterations; use of combinatorics, AI, modelling, simulations

• honest and dishonest pleas, defenses

• admissible and inadmissible primary and subsidiary evidence; competent and compellable witnesses

• the expository and forensic use of science, computing, mathematics, artificial intelligence, old-fashioned detective work, etc.; the science of fiduciary forensics and financial fiduciary forensics

• the mentality of the stiff-collar criminal and his victim

• fundamental procedure including:-

  • limitation periods

  • governing law

  • adjudicating forum

  • arrest, charge, extradition

  • perpetrator's purported and actual capacity

  • situs of relevant things (on the situs of estates, estate assets, heirs, etc. see Inheritance Crime )

  • contemporaneous and subsequent location, form, value, purported and actual ownership of relevant assets

  • place of every stage of commission

  • multiple perpetrators; gangs; organised crime

  • the effect of the passage of time on liability, criminality

• fundamental evidence issues including:-

  • evidential data by nature, type, origin, relevance

  • admissibility by jurisdiction, proceeding, party, issue, etc.

  • admissibility, recycling in y case of:-

    • x case-tendered evidence: can, cannot be tendered afresh, recycled in y case; is not spent, redundant, obsolete

    • x case-elicited evidence: can, cannot be tendered in y case; y case must elicit it all over again from [x case]-tendered evidence, cannot be incorporated in [x case]-tendered evidence as if [x case]-tendered evidence

    • hearsay whether or not the primary source is available

    • next-best evidence where best evidence, best source,  not available

    • the hostile competent, incompetent, compellable, not compellable witness

• defenses, mitigation

• criminal jurisdiction; multiple prosecution for the same offenses in multiple jurisdictions.

Jurisdictions will probably include England, federal US, New York, California, Florida, Arizona, federal Switzerland, Geneva, Vaud, Australia, Canada.

This is not a book on general criminal law or practice. It does not discuss professional or regulatory misconduct or ethics (and it has nothing good to say about any irrelevant or otherwise inappropriate consideration of motive).

This straightforward, accessible, readable, interesting book is full of examples, illustrations and graphics. It unclogs, deciphers, decodes, demystifies, clarifies, discusses and pellucidates fundamental relevant criminal law and practice so there can be no mistake, misunderstanding or misconception when reading the author's other relevant publications. Provides the lay and professional reader with the necessary grounding to fully and constructively comprehend, navigate, consider and discuss relevant technical detail.  To be read with Lawyer Rackets, Get A Grip, Inheritance Crime, Accounting and Auditing in Inheritance Crime, Defamation War Room, etc.