[Criminal Complaint] Falapatorius v. Flemingovia

falapatorius

falapatorius

TNPer
Name of Complainant: Falapatorius

Name(s) of Accused: Flemingovia

Date(s) of Alleged Offense(s): November 3 2014

Specific Offense(s): Election Fraud, Conspiracy, Gross Misconduct.

Relevant Excerpts from Legal Code or other Laws:

Section 1.3: Fraud
11. "Election fraud" is defined as the willful deception of citizens with regards to the candidates running, the time and venue of the elections, or the requirements and methods by which one may be eligible to vote or run for office.

Section 1.7. Conspiracy
22. "Conspiracy" is defined as planning, attempting, or helping to commit any crime under this criminal code.

Section 1.8. Gross Misconduct
23. "Gross Misconduct" is defined as the violation of an individual's legally mandated sworn oath, either willfully or through negligence.

Regional Assembly Oath
I, the leader of The North Pacific nation of [INSERT YOUR TNP NATION], pledge loyalty to The North Pacific, obedience to her laws, and responsible action as a member of her society. I pledge to only register one nation to vote in The North Pacific. I pledge that no nation under my control will wage war against the North Pacific. I understand that if I break this oath I may permanently lose my voting privileges. In this manner, I petition the Speaker for membership in the Regional Assembly of the North Pacific.

Summary of Events (What happened, in your own words):

Flemingovia started a public thread intended to encourage the electorate to use the Re-Open Nominations ballot option to prevent myself and another candidate from attaining a position on the TNP Court. I allege that this constitutes Election Fraud pursuant to: Section 1.3, Clause 11 of the Legal Code.

Furthermore, in encouraging others to follow suit (and be a party to election fraud), and attempting to discourage candidates from running on the ballot if re-open nominations is successful, I contend this constitutes Conspiracy pursuant to: Section 1.7, Clause 22 of the Legal Code.

Addendum on Edit: In allegedly committing these crimes, Flemingovia has violated his oath as a Regional Assembly member, and therefore can be charged with Gross Misconduct. Pursuant to: The RA Oath.

Evidentiary Submissions:
http://forum.thenorthpacific.org/topic/7261758/1/#new

Comments: This kind of behavior should not be tolerated in TNP. I hope the AG's Office will bring this forward with all due vigor.
 
I am pretty sure Romanoffia is the other Candidate. So to avoid a CoI, and due to recent events on my part, I am recusing myself and Romanoffia from this and ask that HuAt look into the matter. Unless pursuant to the legal code

38. The Attorney General may, at their discretion, manage the prosecution of any criminal case requested.
39. In the event that the Attorney General is a defendant, the defence attorney, or a witness in a criminal case, the Delegate shall appoint an existing deputy Attorney General who is not similarly party to that case. The appointed deputy Attorney General may, at their discretion, manage the prosecution of the case.
40. Failing the existence of a deputy Attorney General who is able to manage the prosecution of a case, the Delegate may act as such a deputy Attorney General for the duration of the case. If the Delegate is a defendant, the defence attorney, or a witness in the case, then the Vice Delegate may act as such a deputy Attorney General for the duration of the case.
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THE DELEGATE MAY APPOINT HIMSELF DEPUTY ATTORNEY GENERAL IN THE MATTER.
 
Mr. AG, could you clarify for me why you have recused yourself? Withdrawing from the AG election does not constitute a COI. You are still the AG until the election is over.
 
I would have to recuse myself from this matter should it proceed to the Court. So would at least one third of the Court given their comments in my campaign thread.
 
Falap. Can you please explain to me exactly how the "citizens with regards to the candidates running, the time and venue of the elections, or the requirements and methods by which one may be eligible to vote or run for office." were deceived?
 
Falap. Can you please explain to me exactly how the "citizens with regards to the candidates running, the time and venue of the elections, or the requirement methods by which one may be eligible to vote or run for offices and " were deceived?
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Flemingovia suggested that RON can be used to change the pool of candidates. I'm entitled to run for office, as a Regional Assembly member. He alleged other candidates' reluctance to work with me as an excuse that I am unfit for Office. This is his own opinion. The electorate may not care. Just because I may not be popular among his group, doesn't preclude my guaranteed right to run for office.
 
falapatorius:
Mr. AG, could you clarify for me why you have recused yourself? Withdrawing from the AG election does not constitute a COI. You are still the AG until the election is over.
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Since Lord ravenclaw has accused me of election fraud for using the AG seal.. I dont feel it approprate for me to look at potential charges on another while I myself may be facing charges of my own. It just doesnt feel kosher to me.

Thats why Ill let HuAt look into it. If he cant the delegate by law can appoint himself Deputy AG in this matter of find a replacement that is suitable
 
Would Flem be willing to provide the conversations with the "four good people" that stated they would not run for justice because they would "not want to share a bench with Roman and Flap"
 
falapatorius:
Could I ask the AG's Office to maintain consistency and split off comments from non-involved parties? Relegate it to a peanut gallery thread.
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I will honor your request. And still conduct my moderator duties of this forum and slip nongermane postings. (Would have done this sooner but at RL work and my phone was completly dead)
 
HuAt:
Would Flem be willing to provide the conversations with the "four good people" that stated they would not run for justice because they would "not want to share a bench with Roman and Flap"
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No. These were private conversations, off this site, and should be honoured as such. Two of those involved have specifically requested of me that their names not be dragged into this, and I will respect that wish.

I am sure you can understand the reluctance of folks to get involved.
 
flemingovia:
HuAt:
Would Flem be willing to provide the conversations with the "four good people" that stated they would not run for justice because they would "not want to share a bench with Roman and Flap"
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No. These were private conversations, off this site, and should be honoured as such. Two of those involved have specifically requested of me that their names not be dragged into this, and I will respect that wish.

I am sure you can understand the reluctance of folks to get involved.
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I understand, just trying to obtain as much information as possible.
 
I'm sorry, I had some unforeseen circumstances involving RL Election Day in the US. I will assuredly have my decision by tomorrow night. Thank you all for understanding.
 
Having taken this complaint into consideration and investigating it to the best of my ability, the AG's office has decided as follows:

The law requires that election fraud involve willful deception. With the legal code not defining deception I took it upon myself to find the definition. Deception must (according to my research) involve one party attempting to convince another of something which is untrue. Although the opinions expressed in the thread were not necessarily popular, they were not able to be proven untrue. Flem expressed his personal political views, which he is entitled to do according to out Bill of Rights regarding Freedom of Speech. Although these comments could have a negative effect on the election of Falap as justice, they are not, according to this office, illegal.

Having found no grounds for a charge on the crime of election fraud, this office cannot charge Flem with conspiracy because he was not planning to commit a crime.

Also with no grounds for election fraud nor conspiracy Flem cannot be charged with gross misconduct because his oath has not been violated, in this complaint.

This office would advise, if Falap would like to take this complaint further, to request a review by the court. However, this office will not be requesting an indictment nor be prosecuting Flem for the crimes alleged in this complaint.
 
I have attempted to be completely fair and unbiased on this decision and I hope you all will see that in my decision.
 
HuAt:
This office would advise, if Falap would like to take this complaint further, to request a review by the court. However, this office will not be requesting an indictment nor be prosecuting Flem for the crimes alleged in this complaint.
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I will take a few days to decide if I will prosecute this case myself. I disagree with the decision obviously.
 
Id like to say while still acting AG until the election, that I support my deputies research and decision 100%. I had him investigate on his own and told him to make the best decision he can make based on the facts as he finds them. As such I stand behind him with his decision.
 
If falap wants to that is certainly his right under the law, however I back my deputies findings and support him 100% that he could not find sufficent evidence to warrant charges.
 
The law states once the AGs office declines to take up a case the complaintant has 30 days to decide if they want to take it up themselves.

Section 6.7: The Attorney General
34. The election for the office of Attorney General shall be held during the Judicial Cycle.
35. Any deputy appointed by the Attorney General may not serve concurrently as either a Justice or a Temporary Hearing Officer.
36. The Attorney General shall have standing in all cases of judicial review brought before the Court.
37. Any person ("the complainant") may submit a criminal complaint to the office of the Attorney General, requesting that a criminal case be brought before the Court.
38. The Attorney General may, at their discretion, manage the prosecution of any criminal case requested.
39. In the event that the Attorney General is a defendant, the defence attorney, or a witness in a criminal case, the Delegate shall appoint an existing deputy Attorney General who is not similarly party to that case. The appointed deputy Attorney General may, at their discretion, manage the prosecution of the case.
40. Failing the existence of a deputy Attorney General who is able to manage the prosecution of a case, the Delegate may act as such a deputy Attorney General for the duration of the case. If the Delegate is a defendant, the defence attorney, or a witness in the case, then the Vice Delegate may act as such a deputy Attorney General for the duration of the case.
41. It is the duty of the Attorney General, and their deputies, to see to completion of any case the management of which they have undertaken.
42. If the original Attorney General, and their deputies, are unable to see to completion a pending case before the end of their term, the successor Attorney General will take over the managing of the prosecution.
43. If the Attorney General, and their deputies, decline to manage the prosecution of a requested criminal case, then the complainant may, at their discretion, manage themselves the prosecution of the criminal case. Otherwise, they may withdraw the complaint.
44. If the complainant has not stated their intent to either manage the prosecution of the case or withdraw the complaint within 30 days of the Attorney General and their deputies declining the case, the complaint will be considered withdrawn.
45. For the purposes of this section, "managing the prosecution of a case" includes but is not limited to: submitting an indictment to the Court for the relevant charges; arguing on the acceptance or rejection of the indictment; acting as the prosecutor for the duration of all stages of the criminal trial heard for the case; representing the prosecution in any separate judicial review hearings arising from the criminal trial; and appointing, directing, and removing an attorney to act in the above capacity in their place.
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emphasis mine.

HuAt declined the case on November 5th. Falap has 30 days from then to decide to manage the prosecution of the complaint himself, otherwise it is to be considered withdrawn.
 
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