[Criminal] Complaint against thegemini

plembobria

plembobria

TNPer
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Name of Complainant: plembobria

Name(s) of Accused: thegemini

Date(s) of Alleged Offense(s): 16 May 2016

Specific Offense(s): Fraud

Relevant Excerpts from Legal Code or other Laws:
Legal Code:
12. "Fraud" is defined as an intentional deception, by falsehood or omission, made for some benefit or to damage another individual.
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Summary of Events (What happened, in your own words): A candidate for the Delegacy, in an attempt to run a smear campaign against the incumbent Lord Ravenclaw has posted PM ostensibly from the point of view of an unnamed Security Councilor claiming that Lord Ravenclaw is corrupt (among other things) and wishes for them to resign.

I strongly believe that this speech is fake, and that thegemini is committing fraud by impersonating a member of the SC.

Evidentiary Submissions (Evidentiary Submissions may be submitted to the Attorney General or Deputy Attorney General in charge of the Criminal Division via PM):
The post

I have been asked to submit the following speech on behalf of the Security Councillor. They ask that I take the following oath before submission.

I, thegemini, swear under oath that I have cut and pasted the following speech in its entirety into this thread. I also swear under oath that I'm not committing fraud or misrepresentation.

The Security Councillors Speech:


Mr. Delegate, Mr. Vice Delegate, Mr. Speaker, Regional Assembly members, Court Justices, Mr. Attorney General, NPA members, Cabinet Ministers, my fellow Security Councillors, Residents and my fellow Citizens:


As our Citizens go to the voting booth to vote in our General Election I wish to speak on my experiences with the current Delegate, Lord Ravenclaw and the state of our Democracy.

First I would like to give an overview of my background.

I have been involved with TNP for nearly 12 years, give or take a little. I have been in virtually every Cabinet post and have been a Security Councillor for many years. I have had the honor of being Delegate, a honor that some will have. I have had the honor of helping frame our Regional Constitution years ago, a honor that few may sadly ever experience.
I have been truly happy in my stay here. Of the over 13,000+ hours of time I have spent on here I can say I have had my fair share of regrets and victories.
I have seen Delegates and Administrations come and go. From the lowest lows to now where we are today as the largest democracy and region. I'm proud of how far we have come since introducing our first Constitution.

I have experienced the good, bad and ugly sides of Delegates before.
Unfortunately, I just never knew that it would be my own utter stupidity and ignorance that would one day cause me to write a speech on the outset of voting, and to solve a problem I should have tried to solve long ago.

I greatly hope that what I have done by not speaking up, will not cost us our very democracy and way of life here on NS. Many of you will be in disbelief. I'm sorry if this is going to come as such a slap in the face for most of you.
But once I found out what I'm about to tell you, it was already to late because the person was already in power as our Delegate amid widespread support and after a seemingly glowing civil service career up to becoming the Delegate.


It took Lord Ravenclaw less time than me to become Delegate. As a old timer I'm humble enough to not find anything wrong in this; plus there have been Delegates in the far past that have come to power in this Regions early days under far less peaceful and democratic means.

Little did I know that right under my nose was one of the most backroom dealing, treasonous, manipulative, charismatic and thoroughly un-democratic Delegates that I have ever met.

Before becoming our Delegate, Lord Ravenclaw was Vice Delegate in Osiris. He ran on a platform with a character called the Dourian Embassy.
To make a long story short this Dourian (I might have misspelled the name) basically Couped the region. He was a very shady character, manipulative etc.. This happened, I think, a very considerable period of time before Lord Ravenclaw joined our region and perhaps before creating the Kingdom of Alexandria.

During his tenure in this region Raven has repeatedly used off site chat forums, not on TNP or NS, to speak to certain people for mostly shady dealings. This is were he got the idea originally for his "fireside chats" that him and the Vice Delegate have done and are considering doing again if they win a second term.

Only I and another Minister knew about these dealings. I'm not sure if our Vice Delegate, Bootsie, knows or not.

In these chatrooms I have experienced, in short order, the following happen on the Delegates part:

1. Ravenclaw admitting that the Dourian Embassy and he ARE THE SAME person!

2. The giving out of the North Pacific Army Manual to the DEN and our allies. The giving of the manual to The Kingdom of Alexandria (a region Lord Ravenclaw founded).

3. The giving out of the Diplomatic Protocol Manual to the DEN and our allies. The giving of said manual to The Kingdom of Alexandria.

That's just a scratch on the surface. That's just the unethical semi dirty things on the spectrum. Here is the rest:

4. Entering into a secret alliance with DEN and Valdoosa, they have both been condemned by the World Assembly, to "fix" the citizenship app process to expedite Den sleeper nations into TNP. Ravenclaw hopes that if he gets enough members in he will have the Regional Assembly stacked in his favor to create a dictatorship.
Under the current Constitution all citizens are automatically Regional Assembly members and thats why he has done this. So far he has interfered with 23 apps to expedite their wait time all of which were a list of puppet nations from DEN passed between RavenClaw and the General of DEN in a off site chatroom.

4. Raven has had the Vice Delegate go ahead and post that these nations (puppets) had passed their Vice Delegate check when they never did. The Vice Delegate would never run a check on them.

5. Raven has run false Admin checks on the same nations and claimed they passed.

6. A freshly minted Deputy Attorney General is a member of DEN. So is a Court Justice and a Deputy Speaker!

When I found out in the chatroom that Raven and Dourian were the same person I only wish that I would have tried to do something then. This was a month into Ravens Delegacy.

It is because of this that I am anonymous. I cannot risk posting without an intermediary like ,thegemini, because my user name will register on the post.
I'm sorry.
I might reach out to mcmasterdonia.

I was planning on just resigning but I'm not now.

This is my plan.
1. I will come forward and reveal my identity and give overwhelming evidence of the Delegate's corruption if:

A. Raven doesn't become Delegate again.

B. I am granted/promised immunity from prosecution from not coming forward sooner.

OR

2. Instead of waiting on Raven to lose election HE CAN RESIGN IMMEDIATELY!


I can't come forward while such a character is in power as Delegate.
I'm afraid if he ever asks if I betrayed him I will have to lie and commit fraud under TNP legal code.


Finally, I would like to endorse thegemini for Delegate.


Its my opinion that his heart is in the right place and that he has a lot of courage. Its because of this courage that I chose him as my intermediary for this speech. The speech of my career.

A good heart and courage make all the difference in the world. It doesn't matter how little or big the experience of the politician or Delegate.
I believe very much that thegemini can guide TNP with a steady hand. All he needs are Ministers that will guide him fairly and a Vice Delegate that is solid in character.


I pray that those who read this proceed wisely,


-G.


End of Speech



I will not reply to threads in this topic or my campaign forum about this speech.This is in the hands of the people. PM me if you want to talk. The title of the topic is the councillors.

Thank you

Comments:
 
I would also be willing to testify on the reasons behind the fireside chat and that the current Delegate and I had no such talks regarding either of us waiving checks to prove the falsehood or deception of the claims.
 
Having reviewed the initial thread I would certainly have some opinions on it. I'll make a point of speaking to Tomb regarding this and drawing his attention to it. I am aware there is other stuff outstanding but this I would imagine (personally speaking) should take precedent namely given the seriousness of it.
 
After some consideration, the AG's office will present an indictment to the Court in the Court Filings thread within the next 24 hours.
 
The Democratic Republic of Tomb:
After some consideration, the AG's office will present an indictment to the Court in the Court Filings thread within the next 24 hours.
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To clarify to any that may not be clear on this, no indictment has been presented to the Court regarding this complaint.

Considering that forum administration have taken steps to remove this nation from the offsite community, does the AG's Office wish to pursue this complaint?
 
Seeing the AG chair is empty, what's to be done with this complaint? The Legal Code doesn't specifically provide for this situation:

7. A "vacancy" in an office occurs when the holder of it resigns, is removed, or abandons it. An office is abandoned when its holder does not log onto the regional forums for two weeks without prior notice, or when an election winner or appointee fails to post the Oath of Office. Pending an election, a vacancy may be temporarily filled as provided by the Constitution, this Legal Code, or a rule adopted by the appropriate body.
10. The Attorney General may, at their discretion, manage the prosecution of any criminal case requested.
11. 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.
12. 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.

This is a unique occurrence in that the AG position is vacant (no special election can be held to rectify that) and the AG is not a defendant, a defense attorney, or a witness in the case. Given this confluence of events, is the Delegate still able to appoint a Deputy AG to manage the prosecution of this case? Or do we wait til mid-July for this to be addressed?
 
At this point, does it need to be addressed? thegemini caused several problems for TNPers and is no longer active. Would Plembobria consider dropping the complaint on the grounds that thegemini is no longer active in TNP?
 
My sincerest apologies, I really should have addressed this sooner.

At the moment, thegemini has been banned from these forums. Providing a fair trial to such an individual would be difficult, if not impossible without significant hoop-jumping on the part of the admin team. While this case would otherwise be worthy of prosecution, the forum ban presents significant difficulties in bringing this case to trial, notwithstanding the fact that the ban itself is a form of punishment that has already been handed out by the administrators. At this point, I do not foresee being able to bring this case to trial in a fair and timely fashion, and as such I do not see the benefit in dragging this out any further.
 
We don't have options for any sort of cursory, posthumous/post-mortem trial or condemnation, aside from the administrators' meting of punishment?

It's concerning to me, as a citizen, that such a legitimate legal matter would go judicially unaddressed, merely because the offending party got themselves banned. thegemini's bizarre, kamikaze tactics might end up repeated by others. Are we supposed to wait in limbo on a case-by-case basis from this point forward to see if such terrorists are to get their just desserts from the judiciary or the administrators, merely depending on which department responds first?

What kind of precedent is this course of non-action setting? Does the community here not deserve a legal closure to this matter? thegemini may be gone, but the problems he caused remain. :2c:
 
I'm not completely rejecting the idea of trying him, not yet at least. I just don't really see the point at this time as we'd be trying him in absentia over crimes he's already been punished for.
 
(To those who do not already know the reason: he was banned due to the suicide threats he was making where he threatened to livestream shooting himself in the head unless these charges were dropped and I resigned as Delegate. The NS Moderators also stated that people who cannot handle environments like our forum and resort to such threats should be removed from off-site boards for their own protection at the discretion of the administrators.

Yes, while he broke our government forum laws, his out of character behaviour was much, much worse on top of the harassment I received - sexual and otherwise from him, plus the blatant falsehoods he told other members of the community trying to have me made a pariah. Please, for the love of all that is holy, let it rest.)

Because, and let's be truthful - if someone was going around saying to members of this community that you were basically a paedophile, you'd want them gone as well. Because that is what he said to at least one person - "that I am a gay minor and part of Lord Ravenclaws harem". This was on top of comments where he basically asked to have sex with me once he realised I was British. I also don't like the timing of this given that it is my birthday on the 6th, and the last thing I need to do is think about the one person who caused me to consider walking away from NS.
 
falapatorius:
Let's leave this for an actual AG to decide, hmm?
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Considering Sasten is the acting AG at the moment, I think that response was unnecessary. Or would you prefer to wait even longer for this judicial election to complete itself?

On the topic at hand, I think I'd agree with Sasten. While it would be appropriate to mete out a punishment for thegemini based on his crimes, it isn't really feasible at the moment due to him being both banned from the forums and restricted from posting on the RMB.
 
IndieGirl:
We don't have options for any sort of cursory, posthumous/post-mortem trial or condemnation, aside from the administrators' meting of punishment?

It's concerning to me, as a citizen, that such a legitimate legal matter would go judicially unaddressed, merely because the offending party got themselves banned. thegemini's bizarre, kamikaze tactics might end up repeated by others. Are we supposed to wait in limbo on a case-by-case basis from this point forward to see if such terrorists are to get their just desserts from the judiciary or the administrators, merely depending on which department responds first?

What kind of precedent is this course of non-action setting? Does the community here not deserve a legal closure to this matter? thegemini may be gone, but the problems he caused remain. :2c:
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I would view this as an exception and not the rule. Typically, the IC action of 'election fraud' is not paired with explicit OOC activity.

As to precedent from a legal standpoint, the incoming AG (or current acting AG) could dismiss for want of prosecution, thereby leaving the case closed but potentially open for prosecution at a later time if the player were to ever return. That would allow for this case to be treated as exceptional without prejudicing future similar IC incidents.

At least that is my opinion on it.
 
Gracius Maximus:
I would view this as an exception and not the rule. Typically, the IC action of 'election fraud' is not paired with explicit OOC activity.

As to precedent from a legal standpoint, the incoming AG (or current acting AG) could dismiss for want of prosecution, thereby leaving the case closed but potentially open for prosecution at a later time if the player were to ever return. That would allow for this case to be treated as exceptional without prejudicing future similar IC incidents.

At least that is my opinion on it.
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I agree that a dismissal without prejudice, for failure to prosecute, would probably be the best course of action. Because it would at least come across as a semblance of judicial activity, rather than mere avoidance.

I appreciate your thoughtful response to this.
 
Strictly speaking, the original complainant could still prosecute the case if the AG declined to do so. The court would be the only one able to actually dismiss it.
 
SillyString:
Strictly speaking, the original complainant could still prosecute the case if the AG declined to do so. The court would be the only one able to actually dismiss it.
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Perhaps 'dismiss' was not the best word choice. But a refusal to prosecute on the same grounds will have the same effect in our system from the AG's Office perspective. If the complainant pursues it separately that is a different matter.
 
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