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Date: Fri, 20 Jun 1997 20:10:59 -0700
To: snetnews@world.std.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: SNET: Heads Up:  Kick-Backs are Felonies too!


->  SearchNet's   SNETNEWS   Mailing List

Don't forget the Anti-Kickback Act of 1986:
Title 41, United States Code, section 51 et seq.

/s/ Paul Mitchell
http://www.supremelaw.com




At 02:31 AM 6/21/97 GMT, you wrote:
>
>->  SearchNet's   SNETNEWS   Mailing List
>
>
>FORWARDED On Fri, 20 Jun 1997 19:42:09 -0400 (EDT), Doug Fiedor
><fiedor19@eos.net> wrote:
>
>
>
>
>		         Heads Up
>
>   A Weekly edition of News from around our country
>
>		  June 20, 1997   #40
>
>	  by:  Doug Fiedor    fiedor19@eos.net
>
>----------------------------------------------------------
>  Previous Editions at:  http://mmc.cns.net/headsup.html
>----------------------------------------------------------
>
>
>CORRUPTION
>	Here's a list of felonies you're all going to 
>love.  And these felonies have hardly anything to do 
>with the White House, either.  "Hardly," of course, is 
>the Clintonesque weasel-word in that last sentence. . . . 
>	In this case, we have misappropriation and 
>misapplication of public funds, misconduct in office and 
>misfeasance.  There is also an ongoing conspiracy of long 
>duration to carry out the above.  Any good lawyer could 
>probably add a few more crimes to this list, but those 
>will get us going for now.
>	Oh, and just to add a little flavor to the 
>story, most of the conspirators, and the majority of at 
>least one House of Congress (most of them are not 
>directly involved), admit this is true.
>	Among the conspirators are the past and present 
>Secretary of State, certain members of the Army and Air 
>Force, certain employees of the EPA, and a number of 
>management-level employees in at least twelve other 
>federal agencies.
>	Many members of government don't seem to see 
>the "crime" here.  Or, at least publicly they won't admit 
>they do.  So let's define our terms enough to show them 
>that there is clear-cut wrongdoing deserving of 
>prosecution.
>	Our Barron's Law Dictionary defines 
>misappropriation and misapplication as:  "The use of 
>funds or property for a purpose other than that for which 
>they are intended or legally required to be used.  
>Misapplication and misappropriation particularly apply to 
>acts of fiduciary [one in a position of trust], including 
>public servants as well as private trustees.  The term 
>can include the misapplication of funds intended for 
>another purposes, e.g., the misapplication of public 
>money. . ."
>	Misconduct in Office is defined as:  "Corrupt 
>misbehavior by an officer in the exercise of the duties 
>of the office or while acting under color of the office; 
>includes any act or omission in breach of a duty of 
>public concern by one who has accepted public office."
>	Misfeasance is "the doing of a proper act in a 
>wrongful or injurious manner; the improper performance 
>of an act which might have been lawfully done."
>	With that taken care of, now we can get to the 
>particulars.
>	Back in the Carter Administration there was a 
>big international agreement which many countries signed 
>onto.  The United States agreed, in part.  And, like 
>always, the American taxpayer got stuck paying big bucks 
>for something that had zero benefit for the American 
>public.
>	The key word there was "agreement."  It was not 
>an international treaty.  President Carter agreed, in 
>part, and implemented part of the agreement through an 
>executive memoranda.  The administration then secured 
>minimal program funding from Congress.
>	A committee was formed, made up of members of 
>various federal agencies, the State Department, the Army, 
>and the Air Force.
>	But, Carter lost the election.  Reagan became 
>President.  And this agreement was costing us big bucks.  
>So, out it went.  Funding was stopped, and the program 
>was over.
>	Well, on the books -- as far as Congress 
>knew -- the funding was stopped, anyway.  In reality, 
>little changed.
>	The story gets a bit foggy during the last two 
>years of the Reagan Administration and throughout the 
>Bush Administration.  But, based on the actions of the 
>committee running the program -- as you will see 
>shortly --  it's obvious that they did not lack for 
>funding.
>	The State Department kicked in a million 
>dollars a year or so to keep the project going.  The Army 
>and Air Force contributed big bucks most years.  So did 
>at least thirteen federal agencies involved in the 
>project.  The committee proceeded on for thirteen 
>continuous years that way.
>	Every year, Congress designated funds for specific 
>needs of these federal agencies and departments, and every 
>year, for thirteen years, bureaucrats from these different 
>federal agencies and departments diverted a part of their 
>funding to support a project that was legally canceled.
>	Nothing ever showed up on the federal budget, 
>but every year the U.S. National Committee for the Man 
>and the Biosphere Program was well funded with 
>misappropriated and misapplied taxpayer dollars.
>	Members of the military have a shortage of fuel 
>and ammunition with which to train.  But still, the Army 
>and the Air Force found money to help fund an illegal 
>bureaucracy.  Some of the ambassador's residencies around 
>the world are in such disrepair that the roofs leak and 
>the plumbing will not work.  Yet the State Department 
>poured millions of taxpayer dollars into a project that 
>was legally canceled.
>	Federal agencies with mandated 
>duties . . . err . . . well, let's just say that they 
>had no authority to spend the money that way.  Actually, 
>it would be to our benefit if most federal agencies were 
>totally defunded -- but that's another story.
>	The point is, EPA, BLA, and the rest of those 
>agencies misappropriated money.  And it ends up totaling 
>a lot of money!
>	Now comes the Man and the Biosphere Committee 
>itself, and even different offenses.  Because, this was 
>the group -- most of whom work for federal agencies and 
>know better -- that intentionally received the misapplied 
>and misappropriated money thirteen years in a row.
>	They knew they had no authorization to exist.  
>They knew the funds they received were legally designated 
>for other programs.  Yet, they participated in this 
>illegal program anyway.
>	Now comes the opinion of the majority of Congress:
>	On April 24, 1997, Rep. Coburn offered an 
>amendment to the National Science Foundation budget 
>stating that:  "No funds appropriated pursuant to this 
>Act shall be used for the United States Man and Biosphere 
>Program, or related projects."
>	Coburn spelled out the law for the House:
>	"It is important that the people recognize that 
>the Biosphere Reserve and World Heritage sites are under 
>the guidance of the United Nations Educational, Scientific 
>and Cultural Organization also known as UNESCO.  The 
>United States withdrew from that Organization in 1984 
>because of gross financial mismanagement.
>	"Over 68 percent of our national parks, 
>preserves, and monuments have been designated as United 
>Nations World Heritage sites, Biosphere Reserves or both.  
>There are currently 47 of those sites [94 actually] in 
>the United States, covering an area the size of Colorado.  
>Under the relative agreements, the United States is 
>promising to manage lands in accordance with international 
>guidelines.  Many times local governments, [and] private 
>property [owners] are never consulted in these management 
>plans.  This is a clear violation of private property 
>rights.  The biosphere programs, including the United 
>States Man and Biosphere Program, have never been 
>authorized by any Congress, never been authorized, but 
>still received [funds] this past year and this year will 
>receive over $700,000 of taxpayers' money.
>	"The National Science Foundation distributed 
>more than $400,000 in grants to this unauthorized program 
>despite the fact that the program has never had a 
>consideration or vote in Congress and has never been 
>approved by a body of the Congress."
>	The amendment easily passed.
>	That was last April.  On June 5, the liberals 
>responded with a correction for the problem.  Reps. Brown 
>and Miller, both liberal Democrats from California, 
>introduced H.R. 1801:  A bill "To authorize the United 
>States Man and the Biosphere Program."
>	But, even if that bill were to pass, it would 
>not be retroactive.  All biosphere reserves that exist 
>today would still be illegal.  So too are all those UNESCO 
>signs at the entrance to many of our parks.  Not even 
>H.R. 1801 would authorize involvement in a UNESCO program.
>	So, Mister and Misses American Citizen, now 
>what do we do about those bureaucrats who misappropriated 
>all that money and bothered thousands of American families 
>with their totally unauthorized project?
>	Quite obviously, prosecution is warranted.
>	Your responsibility, then, is to tell them so.
>
>WHY NO PRESS
>	"Is the fourth estate for UNESCO?" was asked 
>us in one form or another nearly a dozen times these past 
>three weeks.  "This subject is important to people!  Why 
>doesn't the national press pick up on this biosphere 
>story?"
>	Why indeed!
>	Better asked would be why doesn't the national 
>media ever discuss Constitutional issues.  There's a 
>simple answer for that -- and it's not necessarily because 
>they're all a bunch of socialists, either.  All are not.  
>The answer is a whole lot simpler than that.
>	First, most members of the national press -- the 
>political reporters, anyway -- live in Washington.  And 
>most of them are a bunch of party-people.  They like to 
>hang out at the good bars, dine at the fancy restaurants 
>and attend all the good parties.  Understandably, they 
>want to be seen hobnobbing with the movers and shakers 
>of the nation.
>	And duty in Washington is a good place for 
>that.  Washington is a political town, to be sure.  But 
>intermixed with all the political stuff is what seems 
>like a never ending series of cocktail parties.  And these 
>parties all have free food and drink, which reporters like.
>	Even fund-raisers supply free food and drink 
>for those attending.  And all parties have politicians 
>attending.  Which, of course, are the very same people 
>the reporters were sent to Washington to write about.
>	If a reporter writes in opposition to a position 
>taken by a lobbyist, that reporter might not be welcome 
>at the fund-raiser parties that lobbyist throws for 
>politicians.  That's usually not a big deal, because 
>there are numerous parties going on every week -- usually 
>more than any one reporter could attend.
>	But, for a reporter to anger the political 
>power structure in Washington is an altogether different 
>problem!  That would mean no more hobnobbing with the 
>powers that be.  That could mean no more invitations to 
>the power-elite parties.  That could mean no more of those 
>little leaks most politicians like to give "off the 
>record" at cocktail parties.
>	It could also mean that a reporter would have to 
>actually dig to get a story, rather than just "report" 
>verbatim from press conferences and the supplied press 
>releases.
>	It's much easier to be friends with elected 
>officials and their staffs.  That is what reporting is 
>all about in Washington:  Passing on the information you 
>are told.  Oh sure, some so called "journalists" might 
>actually rewrite a line or two and add an interesting 
>tidbit not offered on that particular press release.  But 
>if you read the reports from a number of different 
>Washington reporters attending the same press conference, 
>you will always see the exact same words used in all of 
>the reports.
>	There's a reason for that.  They all write 
>their "news report" from the script provided by the 
>politicians.  And, for the most part, they follow the 
>script exactly.
>	So, what if the politician is a bold faced liar 
>and crazy as a loon?  Well, there are a few of them in 
>government, and they do not seem to have a problem 
>getting their "spin" printed, no matter how preposterous 
>it may be.
>	And what about those Constitutional issues?  
>Yeah.  What about them?
>	Ninety percent of the officials in Washington 
>obviously have no intention of obeying the Constitution.  
>If they did, the federal law books would probably all fit 
>on one shelf.  So, how can anybody expect a reporter with 
>a permanent post in Washington and lots of political 
>friends to want to rock that boat?
>	Get real!
>	In a nutshell, that's the problem.
>	The politics of our nation's Capital is made 
>up of entangling alliances.  So there is no surprise to 
>find a synergistic relationship between politicians and 
>the reporters making up the national press corps.  The 
>fact is, they need each other.  And simply put, the needs 
>of both groups are best met when they get along with each 
>other.
>	But a reporter is the more expendable of the two.  
>So, when reporters don't get along with the political 
>types, they are usually transferred.  That's because many 
>politicians also know the media bosses.  Therefore, it's 
>little problem to have a reporter who is "rocking the 
>boat" too often transferred to another city.
>	Consequently, the "approval rating" of the 
>national media is only slightly better than that of 
>Washington politicians.  Both are down around 20% in 
>believability.  They should be, too.  Because in many 
>cases, Americans would receive exactly the same news if 
>politicians just e-mailed us all their press releases and 
>eliminated the media people altogether.
>	So when Heads Up readers ask why stories like 
>the biosphere reserve scam never seem to make the major 
>news . . . well, it's because all the Washington media 
>does is "report" what they are told nowadays.  There are 
>no "journalists" covering the waste, fraud and abuse in 
>government anymore.  And there most certainly are not any 
>"journalists" willing to report any of the thousands of 
>violations of our Constitution every year.
>	If they did, they wouldn't be invited to any more 
>parties.
>
>BIODIVERSITY TREATY BANS HUMANS
>	by: Craig M. Brown 
>	There was a lot of noise made recently, both in 
>and out of the Senate, when the Kentucky State Senate 
>voted unanimously for a resolution opposing the yet-
>unratified Biological Diversity Treaty.
>	Since this has a lot to do the recent federal land 
>grabs of property in Kentucky, I decided to read the 
>treaty.  It's not what you'd call a "fun read" for the 
>kids at bedtime, but I'd recommend that you take two 
>aspirin and look it over.  Then ask your Congressman to 
>read it.  If you don't, you may find that what you can or 
>can't do with your property -- or even if you can live on 
>it -- will be decided by a bunch of guys who live in 
>Paris.  That's Paris, France, not Kentucky.  
>	After plowing through ten pages of legal gobbley-
>gook you will find that the Biological Diversity Treaty 
>is all based on the dubious premise that the survival of 
>our species is dependent on turning over the basic human 
>rights that we as Americans have come to expect to a 
>"contracting party."  These "contracting parties" will be 
>appointed by UNESCO and their decisions will directly 
>affect you and me, bypassing all our federal, state and 
>local governments.
>	When this treaty was first submitted in 1992, 
>then-President Bush didn't like it and never presented it 
>to Congress for ratification.  Then along came President 
>Clinton.  He kind of liked this one-world idea, so he 
>went about signing Executive Orders and Initiatives to 
>take over state lands without passing it through Congress 
>for ratification.
>	He didn't tell us why he bypassed Congress, 
>but it's safe to assume that he was afraid that Congress, 
>which is supposed to be representative of the people, 
>might not agree with him.  So there it stands.  Forty 
>seven large hunks of sovereign state land, stretching 
>through all fifty states, including Kentucky, have been 
>designated by the federal government to be used by 
>UNESCO to study biological diversity, free from 
>"contamination" by people.
>	This is our sovereign land, soaked with the 
>blood of patriots who centuries ago wrenched it from 
>the hands of tyrants to give to a free people with a free 
>will and a constitution to guide them.  Now, by Executive 
>Orders and an unratified treaty our land will be 
>transferred back to the tyrants.
>	Or will it?  It's your call.
>
>THE SPIRIT OF VLAD
>	The more we blab on about socialism -- and 
>the decline of freedom --in the United States, the more 
>politicians seem to say things that prove our point.  See 
>if you can guess which famous politicians these quotes 
>are from.
>	"Imagine an army of 100,000 young people 
>restoring urban and rural communities and giving their 
>labor in exchange for education and training.  . . .  We 
>will harness the energy of our youth and attack the 
>problems of our time.  It literally has the potential to 
>revolutionize the way young people all across America 
>look at their country and feel about themselves."
>	That quote, should be easy.  It pertains to 
>"national Service," or paid "volunteering."  So now let's 
>try a quote from an equally famous person.  The following 
>quotation will not be published in the national press for 
>reasons that will become obvious momentarily.
>	"We must organize all labor, no matter how 
>dirty and arduous it may be, so that every [citizen] may 
>regard himself as part of that great army of free 
>labor.  . . .  The generation that is now fifteen years 
>old must arrange all their tasks of education in such a 
>way that every day, and in every city, the young people 
>shall engage in the practical solution of the problems of 
>common labor, even of the smallest, most simple kind."
>	The first quotation should be easy.  That's Bill 
>Clinton encouraging paid volunteers -- by whatever means 
>he can use to force people to do his bidding.  The second 
>quotation is a little harder to read because it is a 
>translation.  Vladimir Lenin did not intend to pay his 
>"volunteers."  In those days, if you did not follow 
>orders you could be shot.
>	We have not yet declined to the point where 
>citizens will be shot for not volunteering.  However, if 
>the Clinton program continues, we can be sure that there 
>will soon be fines, assessments and other punishments 
>inflicted on those who do not "volunteer" as directed.
>
>REBEL, REVOLT, RESIST
>	Yesterday, the Senate Commerce Committee 
>approved the McCain-Kerrey "Secure Public Networks Act" 
>(S. 909).  This bill would impose severe restrictions on 
>the ability of Americans to protect their personal 
>privacy.  It is an outright threat to the privacy and 
>security of Internet communications.
>	In this bill, Senators McCain and Kerrey 
>outwardly and intentionally violate both the intent and 
>meaning of the Fourth Amendment to our Constitution.  
>Although S. 909 "allows" Americans to minimally encrypt 
>files transmitted over the Internet, the federal 
>government is to keep the encryption keys, and a search 
>warrant will not be necessary for agents to use the 
>keys.  The bill also calls for a whole slew of new 
>criminal penalties for the use of encryption that is 
>inconvenient for government agents to break.
>	The Center for Democracy and Technology (CDT) 
>has provided a full text of the bill, along with a 
>detailed analysis of S. 909, and an analysis of the 
>constitutional issues raised by the key-recovery 
>provisions.  The text is online at:  http://www.crypto.com
>	We could provide a discussion of applicable 
>court cases here, but CDT covers all that very nicely on 
>their web page.  So instead, we provide a very applicable 
>story we ripped off (with permission) from the "Weekly 
>Update" Internet Edition, Volume 4 Issue 20, June 9, 
>1997, a publication of The Michigan Militia Corps'.
>	Because folks, our position in this matter must 
>be "Just say No!"  It's time we told them to back off, 
>shut up, and don't ever speak of that again!  It is 
>neither the business nor the concern of government to 
>monitor what we communicate to each other.
>	It is, however, our responsibility as sovereign 
>American citizens to instruct our servants in government 
>to cease and desist.  We must be loud and clear with our 
>warning that they have overstepped their Constitutional 
>boundaries, and so must stop.
>	Please take the time to instruct your three 
>Members of Congress next week.  S. 909 is a violation 
>of the Fourth Amendment, and hence a violation of the 
>inalienable right to privacy of all American citizens.
>	And now the message from Jeff, editor of the
> "Weekly Update:"
>
>	The following article was taken from a 
>newsletter called "The Resistance," put out by the 
>National Smokers Alliance.  Although this article 
>concerns smoking laws in particular, this course of 
>action is probably the most effective approach to dealing 
>with bad laws, and I can guarantee that when you announce 
>such intentions, in advance, to those who pass such laws, 
>they are absolutely dumb-founded.  Since our legislators, 
>local, state and federal, no longer seem to listen to the 
>people or abide by Constitutional limitations, this may 
>be our last resort.
>------------------------------
>Does Resistance Work?
>	Just ask the people of Toronto who successfully 
>defeated one of the most severe smoking laws in North 
>America.
>	"Bad laws should not be obeyed," advised 
>Toronto Star columnist Rosie Dimanno of the bylaw that 
>banned smoking in almost all restaurants and bars 
>citywide as of March 3 of this year, "Rebel, revolt, 
>resist."  And that's just what the citizens of this 
>Canadian city did.
>	Faced with revenue losses of up to 30 percent, 
>restaurant owners openly defied the law.  Some refused 
>to enforce the ban even in the face of hefty fines that 
>ranged from $205 to $5,000.
>	"What am I going to do when the inspectors come 
>around?" said the proprietor of one Toronto cafe.  "I'm 
>going to say [that] I'm not complying with this law and 
>you do whatever you have to do."  "I've talked to a lot 
>of restaurateurs in town ... and nobody's respecting it 
>(the bylaw)," said the owner of a popular restaurant.  
>"I've visited seven of my friends in their restaurants 
>and everybody smokes.  There's ashtrays everywhere.  
>Nobody cares."
>	"Waiters are playing a little game," commented 
>a pub owner.  "They tell people they are sorry there is 
>no smoking and then get them a menu and an ashtray."  
>Some restaurateurs, fed up with the law, put their 
>establishments up for sale, while others closed their 
>doors in protest.  Individual smokers also resisted the 
>law.  Left with nowhere to go, many wound up smoking in 
>sections that had once been reserved for non-smokers.
>	"We used to be able to accommodate non-smokers, 
>now people smoke wherever they feel like," said a saloon 
>owner.  "A lot of peoples' attitude is, 'Come and give me 
>a ticket,'" said another.  Ontario Restaurant Association 
>President Paul Oliver noted that "I had a call from a 70-
>year-old woman who said she went out today and broke the 
>law for the first time in her life, and she'd do it 
>again.  It's like the wild west out there," Oliver 
>concluded.
>	The resistance of citizens and business owners 
>surprised city officials, who had been advised by anti-
>smoking activists in the United States that things would 
>settle down within six months.  "It didn't work the way 
>we had hoped it would," commented Toronto Mayor Barbara 
>Hall in The Globe and Mail.
>	The issue was resolved within six weeks.  After 
>restaurant workers showed up at an April 14 city council 
>meeting in T-shirts that said, "Save our jobs" and "Let 
>the consumer decide" -- and began chanting, "We won't 
>comply" -- the Toronto City Council backed down and voted 
>to allow restaurants and bars to have smoking sections.
>	"Elected officials in the United States should learn a 
>lesson from our neighbors to the North," said NSA 
>President Thomas Humber.  "When they go too far, the 
>people will resist."
>
>			-- End --
>
>
>_______________________________________
>Charles L Hamilton  (chasm@insync.net)  Houston, TX
>
>-> Send "subscribe   snetnews " to majordomo@world.std.com
>->  Posted by: chasm@insync.net (Schuetzen)
>
>
>

========================================================================
Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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