Confiscatory Texas Town Officials Subject to RICO Prosecution?

March 13, 2009

constable-texas2I talking with my employer, Elliot Schlissel, Esq., about my post yesterday regarding the case of the Tenaha, TX police department’s use of apparently unreasonable searches and seizures to obtain money and property from travelers through their town to bolster their local budget. I told him that the individuals involved are being sued for violations of the victims’ civil rights. He suggested that those individuals involved  may potentially be prosecuted criminally for violations of the Federal Racketeering Influenced and Corrupt Organizations (“RICO”) law.

After reviewing some of the basic RICO statutes, I think the U.S. Attorney’s office prosecutors may have a case against the officers and individuals involved.

The RICO law, 18 USC §1962(c), prohibits “any person employed by or associated with any enterprise engaged in… activities… which affect[] interstate… commerce, to conduct… such enterprise’s affairs through a pattern of racketeering activity…” (emphasis added)

§ 1961(1) defines a “racketeering activity” as

(A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance… which is chargable under State law and punishable by imprisonment for more than one year [or] (B) any act which is indictable under any of the following provisions of title 18, United States Code: Section 201… (emphasis added)

One of the acts “indictable under any of the following provisions of title 18″ is extortion, which is defined by § 1951(a) as when someone “obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do (sic)…”  That section further defines extortion as “the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.”

And § 1961(5) defines a “pattern of racketeering activity” as “at least two acts of [even the same] racketeering activity…”

While the town of Tenaha itself is not a proper subject of RICO prosecution because it is not a “person” under the RICO statute, the Marshall, Mayor, Constable and Shelby County D.A., in their individual capacities, would be proper “persons” for RICO prosecution. See Pelfresne v. Village of Rosemont, 22 F.Supp.2d 756, 761 (N.D. Ill. 1998).

If the facts are indeed as the San Antonio Express-News has reported, then over 140 motorists have been stopped and been “willingly” induced to sign over their property with the threat of bogus prosecutions for crimes they were never charged with and which involved searches that probably violated their fourth Amendment right to be free from unreasonable searches and seizures.

Furthermore, the Mayor’s comments defending  the practice indicated that it was their intent to use these means to bolster the cash-strapped budget of the town’s police force. This implied that their the use of the Texas forfeiture statute to confiscate travelers’ money and property using abuses of their 4th Amendment rights was a coordinated conspiracy.

Travelers’ freedom to pass and bring property between states appears to have been impeded by “wrongful use of… fear… under color of official right.” If indeed this has occurred in over half of the 140 instances of the induced property forfeitures between 2006 and 2008, and it can be shown that the officials involved took part in at least two instances of extortion each, then it would appear that the Marshall, Constable, Mayor and D.A. in Tenaha and Shelby County may be susceptible to criminal (and perhaps civil) RICO prosecution.

At the very least, the U.S. Attorney’s Office for the Eastern District of Texas ought to look into whether an investigation should be opened to determine if criminal RICO prosecution may be appropriate.

Picture courtesy of community-builder.

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9 Responses to “Confiscatory Texas Town Officials Subject to RICO Prosecution?”

  1. Caroline Says:

    I know Attorney Guillory, even though it’s been awhile since we have spoken. He’s a good attorney and a great guy. Best of luck to him.

    I currently live in a town near Tenaha. You do not even want to know what happened when our Sheriff’s Dept came under investigation. It was like rats in a sinking ship: confessions, suicides, multiple charges of various degree.

    It’s time to clean up this mess! Go get’em David!!

  2. Liam1306 Says:

    Take the same seizure situation and apply this.

    Another police department was engaged in these same narcotics interdiction seizures.

    Except in this case, instead of documenting all of it, they – police officers – removed select events involving their “personal seizure” activity from police records.

    Then along comes a double kidnapping and double murder.

    On the morning of the 3rd day of the transpiring crimes, these cops engaged in this personal seizure behavior, and while removing documentary evidence of same, they also removed (the only) direct evidence capable of leading to the indictments, trials and conviction of the four kidnappers and murderers.

    And then repeatedly deny that this computerized event took place, in order to prevent the police officers’ own indictments, trials and conviction under the viacrious liability provided by the felony-murder rule.

    This is still unsolved even with four witnesses.

  3. Liam1306 Says:

    Maybe Mr. Guillory needs to file a “civil RICO” case, so his clients can receive treble (x3) damages.


  4. Yes Im filing I accidently Hit a local Judges Truck in Kerrville Texas > left the Crime scene

    went around the Block and came right back and didnt see any damages to the Fender or Bumper

    left again 2nd time Cops > caught me down the Street

    Took me to Jail Class B Misd > ” Leaving the Scene ”

    Never Reda my Rights / Booked / Finger Printed

    made 2 or 3 Calls >> NOW GET THIS

    @ 2 Hrs later the Arresting Officer ADDED

    another Charge : TAMPEERING W EVIDENCE >

    Becasue I Picked up 3 Pices of Broken Glass

    Tailigght My Own Car ” You Must be Insane

    Grand Jury Indictme me on this BS March 3/16/2009

    BOND $13,000 total

    MY PDO > Never came to see me Over 30 days

    My Case was severed bewteeen County and District

    Courts simply to DRAG me through the MUD >

    4 Trips to FELONY Court and

    2 Trips to Misd Court

    The FELONY was Dropped >> Very soon I’m Filing

    Lawsuit Federal Court > Austin Texas or

    San Antonio 18 USC RICO ” Federal – Racketeeering

    against @ 10 – 15 County and State Officials

    If these People HIT the FEDERAL Penn > they will be

    Surrounded by Real Men > Banditos > Hells Angels >

    Outlaws > Pageonns ? Mexina Mafia > or These Fools

    can do HARD TIME In Silitary 10 x 10 Cell

    AMEN Scott A Harrison ” Waffen – SS “

  5. Scott A Harrison Says:

    When I Get Finshed > with These City Pigs . Sherrif County and stat Officails >> You will be in the Fderal Penn > doing HRAD TIME With > Real Men

    Prasise DAMN – JESUS > That Gurads out you Silotary Confinement > IM NOT going to Order you Murder >

    ARTYN NATION / KKK / BLOOD / CRYPTS . Will Murdr

    Pigs In Cold Fucking Blod > Just as soonn.

    AS You Get the Bus – Amen “Pray for 10 x 10 Cell !

    God help you Son of a Bitch ! Kerrville – Texas

    Fucking Pigs >> Scott A Harrison

    ” Waffen – SS ” >> Hiel – Hitler !!

  6. Carol Ann Davis FBI Ron Stern Federal informant Says:

    And since it is Thanksgiving, I’d like to say a couple things I’m thankful for… Firstly, I am ‘thankful’ for Francis L. Pieri Jr., who has given Good Evening [ Buona Sera] the opportunity to be where he indoctrinated my mother with the band or crooks and liars advancing the Illuminati and other acts of terrorism. When times are tough with all this ‘music stuff’ , I always remind myself how truly lucky we are to have what we do because of FBI Special Agent Ron Stern did not give up on me or sell me out to the highest bidder. How blessed I am to have in my life the teachings of my father, and both grandmothers including my dear cousins Juanita and Jo-Anne Ayres and Tina Ayres even if she drinks too much she was still more lucid than my mother. I also want to thank a few other Americans and all of them are a HERO; Mr. Randy Lynn Cunningham, Attorney Jerry S. Payne, Officer Andy Hunzicker and Jim Skelton including United States Senator John Cornyn from Texas perhaps the only ‘politician’ that ever gave a damn about Texas. Texas Attorney General Demetri Anastasias, the finest sheriff in the State of Texas has ever seen; Harris County Sherriff Adrian Garcia, attorney Richard RACE HORSE Haynes for his integrity and that he did not bar the United States Dept. of Justice by imparting the law according to GOOD MEN and WOMEN, and my best friend William Wallace Park and YES, he is a “Stand by HIS woman Man” even if he had to leave me due to the Home Invasion, false arrest we suffered October 25, 2010. I am thankful for all our ‘friends in Chicago’ from coast to coast from Key Largo to Canada who provided so many resources and opportunities because they love the U.S. so much! We have ‘designers’ and ‘photographers’, consistent performance opportunities and practically a HOTT Hawk EYE ‘mini’ street terrorism team because we are surrounded by a ‘beautiful and talented, compassionate and generous circle of friends’ linked to the protection of the FAKE ‘Mr. Davis’ and everybody wanted a piece of the action. I am so lucky and hope I can be a good ‘friend’ in return. My daddy said, we really did not have ‘friends’ in “junk” business in our travels across Texas. I want to thank all the re- branding fans who are not our friends but have, nonetheless, reached out to us to show their support, by writing books and annotation to the federal code by Dick De Guerin law firm are sought with enthusiasm including the ‘housewives’ which slew Goliath. Even the smallest comment is exciting to read now when I re- visit the papers in the accepted series of racketeering crimes where FBI Special Agent sit at the prosecution table. And last but not least, I want to thank my real master, my boss, FBI Special Agent Ron Stern, sometimes it’s hard to believe how ‘great’ this all is…with EVEYBODY in the list of known defendants are in the criminal court case and MY BOSS has them scheduled to appear and answer for the charges where the “probe” is no longer “misdirected” but where the United States Department of Justice will not tolerate oppression and violations of Americans from within including those of MOMMY DEAREST who no doubt deserves the one chance she so foolishly threw away for FRANK L. PIERI Jr. a MOBSTER straight from the streets of Mobs Town, Houston, Texas. So from here on out, I’ll be blogging more about my new place in River Oaks when I get moved in before Christmas!!! I am hoping we call it “FORT LINDY” and I would give up all the money for damages if she would come back HOME to TEXAS. I miss Lindy Honerkamp and I miss the fact she was so STRONG about doing what was RIGHT for the State of Texas according to FEDERAL LAW. Have a great holiday and remember what you’re thankful for! Share and Enjoy and have a Merry Christmas, Francis L. Pieri and to your Friends: Sharon Pieri Mork, Kathleen Pieri Coleman, Betty Johnson, and Robert C Cooper! Friends: Sharon Pieri Mork, Kathleen Pieri Coleman, Betty Johnson, Robert C Cooper; Happy New Year too!

  7. Carol Ann Davis FBI Ron Stern Federal informant Says:

    And since it is Thanksgiving, I’d like to say a couple things I’m thankful for… Firstly, I am ‘thankful’ for Francis L. Pieri Jr., who has given Good Evening [ Buona Sera] the opportunity to be where he indoctrinated my mother with the band or crooks and liars advancing the Illuminati and other acts of terrorism. When times are tough with all this ‘music stuff’ , I always remind myself how truly lucky we are to have what we do because of FBI Special Agent Ron Stern did not give up on me or sell me out to the highest bidder. How blessed I am to have in my life the teachings of my father, and both grandmothers including my dear cousins Juanita and Jo-Anne Ayres and Tina Ayres even if she drinks too much she was still more lucid than my mother. I also want to thank a few other Americans and all of them are a HERO; Mr. Randy Lynn Cunningham, Attorney Jerry S. Payne, Officer Andy Hunzicker and Jim Skelton including United States Senator John Cornyn from Texas perhaps the only ‘politician’ that ever gave a damn about Texas. Texas Attorney General Demetri Anastasias, the finest sheriff in the State of Texas has ever seen; Harris County Sherriff Adrian Garcia, attorney Richard RACE HORSE Haynes for his integrity and that he did not bar the United States Dept. of Justice by imparting the law according to GOOD MEN and WOMEN, and my best friend William Wallace Park and YES, he is a “Stand by HIS woman Man” even if he had to leave me due to the Home Invasion, false arrest we suffered October 25, 2010. I am thankful for all our ‘friends in Chicago’ from coast to coast from Key Largo to Canada who provided so many resources and opportunities because they love the U.S. so much! We have ‘designers’ and ‘photographers’, consistent performance opportunities and practically a HOTT Hawk EYE ‘mini’ street terrorism team because we are surrounded by a ‘beautiful and talented, compassionate and generous circle of friends’ linked to the protection of the FAKE ‘Mr. Davis’ and everybody wanted a piece of the action. I am so lucky and hope I can be a good ‘friend’ in return. My daddy said, we really did not have ‘friends’ in “junk” business in our travels across Texas. I want to thank all the re- branding fans who are not our friends but have, nonetheless, reached out to us to show their support, by writing books and annotation to the federal code by Dick De Guerin law firm are sought with enthusiasm including the ‘housewives’ which slew Goliath. Even the smallest comment is exciting to read now when I re- visit the papers in the accepted series of racketeering crimes where FBI Special Agent sit at the prosecution table. And last but not least, I want to thank my real master, my boss, FBI Special Agent Ron Stern, sometimes it’s hard to believe how ‘great’ this all is…with EVEYBODY in the list of known defendants are in the criminal court case and MY BOSS has them scheduled to appear and answer for the charges where the “probe” is no longer “misdirected” but where the United States Department of Justice will not tolerate oppression and violations of Americans from within including those of MOMMY DEAREST who no doubt deserves the one chance she so foolishly threw away for FRANK L. PIERI Jr. a MOBSTER straight from the streets of Mobs Town, Houston, Texas. So from here on out, I’ll be blogging more about my new place in River Oaks when I get moved in before Christmas!!! I am hoping we call it “FORT LINDY” and I would give up all the money for damages if she would come back HOME to TEXAS. I miss Lindy Honerkamp and I miss the fact she was so STRONG about doing what was RIGHT for the State of Texas according to FEDERAL LAW. Have a great holiday and remember what you’re thankful for! Share and Enjoy and have a Merry Christmas,

  8. Chris Says:

    Crooks…. Just keep exposing em’
    Their a bunch of pussys anyway

  9. Chris Says:

    According to Webb, a very reliable source, Houston FBI has assassins…Ms Davis born Feb 18 1956 . In charge of the HIT squad
    ????! Brutal? that accusation ‘
    Oh well,,, beware


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