The Criminal Protection System

Table Of Contents

Warning: this page is here as a rant about the injustice in our laws and system that protects criminals at the public's expense.

I am thankful this crime was prosecuted, and especially thankful to the detective, investigator, district attorney and judge that made it happen. By all means, if you know of a victim of sweetheart swindle, report the fraud to your local police. But first, see my links page. You may want to first gather some evidence and further knowledge and guidance. And understand that justice will not necessarily be served by the authorities. "We are only interested in jail time." In other words, we will do nothing to recover any of your loss from the crooks.

Evidence / Testimony

It could be that my case was successfully prosecuted because I went to the police with a silver platter of evidence and was a very credible witness on the stand. I delivered a detailed financial log of every cent ever given to Mitchells and what they claimed it was for, thanks to the diligent record keeping that I always do for all my income and expenses. I also provided pictures of the crook and audio tapes of her psycopathic conversations. Finally, I testified on the stand for 4 days during the preliminary hearing which convinced the defense they didn't stand a chance at trial.

I doubt this case would have been prosecuted without my incriminating evidence and testimony. This is why the gypsies can usually get away with it by completely destroying their victims. Search the internet to see what I mean. But I refused to give up and refused to be too humiliated to fight back. But even if you do have evidence, the police could still ignore you. Read Jack Olson's Hastened to the Grave where murderous Tene Bimbo gypsy sweetheart swindlers were ignored by police for years in San Francisco.

Criminal Lawyers

If you are "lucky" enough to have a provable case and enough energy left to fight it, you may still be scammed by our wonderful criminal protection system. The Mitchells had no problem retaining 3 prominent defense attorneys with my stolen money. Check the yellow pages for lawyers: they are readily available if you are a rich thief needing defended. But just try and find a criminal offense attorney to help you catch the thieving crooks. You can't do it! I was unable to get a lawyer to do anything useful on this case. The gypsies know the lawyers are on their side; lawyers are their best friends.

Good, but Ignored, Laws

Once the case was in the hands of the "people of the state", I was actively encouraged not to learn about the crooks and their crimes or to seek legal action. This was to ensure I would be a "clean" witness on the stand. So it wasn't until months later, after it was too late, that I learned about all the laws that were ignored on purpose, to ensure I would recover nothing and the gypsys would get away with their theft. As the gypsy might say "Mande has gared the luvvu; mande is kek atugni for the besh's starripen" - "I have hid the money, and care nothing for the year's imprisonment." -- The English Gypsies

WARNING: I am not a lawyer. I am just an engineer reading the California Code and assuming it means literally what it says. If you can explain to me why these codes should go unenforced, I would appreciate it.

In California, there are actually laws on the books that appear to implement justice. In the case of theft, for example, the intent seems to be to actually return the amount stolen to the victim. Apparently these good laws can be routinely ignored by law enforcement, at least to the extent they can get away with it.

Penal Code 186.11 "aggravated white collar crime" definitely applied to the multiple $100,000+ felonies committed by the crooks in my case and yet the court failed to enforce 186.11(e)(1) to protect the stolen assets:

Stolen Assets Must Be Protected

CALIFORNIA CODES
PENAL CODE
SECTION 186.11

   (e) (1) If a person is alleged to have committed two or more
felonies, as specified in subdivision (a), and the aggravated white
collar crime enhancement is also charged, any asset or property that
is in the control of that person, and any asset or property that has
been transferred by that person to a third party, subsequent to the
commission of any criminal act alleged pursuant to subdivision (a),
other than in a bona fide purchase, whether found within or outside
the state, may be preserved by the superior court in order to pay
restitution and fines imposed pursuant to this section.  Upon
conviction of two or more felonies, as specified in subdivision (a),
this property may be levied upon by the superior court to pay
restitution and fines imposed pursuant to this section if the
existence of facts that would make the person subject to the
aggravated white collar crime enhancement have been admitted or found
to be true by the trier of fact.

Instead, they gave the stolen property, including property that only I had receipts for, to the criminal family who promptly disposed of it and retained all proceeds. The excuse was that the "brother" owned the property and was not a part of the case. Clearly 186.11(e)(1) says otherwise as he was a "third party" holder of stolen assets.

The Victim Must Have Access to the Crook's Financials

Next, I demanded to receive a copy of the thiefs financial records, as required by Penal Code 1202.4(f)(5) and (h), 1214(b)(2):

PENAL CODE
SECTION 1202.4

[...]

   (f)
   (5) Except as provided in paragraph (6), in any case in which an
order may be entered pursuant to this subdivision, the defendant
shall prepare and file a disclosure identifying all assets, income,
and liabilities in which the defendant held or controlled a present
or future interest as of the date of the defendant's arrest for the
crime for which restitution may be ordered.  The financial disclosure
statements shall be made available to the victim and the board
pursuant to Section 1214.  The disclosure shall be signed by the
defendant upon a form approved or adopted by the Judicial Council for
the purpose of facilitating the disclosure.  Any defendant who
willfully states as true any material matter that he or she knows to
be false on the disclosure required by this subdivision is guilty of
a misdemeanor, unless this conduct is punishable as perjury or
another provision of law provides for a greater penalty.

[...]

   (h) The district attorney may request an order of examination
pursuant to the procedures specified in Article 2 (commencing with
Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of
the Code of Civil Procedure, in order to determine the defendant's
financial assets for purposes of collecting on the restitution order.

PENAL CODE
SECTION 1214

[...]

   (b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment.  Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (4) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (5) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (7) of
subdivision (f) of Section 1202.4.  The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity of
the information contained within the defendant's financial
disclosure.  In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board with a
certified copy of any order imposing a restitution fine or order and
a copy of the defendant's disclosure pursuant to paragraph (4) of
subdivision (f) of Section 1202.4, affidavit or information pursuant
to paragraph (5) of subdivision (f) of Section 1202.4, or report
pursuant to paragraph (7) of subdivision (f) of Section 1202.4.  A
victim shall have access to all resources available under the law to
enforce the restitution order, including, but not limited to, access
to the defendant's financial records, use of wage garnishment and
lien procedures, information regarding the defendant's assets, and
the ability to apply for restitution from any fund established for
the purpose of compensating victims in civil cases.  Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation or parole is enforceable by the victim pursuant
to this section.  Victims and the California Victim Compensation and
Government Claims Board shall inform the court whenever an order to
pay restitution is satisfied.

When I requested this from DA, in writing, they again refused to supply the documentation they are required by law to supply! From the beginning, they said that all they are interested in is jail time. They said repeatedly "you will never get your money". They refuse to enforce the law and serve justice beyond jail time. I figure it is probably because it costs too much for them to do the work.

Summary

This is just a warning to victims that the law will not necessarily do justice and may let the crooks keep everything they stole from you. You may wish to recover your losses first.

Table Of Contents

Timothy D. Witham <twitham@surewest.net>

Time-stamp: "2004-10-21 23:05:08 twitham"