• Discretionary criminal law enforcement in land fraud

    From Adam H. Kerman@3:633/280.2 to All on Wed Aug 13 03:53:02 2025
    I'm fed up with finger-pointing at police being unwilling to file
    criminal charges for certain low-level property crimes and crimes
    against the person knowing that the prosecutor will not pursue charges
    in court or will knock down charges to no jail time.

    In truth, police are unwilling to pursue crimes for all sorts of
    reasons, especially when "It's a civil matter" shows up on the excuse of
    the day calendar.

    Well, any crime in which there is an identifiable victim is indeed a
    civil matter. Police might make no criminal arrests ever. But even if
    the victim intends to pursue civil litigation later, at the very least,
    he needs a police report taken.

    But cops will refuse to write up a complaint even if it won't get
    investigated.

    It should never be discretionary. Why do way pay a fortune for policing
    if they won't help people who have been victimized by crime?

    Here's yet another property transfer fraud with a forged signature on
    documents that would be recorded. It sounds like the attorney who
    handled closing, who notorized the signature, was a conspirator as he
    never put his sworn testimony on the record.

    All sorts of crimes to charge: Forged signature, knowingly recording
    falsified documents, crime knowingly committed by the notary that the
    signer was known to be a nother person, the fraudulent mortgage.

    The property was fraudulently transferred, then a reverse mortgage was obtained, then there was a foreclosure, then an auction sale at foreclosure.

    Now, the victim made mistakes by failing to file for timely injunction
    to stop the sale, but he did other things right by attempting to file a criminal complaint with the sheriff and notifying the auction buyer in
    advance of the fraud.

    What, if anything, can be done to force a sheriff or municipal police to properly take a criminal complaint and invesigate? Is taking the
    complaint always discretionary unless there is a specific statute that
    says not? Can a complaint be filed with the prosecutor if the police are
    giving the victim the runaround?

    Steve Lehto, of course

    https://www.youtube.com/watch?v=khWWpa057WM

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    * Origin: A noiseless patient Spider (3:633/280.2@fidonet)
  • From Rhino@3:633/280.2 to All on Wed Aug 13 04:23:24 2025
    On 2025-08-12 1:53 PM, Adam H. Kerman wrote:
    I'm fed up with finger-pointing at police being unwilling to file
    criminal charges for certain low-level property crimes and crimes
    against the person knowing that the prosecutor will not pursue charges
    in court or will knock down charges to no jail time.

    In truth, police are unwilling to pursue crimes for all sorts of
    reasons, especially when "It's a civil matter" shows up on the excuse of
    the day calendar.

    Well, any crime in which there is an identifiable victim is indeed a
    civil matter. Police might make no criminal arrests ever. But even if
    the victim intends to pursue civil litigation later, at the very least,
    he needs a police report taken.

    But cops will refuse to write up a complaint even if it won't get investigated.

    It should never be discretionary. Why do way pay a fortune for policing
    if they won't help people who have been victimized by crime?

    Here's yet another property transfer fraud with a forged signature on documents that would be recorded. It sounds like the attorney who
    handled closing, who notorized the signature, was a conspirator as he
    never put his sworn testimony on the record.

    All sorts of crimes to charge: Forged signature, knowingly recording falsified documents, crime knowingly committed by the notary that the
    signer was known to be a nother person, the fraudulent mortgage.

    The property was fraudulently transferred, then a reverse mortgage was obtained, then there was a foreclosure, then an auction sale at foreclosure.

    Now, the victim made mistakes by failing to file for timely injunction
    to stop the sale, but he did other things right by attempting to file a criminal complaint with the sheriff and notifying the auction buyer in advance of the fraud.

    What, if anything, can be done to force a sheriff or municipal police to properly take a criminal complaint and invesigate? Is taking the
    complaint always discretionary unless there is a specific statute that
    says not? Can a complaint be filed with the prosecutor if the police are giving the victim the runaround?

    Steve Lehto, of course

    https://www.youtube.com/watch?v=khWWpa057WM

    I think the police may have too much discretion if they can decline to
    even accept a complaint, let alone investigate it. I first came to that conclusion several years ago when I read about cases where police
    departments who had declined to respond to 911 calls got sued in court
    and the courts ruled that they didn't have to respond. I don't recall
    the details at this point beyond the fact that the cases were somewhere
    in the western half of the USA.

    There's something deeply wrong if the institution designed to "serve and protect" can choose not to do so with impunity.

    Having said that I'm not completely naive. I understand that the police, including the 911 service, DO get calls that are clearly misdirected. I
    see stories a few times a year about 911 calls where kids called to ask
    for help with homework or adults call to ask for a police car to
    transport them somewhere which is clearly a misuse of 911. I also have
    no doubt that sometimes circumstances are going to delay response. For instance, if there's a major riot taking place or a natural (?) disaster
    like the fires sweeping LA, a police call on another matter might be
    moved to a very low priority. Clearly, the police need *some* degree of discretion so they can use their judgement to decide on the urgency of a
    call.

    I'm darned if I know how to frame those considerations in legislation
    without making it excessively easy for them to ignore calls. I'd truly
    hate to see a situation like the one in the UK where major police forces
    have gone YEARS without investigating a single robbery preferring to
    spend all their time monitoring for "hurty" speech. That's a country
    where the pendulum has swung way too far away from where it should be.


    --
    Rhino

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    * Origin: A noiseless patient Spider (3:633/280.2@fidonet)
  • From BTR1701@3:633/280.2 to All on Wed Aug 13 04:32:36 2025
    On Aug 12, 2025 at 10:53:02 AM PDT, ""Adam H. Kerman"" <ahk@chinet.com>
    wrote:

    I'm fed up with finger-pointing at police being unwilling to file
    criminal charges for certain low-level property crimes and crimes
    against the person knowing that the prosecutor will not pursue charges
    in court or will knock down charges to no jail time.

    In truth, police are unwilling to pursue crimes for all sorts of
    reasons, especially when "It's a civil matter" shows up on the excuse of
    the day calendar.

    Well, any crime in which there is an identifiable victim is indeed a
    civil matter. Police might make no criminal arrests ever. But even if
    the victim intends to pursue civil litigation later, at the very least,
    he needs a police report taken.

    But cops will refuse to write up a complaint even if it won't get investigated.

    It should never be discretionary. Why do way pay a fortune for policing
    if they won't help people who have been victimized by crime?

    Here's yet another property transfer fraud with a forged signature on documents that would be recorded. It sounds like the attorney who
    handled closing, who notorized the signature, was a conspirator as he
    never put his sworn testimony on the record.

    All sorts of crimes to charge: Forged signature, knowingly recording falsified documents, crime knowingly committed by the notary that the
    signer was known to be a nother person, the fraudulent mortgage.

    The property was fraudulently transferred, then a reverse mortgage was obtained, then there was a foreclosure, then an auction sale at foreclosure.

    Now, the victim made mistakes by failing to file for timely injunction
    to stop the sale, but he did other things right by attempting to file a criminal complaint with the sheriff and notifying the auction buyer in advance of the fraud.

    What, if anything, can be done to force a sheriff or municipal police to properly take a criminal complaint and invesigate? Is taking the
    complaint always discretionary unless there is a specific statute that
    says not? Can a complaint be filed with the prosecutor if the police are giving the victim the runaround?

    Steve Lehto, of course

    https://www.youtube.com/watch?v=khWWpa057WM

    Writ of Mandamus: a court order compelling a government official, agency, or lower court to perform a specific duty required by law. It’s typically issued when someone has a clear legal right to have an action performed, the official has a clear duty to act, and no other adequate remedy exists.




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    * Origin: A noiseless patient Spider (3:633/280.2@fidonet)
  • From Adam H. Kerman@3:633/280.2 to All on Wed Aug 13 04:38:46 2025
    BTR1701 <atropos@mac.com> wrote:
    Aug 12, 2025 at 10:53:02 AM PDT, Adam H. Kerman <ahk@chinet.com> wrote:

    . . .

    What, if anything, can be done to force a sheriff or municipal police to >>properly take a criminal complaint and invesigate? Is taking the
    complaint always discretionary unless there is a specific statute that
    says not? Can a complaint be filed with the prosecutor if the police are >>giving the victim the runaround?

    Steve Lehto, of course

    https://www.youtube.com/watch?v=khWWpa057WM

    Writ of Mandamus: a court order compelling a government official, agency,
    or lower court to perform a specific duty required by law. It's typically >issued when someone has a clear legal right to have an action performed,
    the official has a clear duty to act, and no other adequate remedy exists.

    Thank you

    --- MBSE BBS v1.1.2 (Linux-x86_64)
    * Origin: A noiseless patient Spider (3:633/280.2@fidonet)
  • From moviePig@3:633/280.2 to All on Wed Aug 13 05:28:15 2025
    On 8/12/2025 2:32 PM, BTR1701 wrote:
    On Aug 12, 2025 at 10:53:02 AM PDT, ""Adam H. Kerman"" <ahk@chinet.com> wrote:

    I'm fed up with finger-pointing at police being unwilling to file
    criminal charges for certain low-level property crimes and crimes
    against the person knowing that the prosecutor will not pursue charges
    in court or will knock down charges to no jail time.

    In truth, police are unwilling to pursue crimes for all sorts of
    reasons, especially when "It's a civil matter" shows up on the excuse of
    the day calendar.

    Well, any crime in which there is an identifiable victim is indeed a
    civil matter. Police might make no criminal arrests ever. But even if
    the victim intends to pursue civil litigation later, at the very least,
    he needs a police report taken.

    But cops will refuse to write up a complaint even if it won't get
    investigated.

    It should never be discretionary. Why do way pay a fortune for policing
    if they won't help people who have been victimized by crime?

    Here's yet another property transfer fraud with a forged signature on
    documents that would be recorded. It sounds like the attorney who
    handled closing, who notorized the signature, was a conspirator as he
    never put his sworn testimony on the record.

    All sorts of crimes to charge: Forged signature, knowingly recording
    falsified documents, crime knowingly committed by the notary that the
    signer was known to be a nother person, the fraudulent mortgage.

    The property was fraudulently transferred, then a reverse mortgage was
    obtained, then there was a foreclosure, then an auction sale at foreclosure. >>
    Now, the victim made mistakes by failing to file for timely injunction
    to stop the sale, but he did other things right by attempting to file a
    criminal complaint with the sheriff and notifying the auction buyer in
    advance of the fraud.

    What, if anything, can be done to force a sheriff or municipal police to
    properly take a criminal complaint and invesigate? Is taking the
    complaint always discretionary unless there is a specific statute that
    says not? Can a complaint be filed with the prosecutor if the police are
    giving the victim the runaround?

    Steve Lehto, of course

    https://www.youtube.com/watch?v=khWWpa057WM

    Writ of Mandamus: a court order compelling a government official, agency, or lower court to perform a specific duty required by law. It’s typically issued
    when someone has a clear legal right to have an action performed, the official
    has a clear duty to act, and no other adequate remedy exists.

    'Remedy' meaning an optional path to a result equivalent to the action?



    --- MBSE BBS v1.1.2 (Linux-x86_64)
    * Origin: A noiseless patient Spider (3:633/280.2@fidonet)
  • From NoBody@3:633/280.2 to All on Wed Aug 13 21:39:09 2025
    On Tue, 12 Aug 2025 17:53:02 -0000 (UTC), "Adam H. Kerman"
    <ahk@chinet.com> wrote:

    I'm fed up with finger-pointing at police being unwilling to file
    criminal charges for certain low-level property crimes and crimes
    against the person knowing that the prosecutor will not pursue charges
    in court or will knock down charges to no jail time.

    In truth, police are unwilling to pursue crimes for all sorts of
    reasons, especially when "It's a civil matter" shows up on the excuse of
    the day calendar.

    Well, any crime in which there is an identifiable victim is indeed a
    civil matter. Police might make no criminal arrests ever. But even if
    the victim intends to pursue civil litigation later, at the very least,
    he needs a police report taken.

    But cops will refuse to write up a complaint even if it won't get >investigated.

    It should never be discretionary. Why do way pay a fortune for policing
    if they won't help people who have been victimized by crime?

    Here's yet another property transfer fraud with a forged signature on >documents that would be recorded. It sounds like the attorney who
    handled closing, who notorized the signature, was a conspirator as he
    never put his sworn testimony on the record.

    All sorts of crimes to charge: Forged signature, knowingly recording >falsified documents, crime knowingly committed by the notary that the
    signer was known to be a nother person, the fraudulent mortgage.

    The property was fraudulently transferred, then a reverse mortgage was >obtained, then there was a foreclosure, then an auction sale at foreclosure.

    Now, the victim made mistakes by failing to file for timely injunction
    to stop the sale, but he did other things right by attempting to file a >criminal complaint with the sheriff and notifying the auction buyer in >advance of the fraud.

    What, if anything, can be done to force a sheriff or municipal police to >properly take a criminal complaint and invesigate? Is taking the
    complaint always discretionary unless there is a specific statute that
    says not? Can a complaint be filed with the prosecutor if the police are >giving the victim the runaround?

    Steve Lehto, of course

    https://www.youtube.com/watch?v=khWWpa057WM

    You noted that prosecutors and prosecuting crimes. I think your rant
    is towards the wrong party. Why investigate if there will be no
    prosecution?

    --- MBSE BBS v1.1.2 (Linux-x86_64)
    * Origin: A noiseless patient Spider (3:633/280.2@fidonet)